Kerala High Court Weekly Round Up : May 16 To May 22, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 222- 235]Bhasy v. Thomas & Ors, 2022 LiveLaw (Ker) 222National Insurance Co. Ltd. v. Narayani & Ors, 2022 LiveLaw (Ker) 223 Philip K.J v. State of Kerala & Ors, 2022 LiveLaw (Ker) 224Principal v. Addl. Registering Authority & Ors, 2022 LiveLaw (Ker) 225Uma Murthi v. State of Kerala, 2022 LiveLaw (Ker) 226 Mini Antony v. Savio Aruja, 2022 LiveLaw (Ker) 227Dr. Sree Hari N. v. State of Kerala, 2022 LiveLaw (Ker) 228Ratnamani George & Ors. v. Authorised Officer, 2022 LiveLaw (Ker) 229Vakiyath Koya & Ors. v State of Kerala & Ors, 2022 LiveLaw (Ker) 230Treasa K.J & Anr. v State of Kerala & Ors, 2022 LiveLaw (Ker) 231Saju A.R. & Ors. v. Union of India & Ors, 2022 LiveLaw (Ker) 232R.Ramaraja Varma v. State of Kerala, 2022 LiveLaw (Ker) 233Eraj v. State of Kerala, 2022 LiveLaw (Ker) 234Aswin Das & Ors. v. Union of India & Ors, 2022 LiveLaw (Ker) 235Judgments This Week1. Decree For Specific Performance Can't Be Granted Based On Oral Agreement Unless Proved By Cogent Evidence: Kerala High CourtCase Title: Bhasy v. Thomas & Ors.Citation: 2022 LiveLaw (Ker) 222The Kerala High Court recently established that a decree for specific performance cannot be granted based on an oral agreement unless there is cogent evidence to prove such agreement in the first place. Justice K. Babu observed that the plea of an oral contract for reconveyance can be accepted only if there is cogent and convincing evidence to establish it. The Court found that the respondent failed to adduce oral evidence in regard to the nature of the document despite the burden of proof in respect of the property being on him.2. Kerala High Court Holds State Electricity Board Liable For Death Of Man Electrocuted While Boarding A Bus In Contact With Loose WireCase Title: National Insurance Co. Ltd. v. Narayani & Ors.Citation: 2022 LiveLaw (Ker) 223The Kerala High Court recently held that when a person dies of electrocution from a hanging electric line touching a vehicle, the Kerala State Electricity Board and its employees are equally liable for negligence apart from the driver of such vehicle. Justice M.R. Anitha held that it is the bounden duty of KSEB and its employees to keep electrical equipment and accessories intact and in the proper position to avoid danger to the public.3. Rule 67A Of Kerala Government Servants Conduct Rules Does Not Curtail A Religious Denomination's Right To Manage Its Affairs: High CourtCase Title: Philip K.J v. State of Kerala & Ors. Citation: 2022 LiveLaw (Ker) 224The Kerala High Court recently held that Rule 67A of the Kerala Government Servants Conduct Rules, 1960 does not curtail a religious denomination's right to manage its own affairs available under Article 26(B) of the Constitution of India in any manner. Rule 67A prohibits any Government Servant from being an office-bearer of any communal or religious organisation or of such trust or society. Justice T.R. Ravi observed that what is protected under Article 26 (B) is the right of a denomination to manage its own affairs in matters of religion and not regarding the election of office-bearers.4. Kerala High Court Urges State Transport Commissioner To Ensure Motor Vehicles Strictly Follow Safety StandardsCase Title: Principal v. Addl. Registering Authority & Ors.Citation: 2022 LiveLaw (Ker) 225The Kerala High Court has directed the Transport Commissioner to take necessary steps to ensure strict compliance with its earlier directions issued in 2019, through the concerned officers of the Motor Vehicles Department against motor vehicles which violate the safety standards in the State. Justice Anil K. Narendran laid particular emphasis on the safety standards relating to lighting, light-signalling devices, vehicles fitted with unauthorised name board, emblem, flag and also multi-coloured red, blue and white lights intended for vehicles on designated emergency and disaster management duties; vehicles used on public places without displaying registration marks appropriately; vehicles pasted with cooling films on safety glass or fitted with sliding cloth curtains.5. Kerala High Court Permits Party To Be Assisted By Engineer Of Her Choice During Technical Expert Committee's Inspection Of Damage To Her PropertyCase Title: Uma Murthi v. State of KeralaCitation: 2022 LiveLaw (Ker) 226The Kerala High Court in an unusual move permitted an appellant to be assisted by an engineer of her choice while the statutorily appointed Municipal Level Technical Expert Committee inspects the damage caused to her property by the ongoing construction of the party respondents. A Division Bench comprising Justice Devan Ramachandran and Justice P.G. Ajithkumar however made it clear that such engineer shall not interfere with the enquiry conducted by the Committee, and can only assist the appellant.6. Inconvenience Of Husband's Power Of Attorney Holder Not A Ground To Deny Transfer Sought For By Wife: Kerala High CourtCase Title: Mini Antony v. Savio ArujaCitation:...

Kerala High Court Weekly Round Up : May 16 To May 22, 2022

Hannah M Varghese

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