Kerala High Court Weekly Round-Up: July 11 To July 17, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 340-353]Dhanya & Anr v. State of Kerala & Ors, 2022 LiveLaw (Ker) 340R Baji v Kerala State Road Transport Corporation & Ors, 2022 LiveLaw (Ker) 341Jeyaprabha R. v. CBI & connected matters, 2022 LiveLaw (Ker) 342M/s Holmarc Opto Mechatronics (P) Ltd v. Secretary, Kalamassery Municipality & Ors, 2022 LiveLaw (Ker) 343Sivalal v. State of Kerala and connected matters, 2022 LiveLaw (Ker) 344Martin @ Jinu Sebastian and Anr. V. State of Kerala, 2022 LiveLaw (Ker) 345State of Kerala & Ors. v. Manager & Ors, 2022 LiveLaw (Ker) 346Arshom P.M v. State of Kerala & Ors, 2022 LiveLaw (Ker) 347Government of Kerala V. Waves Electronic (P) Ltd, 2022 LiveLaw (Ker) 348Monson Mavunkal v. State of Kerala & Anr, 2022 LiveLaw (Ker) 349Kerala State Co-operative Bank Ltd v. S. Viswanathamallan & Anr, 2022 LiveLaw (Ker) 350Sreejith T.R v. State of Kerala, 2022 LiveLaw (Ker) 351Kerala Christian Professional College Management & Ors v. State of Kerala & Ors, 2022 LiveLaw (Ker) 352Case Title: M. Baburaj v. State of Kerala, 2022 LiveLaw (Ker) 353Judgments/Orders This WeekLicence Under Places Of Public Resort Act Is Compulsory To Run A Gym: Kerala High CourtCase Title: Dhanya & Anr v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 340The Kerala High Court ruled that a licence under the Kerala Places of Public Resort Act, 1963 is necessary for starting and functioning a gymnasium in the State as long as the Act remains in force. Justice P.V. Kunhikrishnan thereby directed the State to instruct all Municipalities, Corporations and Panchayats to send notices to the gyms in the State functioning without a license within 3 weeks.Also Read: 'Only God Can Save These Types Of Lawyers': Kerala High Court After Advocate Argues Against Interest Of His ClientConsider Modernising Toilets, Wash Areas: Kerala High Court Suggests Launching 'Back To KSRTC Movement'Case Title: R Baji v Kerala State Road Transport Corporation & Ors.Citation: 2022 LiveLaw (Ker) 341The Kerala High Court recommended that the Kerala State Road Transport Corporation (KSRTC) be updated with modern facilities to restore public faith in the Corporation, thereby augmenting its revenue. Justice Devan Ramachandran suggested that the KSRTC should begin by improving its facilities such as toilets and wash areas and called this process the 'Back to KSRTC movement'.Advocates' Welfare Fund Scam: Kerala High Court Denies Pre-Arrest Bail To 7 AccusedCase Title: Jeyaprabha R. v. CBI & connected matters.Citation: 2022 LiveLaw (Ker) 342The Kerala High Court denied anticipatory bail to seven accused in the scam involving misappropriation of over ₹7.5 crores from the Kerala Advocates Welfare Fund. Justice K. Babu refused pre-arrest bail to the accused pointing out that this could tamper with the ongoing investigation in the matter.Establishments In Notified Industrial Areas Exempted From Obtaining Building Permit From Local Bodies: Kerala High CourtCase Title: M/s Holmarc Opto Mechatronics (P) Ltd v. Secretary, Kalamassery Municipality & Ors.Citation: 2022 LiveLaw (Ker) 343The Kerala High Court recently held that undertakings being established or proposed to be established in notified industrial areas shall be exempted from obtaining any type of permits from Municipalities or Grama Panchayats for such construction. Justice Shaji P. Chaly added that such exemption is provided to promote industries in the State and to facilitate an easy mechanism to start such establishments without being encumbered by legal complexities.'Another Life Lost, Yet Another Prosecution Fails': Kerala High Court Acquits 13 RSS Workers In Vishnu Political Murder CaseCase Title: Sivalal v. State of Kerala and connected matters.Citation: 2022 LiveLaw (Ker) 344The Kerala High Court acquitted 13 Rashtriya Swayamsevak Sangh (RSS) activists who were booked and sentenced by a trial court for the political murder of CPI(M) activist Vishnu. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran acquitted the workers observing that the prosecution case reeked of a deliberate attempt to tutor witnesses, collect evidence and define a scripted story.Person Driving Without License Has Knowledge That Act Likely To Cause Death: Kerala HC Refuses To Modify Conviction From S.304 To 304A IPCCase Title: Martin @ Jinu Sebastian and Anr. v. State of KeralaCitation: 2022 LiveLaw (Ker) 345The Kerala High Court has held that when there is knowledge to the accused that the act he has done is likely to cause the death of a person and with the said knowledge he does the act and in consequence thereof the person dies, it will fall under Section 304 Part II IPC. Justice A Badharudeen, while distinguishing between offences falling under Section 304A and Section 304 Part II IPC observed that when intent or knowledge is the direct motivating force of the act, Section 304A of IPC has to make room for the graver and more serious charge of culpable homicide.State Not Obliged To Pay Salary...

Kerala High Court Weekly Round-Up: July 11 To July 17, 2022

Hannah M Varghese

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