Kerala High Court Weekly Round-Up: June 20 To June 26, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 288- 303]Neethu v. Trijo Joseph, 2022 LiveLaw (Ker) 288T.K Pradeep v. Kerala State Road Transport Corporation & Ors, 2022 LiveLaw (Ker) 289XXX v. Union of India, 2022 LiveLaw (Ker) 290Suresh Raj v. National Investigation Agency, 2022 LiveLaw (Ker) 291Vijay Babu v. State of Kerala & Anr, 2022 LiveLaw (Ker) 292M/S C.S Company & Ors v. Kerala State Electricity Board & Anr, 2022 LiveLaw (Ker) 293Subaida Ebrahim v. Moosa C & Ors, 2022 LiveLaw (Ker) 294Arun P. v. State of Kerala & Anr, 2022 LiveLaw (Ker) 295Jayachandran V. v. State of Kerala & Anr, 2022 LiveLaw (Ker) 296Sister Sephy v CBI, 2022 LiveLaw (Ker) 297Rakhi Bose & Anr. v Union of India & Ors, 2022 LiveLaw (Ker) 298Furseen Majeed & Anr. v. State of Kerala & Anr, 2022 LiveLaw (Ker) 299Sujith Narayanan v. State of Kerala & Anr, 2022 LiveLaw (Ker) 300Kerala Private Hospitals Association v. State of Kerala & Ors, 2022 LiveLaw (Ker) 301Abdul Ansar v. State of Kerala, 2022 LiveLaw (Ker) 302Southern Dredging Co (P) Ltd v. K. Muhammed Haji, 2022 LiveLaw (Ker) 303Judgments/Orders This Week1. DV Act | Court Can Strike Off Defence For Willful Non-Compliance With Order For Interim Maintenance: Kerala High CourtCase Title: Neethu v. Trijo JosephCitation: 2022 LiveLaw (Ker) 288It has been ruled that a Court can strike off the defence of the defaulter if they deliberately or willfully refuse to comply with its order directing payment of interim maintenance under the Protection of Women from Domestic Violence Act (DV Act). Justice Kauser Edappagath held so after observing that in Rajnesh v. Neha & Anr, the Supreme Court had upheld the power of the court to strike off the defence if there was willful and contumacious non-compliance with the order of payment of maintenance.2. KSRTC Employees Complain Of Working Over 8 Hours: Kerala High Court Seeks Explanation On Fixing ScheduleCase Title: T.K Pradeep v. Kerala State Road Transport Corporation & Ors.Citation: 2022 LiveLaw (Ker) 289The High Court asked Kerala State Road Transport Corporation (KSRTC) to produce a foolproof mechanism it uses to schedule its trips after a plea complained of employees being forced to work more than eight hours. Justice Devan Ramachandran directed the KSRTC to revert back with proper instruction on the same before going into the merits of the case. The Court deemed it appropriate that KSRTC be given time to produce before it a foolproof mechanism for fixing the Schedules of their trips, which does not violate the statutory scheme either.3. Alarming No. Of Women Succumbing To Breast Cancer Due To Inability To Afford Treatment: Kerala HC Asks Centre To Consider Compulsory Licensing Of Drug RibociclibCase Title: XXX v. Union of IndiaCitation: 2022 LiveLaw (Ker) 290The Court has directed the Department for Promotion of Industry and Internal Trade to consider compulsory licensing of Ribociclib, a life-saving breast cancer drug considering the alarming number of women who succumb to the disease merely because they could not afford treatment. Justice V.G. Arun found this issue to be demanding serious consideration at the hands of the concerned authorities and issued an interim direction to the Department to pass a reasoned order on this issue after consulting with the relevant authorities.4. S.306/307 CrPC | Pardon Can Be Tendered To Any Person Privy To The Offence, Not Only The Accused: Kerala High CourtCase Title: Suresh Raj v. National Investigation AgencyCitation: 2022 LiveLaw (Ker) 291The Court has held that under Sections 306 and 307 of the Code of Criminal Procedure (CrPC), a pardon can be granted to any person even if they have not been arraigned as an accused in the final report, as long as they were privy to the offence. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran opined so after observing that the language employed in Sections 306 and 307 is not 'an accused person' but 'any person', which implies that the person to whom pardon is to be tendered need only be 'directly or indirectly concerned in or privy to' the offence.5. Kerala High Court Grants Anticipatory Bail To Actor-Producer Vijay Babu In Rape Case Subject To ConditionsCase Title: Vijay Babu v. State of Kerala & Anr.Citation: 2022 LiveLaw (Ker) 292The High Court granted pre-arrest bail subject to conditions to Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of sexually exploiting her. Justice Bechu Kurian Thomas allowed the anticipatory bail plea with a condition that limited custody of the actor shall be available to the investigating officer.Also Read: 12 Circumstances That Persuaded Kerala High Court To Grant Pre-Arrest Bail To Vijay Babu In Rape Case6. Suit Against A Firm Is A Suit Against All Persons Who Were Its Partners When Cause Of Action Occured: Kerala High CourtCase Title: M/S C.S Company & Ors v. Kerala State Electricity Board & Anr.Citation: 2022 LiveLaw (Ker) 293The Court has held that a suit instituted by or...

Kerala High Court Weekly Round-Up: June 20 To June 26, 2022

Hannah M Varghese

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