Kerala High Court Weekly Round-Up: August 07 - August 13, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 377-397]National Insurance Co Ltd v. Jareesh & Ors 2023 LiveLaw (Ker) 377Zulu Haris v. Union of India & Ors. 2023 LiveLaw (Ker) 378Deepak K. Balakrishnan v State of Kerala 2023 LiveLaw (Ker) 379State of Kerala v. Navaneeth Krishnan and other connected matters 2023 LiveLaw (Ker) 380 Luciya Francis v State of Kerala 2023 LiveLaw (Ker) 381XXX & Anr. v. The Health Secretary & Ors. 2023 LiveLaw (Ker) 382Poongottil Prasad v Melattur Grama Panchayat 2023 LiveLaw (Ker) 383Santiago Martin & Anr v. Union of India & Ors. 2023 LiveLaw (Ker) 384Rahib K.Y. & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 385Vineesh v State of Kerala 2023 LiveLaw (Ker) 386Joseph John v State of Kerala & Connected matters 2023 LiveLaw (Ker) 387Sandhya v Secretary & Ors. 2023 LiveLaw (Ker) 388Faizal K V v. State of Kerala & Anr 2023 LiveLaw (Ker) 389M/S Srinivasa Builders v. Commercial Tax Officer & Ors. 2023 LiveLaw (Ker) 390Suo Moto v State of Kerala 2023 LiveLaw (Ker) 391Abdul Mujeeb v Suja 2023 LiveLaw (Ker) 392Shajan Scariya v. State of Kerala & Ors. 2023 LiveLaw (Ker) 393Thressiamma Jose v State of Kerala 2023 LiveLaw (Ker) 394Vineet Ganesh v. Priyanka Vasan 2023 LiveLaw (Ker) 395Shaju v. State of Kerala 2023 LiveLaw (Ker) 396Lijeesh M.J. @ Lijeesh Mullezhath v. State of Kerala & Ors. 2023 LiveLaw (Ker) 397Judgments/Orders This WeekMV Act | Insurance Company Can Recover Compensation From Insured If Clear Breach Of Policy Conditions Proved: Kerala High CourtCase Title: National Insurance Co Ltd v. Jareesh & Ors Citation: 2023 LiveLaw (Ker) 377The Kerala High Court recently upheld the right of insurance companies to recover compensation amounts from the insured (vehicle owner) if the driver involved in the motor accident did not have a valid driving license, as long as the insurance company proves its defence under Section 149(2) of the Motor Vehicles Act. Justice C. Jayachandran emphasised that the insurer must establish a clear breach of policy conditions by the owner to be entitled to reimbursement and that the insured was guilty of negligence and failed to exercise reasonable care in ensuring that the driver had a valid driving license at the time of the accident."Insofar as the insurer's claim for reimbursement from the insured, all what is required is to establish a clear breach of a policy condition in terms of Section 149(2)(a)(ii). This Court will further clarify that, if the findings/stipulations in Clauses (iii), (iv) and (vi) are satisfied, the insurer will be entitled to seek complete exoneration of the liability, that is to say, even as against third party; else, the insurer will be duty bound to own the claim as against the third party, but in which case he will have the liberty to seek reimbursement from the insured upon establishing a clear violation of a condition of the policy."Kerala High Court Directs Commissioner Of Entrance Exams To Consider Medical Aspirant's Request For KEAM AllotmentCase Title: Zulu Haris v. Union of India & Ors.Citation: 2023 LiveLaw (Ker) 378The Kerala High Court recently directed the Commissioner for Entrance Examinations to consider the case of a student who had qualified the National Eligibility Cum Entrance Test (UG)-2023 (NEET), but whose name was not included in the final category list of KEAM-2023 on the ground that she did not upload her NEET (UG) Scorecard. Justice P.V. Kunhikrishnan directed the said authority to pass appropriate orders in the case within a period of one week.No Consent For Sexual Act When Victim Was Semi Conscious: Kerala High Court Refuses Anticipatory Bail To Accused Under SC/ST ActCase Title: Deepak K. Balakrishnan v State of Kerala Citation: 2023 LiveLaw (Ker) 379The Kerala High Court refused anticipatory bail to a college student accused of committing rape upon her junior, after intoxicating her. While the accused claimed they were in a consensual relationship, Justice A Badharudheen noted that prosecutrix, who is a member of a Scheduled Caste community, had alleged that accused forcefully fed her a cake and some water after which she felt her eye sight was diminishing and she reached a semi unconscious stage.In this backdrop the bench held that a prima facie case under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter, the Act) is made out, barring anticipatory bail. It therefore dismissed the accused person's appeal stating,“In this case the specific case of the defacto complainant is that she was subjected to rape after giving her a cake and a bottle of water by the accused and later she felt that her eye sight was diminishing and when she was at a semi conscious stage. In such a case, it cannot be held that the overt act alleged by the defacto complainant is one arose out of consent. Therefore, the prosecution allegations are well made out prima facie and as such anticipatory bail cannot be granted in view of the specific bar under Section 18 and 18A of the SC/ST...

Kerala High Court Weekly Round-Up: August 07 - August 13, 2023

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Kerala High Court Weekly Round-Up: August 07 - August 13, 2023

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