Kerala High Court Weekly Round-Up: March 20 To March 26, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 144-157]Jollyamma Joseph @ Jolly V State of Kerala 2023 LiveLaw (Ker) 144xxx v. State of Kerala 2023 LiveLaw (Ker) 145D. Kumar v. A. Raja 2023 LiveLaw (Ker) 146Sudheesh.U V The Revenue Divisional Officer Palakkad 2023 LiveLaw (Ker) 147Sumesh G.S @ Sumesh Marcopolo V State Of Kerala 2023 LiveLaw (Ker) 148Megha Oshin v State of Kerala 2023 LiveLaw (Ker) 149Dr. Usha V. Parameswaran and Others V State of Kerala and Others 2023 LiveLaw (Ker) 150Omar Abdul Vahab & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 151T Peethambaran V State of Kerala 2023 LiveLaw (Ker) 152Adv. Richard Rajesh Kumar V State of Kerala 2023 LiveLaw (Ker) 153P.T. Jose & Ors. v. State of Kerala & Anr. and other connected matters 2023 LiveLaw (Ker) 154Kerala Public Service Commission V. Arjun Geetha & Others 2023 LiveLaw (Ker) 155Dr. K.S. Chandrasekhar & Ors. v. The Chancellor & Ors 2023 LiveLaw (Ker) 156Ajin K.A. & Ors. v. The Joint Deputy Director & Ors. 2023 LiveLaw (Ker) 157Judgments/Orders This Week Kerala High Court Refuses To Interfere With Trial Court's Order For In-Camera Proceedings In Koodathayi Murder CaseCase Title: Jollyamma Joseph @ Jolly V State of Kerala Citation: 2023 LiveLaw (Ker) 144The Kerala High Court refused to interfere with the order of the trial court that directed proceedings to be held in-camera in the trial for the murder of Roy Thomas, where his wife Jolly Joseph is the prime accused. A single bench of Justice Bechu Kurian Thomas said,"Unless the applicant is able to show that prejudice has been caused on account of the order directing in-camera proceedings to be held, this Court ought not, in exercise of the inherent jurisdiction, interfere with the satisfaction exercised by the trial Judge".False Promise Of Marriage: Kerala High Court Refuses To Quash Rape Case, Says Accused Obtained Consent Only For Sexual Relationsxxx v. State of Kerala Citation: 2023 LiveLaw (Ker) 145The Kerala High Court recently refused to quash the criminal proceedings that had been initiated against a person for allegedly raping a woman under the false promise of marriage, on the ground that the facts prima facie established that he had never intended to marry her. Justice K. Babu perused Section 90 of the Indian Penal Code which refers to the expression 'consent', and noted that for the purposes of Section 375, consent requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent.‘Practising Christian, Not A Scheduled Caste Member’: Kerala High Court Annuls CPM MLA A Raja's Election From Reserved Constituency Case Title: D. Kumar v. A. Raja Citation: 2023 LiveLaw (Ker) 146The Kerala High Court declared CPM candidate A. Raja's 2021 election from the Devikulam Assembly constituency as void. Justice P. Somarajan said Raja is not a member of 'Hindu Parayan' within the State of Kerala and thus not qualified to be chosen to fill the Devikulam Assembly constituency that had been reserved for Scheduled Caste among Hindus.[Kerala Wetland Act] Property Cannot Be Termed 'Paddy Land' For Sole Reason That It Is Lying Fallow: High CourtCase Title: Sudheesh.U V The Revenue Divisional Officer Palakkad Citation: 2023 LiveLaw (Ker) 147The Kerala High Court recently reiterated that a property cannot be termed as paddy land under the Kerala Conservation of Paddy Land and Wetland Act, 2008 for the sole reason that property is lying as fallow. The court observed that the Revenue Divisional Officer must also be satisfied that the land is suitable for paddy cultivation apart from it being fallow, for it to fall under the category of paddy land under the 2008 Act.A single bench of Justice Viju Abraham observed that: “Going by the definition in Section 2(xii) of “paddy land” in the Act, 2008, to bring in a land within the definition of paddy land, it should be suitable for paddy cultivation, but uncultivated and left fallow. Just for the reason that the property is left fallow, the land cannot be brought within the definition of paddy land but the Revenue Divisional Officer should be satisfied that the land is suitable for paddy cultivation and left fallow and therefore only on satisfaction of the said twin conditions that a land could be treated as paddy land coming under the definition of Section 2(xii) of the Act, 2008.”Media Or Govt Agencies Have No Right To Peep Into Private Lives Of Citizens Without Any Valid Reason: Kerala High Court Slams Online Media ChannelsCase Title: Sumesh G.S @ Sumesh Marcopolo V State Of Kerala Citation: 2023 LiveLaw (Ker) 148The Kerala High Court recently came down heavily on certain online media channels for broadcasting private moments of a woman and said it is disheartening to note that some online news channels "are in the habit of publishing sleaze more than news." A single bench of Justice VG Arun while...

Kerala High Court Weekly Round-Up: March 20 To March 26, 2023

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