Kerala High Court Weekly Round-Up: July 16 – July 21, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 437-458]Remya Haridas v State of Kerala and Others, 2024 LiveLaw (Ker) 437Abdul Razak v Union of India, 2024 LiveLaw (Ker) 438Vivek Joy v State of Kerala & Connected Case, 2024 LiveLaw (Ker) 439Soman T. N. v Additional District Collector and Others, 2024 LiveLaw (Ker) 440Joby George v Siby Valloran, 2024 LiveLaw (Ker) 441Sajith Shyam v State of Kerala, 2024 LiveLaw (Ker) 442Pradeep v State of Kerala, 2024 LiveLaw (Ker) 443Sunil Kumar K Versus The State Tax Officer-I, Kottarakkara, 2024 LiveLaw (Ker) 444PCIT Versus Kunhitharuvai Memorial Charitable Trust, 2024 LiveLaw (Ker) 445Sujith v State of Kerala, 2024 LiveLaw (Ker) 446Suneeh Babu v Maneesha, 2024 LiveLaw (Ker) 447Rajesh Gopalakrishnan v State of Kerala, 2024 LiveLaw (Ker) 448Abdul Rahman v State of Kerala and Others, 2024 LiveLaw (Ker) 449Raju George @ N M Raju v State of Kerala & Connected Case, 2024 LiveLaw (Ker) 450Dr. Radhakrishna S Naik v State of Kerala, 2024 LiveLaw (Ker) 451CA P J Johney v The GST Council Through Its Secretary, 2024 LiveLaw (Ker) 452XXX v State of Kerala and Others, 2024 LiveLaw (Ker) 453Geetha S v Pradeep G, 2024 LiveLaw (Ker) 454Abdul Khader v State of Kerala, 2024 LiveLaw (Ker) 455Elite Green Pvt Ltd Versus Under Secretary (Customs-III/VI), 2024 LiveLaw (Ker) 456The South Indian Bank Ltd Versus ACIT, 2024 LiveLaw (Ker) 457Unitac Energy Solutions (India) Pvt.Ltd. Versus The Assistant Commissioner Of Income Tax, 2024 LiveLaw (Ker) 458Judgements/ Orders This WeekKerala High Court Quashes Extension Given To KILA Director General, Directs For Charge To Be Given To Competent Officer Till Fresh AppointmentCase Title: Remya Haridas v State of Kerala and OthersCitation: 2024 LiveLaw (Ker) 437In A Writ petition filed by former MP Remya Haridas, the High Court ordered that the extension given to the current Director General of Kerala Institute of Local Administration (KILA) is illegal. Joy Elamon, General Director crossed the age of 60 and is therefore not qualified to continue as the Director General. The State had argued that the extension was given only till a new appointment was made.The Court said that Joy Elamon continuing in the post after he attained 60 years is illegal and improper as it is against the Memorandum of Association. Justice Basant Balaji observed: “The Memorandum of Association of a registered society is a charter of the company. The Governing Council approved the said Memorandum on 16.01.2018, so all appointments and the functioning of the society shall be in tune with the memorandum of Association. Clause 43 states explicitly that the Director General recruited from the open market can be allowed until he has attained the age of 60 years, and reappointment is permitted subject to age restriction.”Larger Public Good By Constructing National Highways Need Not Be Overemphasized, Interest Of Local People Must Also Be Considered: Kerala HCCase Title: Abdul Razak v Union of IndiaCitation: 2024 LiveLaw (Ker) 438The Kerala High Court has stated that the importance of constructing national highways for the larger public good should not be over-emphasized since it is equally crucial to consider the interests of the people of a particular locality to promote the common good effectively.Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. dismissed the writ appeal taking note of the existence of a vehicular underpass close by to the location suggested by the appellants.No Offence Of Bigamy If Second Marriage Is Performed During Subsistence Of Ex-Parte Divorce Decree Which Is Later Set Aside: Kerala High CourtCase Title: Vivek Joy v State of Kerala & Connected CaseCitation: 2024 LiveLaw (Ker) 439The Kerala High Court has laid down that no penal consequences would be attracted under Section 494 of the IPC for solemnizing second marriage during the operation of ex parte decree of divorce from the first marriage, even if the ex parte decree was set aside on a subsequent date.Justice A. Badharudeen observed that there was no legal marriage subsisting between the parties when the second marriage took place due to the operation of the ex parte decree of divorce, even if it was set aside later. District Magistrate Has To Re-Consider All Parameters On Licensee's Application To Increase Storage Quantity Of Explosives: Kerala High CourtCase Title: Soman T. N. v Additional District Collector and OthersCitation: 2024 LiveLaw (Ker) 440The Kerala High Court has ordered that the District Magistrate has to re-ascertain all the criteria before allowing an application for increasing the permissible amount of explosive one can store, from 25 kilograms to 100 kilograms. The Court observed that the parameters of enquiry for 25 kilograms is not similar to the parameters for 100 kilograms. Justice C. Jayachandran observed, “The parameters of enquiry for storing 25 kilograms cannot be said to be similar and the same, as the parameters for an enquiry storing 100 kilogram.”Motor Accidents Claims...

Kerala High Court Weekly Round-Up: July 16 – July 21, 2024

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