Kerala High Court Weekly Round-Up: August 8 To August 14, 2022

Nominal Index [ Citation 2022 LiveLaw (Ker) 417- 431]Nimal James & Ors v. State of Kerala & Ors. 2022 LiveLaw (Ker) 417C.P Ajithkumar & Anr. v. State of Kerala & Ors. 2022 LiveLaw(Ker) 418Kendriya Vidyalaya Sangathan v. Elna Chinchu 2022 LiveLaw (Ker) 419Jincy K v. Vivek M.P 2022 LiveLaw (Ker) 420Saritha S. Nair v. Union of India 2022 LiveLaw (Ker) 421Mahanas Moidu v. State of Kerala 2022 LiveLaw (Ker) 422 Hindustan Steel and Cement Versus Assistant State Tax Officer 2022 LiveLaw (Ker) 423Biny Kuriakose v. Joseph Sebastian & connected matters. 2022 LiveLaw (Ker) 424Godson v. State of Kerala & Ors. 2022 LiveLaw (Ker) 425Divyamol R. S. v. The Director General and others 2022 LiveLaw (Ker) 426Gopika Jain & Anr v. Faisal M.A 2022 LiveLaw (Ker) 427Nirupama Padmakumar & Ors. v State of Kerala & Ors 2022 LiveLaw (Ker) 428 M/s Vodafone Idea Ltd v. Kerala State Pollution Control Board & Ors. 2022 LiveLaw (Ker) 429Ramesh v. Chief Investigation Officer & Anr. 2022 LiveLaw (Ker) 430 Dr K P Hamsakoya vs Union Territory Of Lakshadweep [BAIL APPL. NO. 1464 OF 2022] 2022 LiveLaw (Ker) 431Judgements/Orders This WeekKerala High Court Temporarily Bars Self-Financing Colleges From Taking Action Against BPL Students For Non Payment Of Fee Case Title: Nimal James & Ors v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 417The Kerala High Court on Monday temporarily refrained self-financing colleges from taking any form of detrimental action against students belonging to the Below Poverty Line (BPL) category merely for not paying the college fee. The students in the BPL category were recently stripped of the scholarship scheme that was previously available to them.Justice Devan Ramachandran further clarified that this direction was not confined o the petitioners alone but to every student falling under the BPL category.'We Can Neither Wait For Another Victim Nor Can We Let Roads Be Killing Fields': Kerala HC Directs NHAI To Fix Roads Within A WeekCase Title: C.P Ajithkumar & Anr. v. State of Kerala & Ors.Citation: 2022 LiveLaw(Ker) 418The Kerala High Court on Monday directed the National Highway Authority of India to take immediate steps to rectify every road under their control without any further delay within one week from today.Justice Devan Ramachandran observed that steps should be taken to remove the potholes and craters on the road irrespective of whether that be on the National Highway, PWD Roads, or any other road under the control of the various Local Self Government Institutions.Locus Standi To Be Satisfied To Make A Claim On Doctrine Of Legitimate Expectation: Kerala High CourtCase Title: Kendriya Vidyalaya Sangathan v. Elna ChinchuCitation: 2022 LiveLaw (Ker) 419The Kerala High Court recently observed that a person who bases his claim on the doctrine of legitimate expectation must first satisfy that there is a foundation for the same and thus has a locus standi to make such a claim.A Division Bench of Justice P. B. Suresh Kumar and Justice C.S. Sudha observed that for a beneficiary to have a legitimate expectation on invoking the privilege granted, it must be proved that the beneficiary has the locus standi to make such a claim.Convenience Of Wife Must Be Looked Into While Transferring Proceedings In Matrimonial Disputes: Kerala High CourtCase Title: Jincy K v. Vivek M.PCitation: 2022 LiveLaw (Ker) 420The Kerala High Court recently allowed a Transfer Petition observing that it is the convenience of the woman and children that has to be looked into while ordering the transfer of a case from one Court to another in matrimonial cases.Justice C. S. Dias concluded so after referring to the Apex Court decisions regarding the transfer of matrimonial proceedings.Kerala High Court Dismisses Saritha Nair's Plea Seeking Copies Of Swapna Suresh's 164 StatementCase Title: Saritha S. Nair v. Union of IndiaCitation: 2022 LiveLaw (Ker) 421The Kerala High Court on Thursday dismissed the plea moved by Saritha S. Nair, the prime accused in the infamous solar panel scam seeking a direction to provide her with copies of the Section 164 statement given by Swapna Suresh, an accused in the diplomatic gold smuggling case.Justice Kauser Edappagath dismissed the petition finding that the apprehensions projected by Nair were not substantiated sufficiently and therefore 'speculative'.Vlogger's Suicide | 'Custodial Interrogation Necessary To Elicit Truth': Kerala High Court Denies Pre-Arrest Bail To HusbandCase Title: Mahanas Moidu v. State of KeralaCitation: 2022 LiveLaw (Ker) 422The Kerala High Court on Thursday denied anticipatory bail to the husband of a young vlogger Rifa Mehnaz, who was found dead in her house in Dubai earlier this year under mysterious circumstances.Justice Bechu Kurian Thomas dismissed the application for pre-arrest bail finding that the custodial interrogation of the petitioner was essential to elicit the truth surrounding his wife's death.Statement U/S 164 CrPC Is A Public Document, But Third Party Has To Establish ...

Kerala High Court Weekly Round-Up: August 8 To August 14, 2022

Athira Prasad

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