Kerala High Court Weekly Round Up: July 4 - July 10, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 320-339]1. Vasu Kallayi v. State of Kerala & Ors. 2022 LiveLaw (Ker) 3202. Cheshire Tarzan v. State of Kerala & Ors. 2022 LiveLaw (Ker) 3213. State of Kerala v. XXX 2022 LiveLaw (Ker) 3224. XXX v. State Of Kerala & Anr. 2022 LiveLaw (Ker) 3235. Sathy & Ors v. Dileep I.S & Ors. 2022 LiveLaw (Ker) 3246. Ansar Najeeb & Ors v. State of Kerala 2022 LiveLaw (Ker) 3257. Akhil P.S v. Director General of Police & Anr. 2022 LiveLaw (Ker) 3268. State of Kerala & Anr v. Dr. K. Mohamed Akbar & Ors. and connected matters 2022 LiveLaw (Ker) 3279. Bijoy v. Gopinathan & Ors. 2022 LiveLaw (Ker) 32810. Jibin Joseph v. Union Territory of Lakshadweep & Anr. 2022 LiveLaw (Ker) 32911. State of Kerala v. DR.JOHN PANICKER 2022 LiveLaw (Ker) 33012. Faizal Kulappadam @ Faizal N v. State of Kerala & Ors. 2022 LiveLaw (Ker) 33113. C Abdul Aziz & Ors. v Chembukandy Safiya & Ors. 2022 LiveLaw (Ker) 33214. Akhil M v. Union of India & Ors. 2022 LiveLaw (Ker) 33315. Binoy Kurian v. Varkey Joseph 2022 LiveLaw (Ker) 33416. Navaneeth N Nath v State of Kerala 2022 LiveLaw (Ker) 33517. University of Calicut v. Mohamed Sajid T & Ors. 2022 LiveLaw (Ker) 33618. Thomas v. R. Murugasamy 2022 LiveLaw (Ker) 33719. Inspector General of Registration & Anr v. Riyasudheen K & Ors. 2022 LiveLaw (Ker) 33820. Cochin University of Science and Technology v. Dr P. V. Sasikumar 2022 LiveLaw (Ker) 339Judgments This Week:Kerala Wetland Act | Ignorance Of Law & Its Development Through Judgments Main Reason For Accumulation Of Cases: High CourtCase Title: Vasu Kallayi v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 320The Kerala High Court recently observed that the primary cause of cases stockpiling under the Kerala Conservation of Paddy Land and Wetland Act, 2008 was the ignorance of law and its developments through judicial decisions. Justice P.V Kunhikrishnan thereby set aside orders passed by the Local Level Monitoring Committee and by the Revenue Division Officer, citing unsustainability under the law, while calling the petition a classic example of such ignorance.Kerala High Court Directs Union Ministry To Pass Expedite Orders On Officers' Deliberate Dereliction Of Duty Under Emblems & Names ActCase Title: Cheshire Tarzan v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 321The Kerala High Court has directed the Union Ministry of Consumer Affairs, Food & Public Distribution to pass an appropriate order on the issue of deliberate dereliction of duty by the Inspector Station House Officer, in obeying the mandates of the Emblems and Names (Prevention of Improper Use) Act, 1950. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly noted that the matter was pending consideration before Ministry, before directing the respondents to reach a logical conclusion on the matter without delay.Actor Assault Case| Kerala High Court Allows Crime Branch's Plea Seeking Forensic Analysis Of Memory CardCase Title: State of Kerala v. XXX Citation: 2022 LiveLaw (Ker) 322The Kerala High Court on Tuesday allowed a petition moved by the Crime Branch challenging the order of the Ernakulam Additional Special Sessions Court which rejected its petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination. Justice Bechu Kurian Thomas accordingly set aside the trial court's order finding that the prosecution only wanted to ascertain certain details that it assumes to be of relevance in the investigation, and not initiate any action.Delay In Reporting Sexual Offences To Be Viewed Differently, Can't Be Equated With Delay In Other Cases: Kerala High CourtCase Title: XXX v. State Of Kerala & Anr.Citation: 2022 LiveLaw (Ker) 323The Kerala High Court last week observed that the delay in reporting sexual offences should not be viewed as strictly as in other offences and that it would only become fatal in a case where the authenticity of the prosecution version is uncertain. Justice Kauser Edappagath remarked that this was so because, in a traditional society like ours, it was not reasonable to disbelieve the incident merely because there was a delay in filing the complaint.Limitation Period For Filing Motor Accidents Claim Applicable Only Prospectively From April 1, 2022 : Kerala High CourtCase Title: Sathy & Ors v. Dileep I.S & Ors.Citation: 2022 LiveLaw (Ker) 324The Kerala High Court on Friday while allowing an original petition, held that the limitation period for filing motor accident claims as per Section 166(3), which was introduced by Motor Vehicles (Amendment) Act 2019, only has a prospective effect. Justice Amit Rawal remarked that otherwise, with the stroke of the amendment, the right available to the injured and the claimants of the deceased person would be taken away.Kerala High Court Grants Bail To 31 Persons Accused Of Raising Provocative Slogans During PFI RallyCase Title: Ansar Najeeb & Ors v. State of KeralaCitation: 2022...

Kerala High Court Weekly Round Up: July 4 - July 10, 2022

Athira Prasad

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