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) 222

National Insurance Co. Ltd. v. Narayani & Ors, 2022 LiveLaw (Ker) 223

 Philip K.J v. State of Kerala & Ors, 2022 LiveLaw (Ker) 224

Principal v. Addl. Registering Authority & Ors, 2022 LiveLaw (Ker) 225

Uma Murthi v. State of Kerala, 2022 LiveLaw (Ker) 226

 Mini Antony v. Savio Aruja, 2022 LiveLaw (Ker) 227

Dr. Sree Hari N. v. State of Kerala, 2022 LiveLaw (Ker) 228

Ratnamani George & Ors. v. Authorised Officer, 2022 LiveLaw (Ker) 229

Vakiyath Koya & Ors. v State of Kerala & Ors, 2022 LiveLaw (Ker) 230

Treasa K.J & Anr. v State of Kerala & Ors, 2022 LiveLaw (Ker) 231

Saju A.R. & Ors. v. Union of India & Ors, 2022 LiveLaw (Ker) 232

R.Ramaraja Varma v. State of Kerala, 2022 LiveLaw (Ker) 233

Eraj v. State of Kerala, 2022 LiveLaw (Ker) 234

Aswin Das & Ors. v. Union of India & Ors, 2022 LiveLaw (Ker) 235

Judgments This Week

1. Decree For Specific Performance Can't Be Granted Based On Oral Agreement Unless Proved By Cogent Evidence: Kerala High Court

Case Title: Bhasy v. Thomas & Ors.

Citation: 2022 LiveLaw (Ker) 222

The 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 Wire

Case Title: National Insurance Co. Ltd. v. Narayani & Ors.

Citation: 2022 LiveLaw (Ker) 223

The 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 Court

Case Title: Philip K.J v. State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 224

The 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 Standards

Case Title: Principal v. Addl. Registering Authority & Ors.

Citation: 2022 LiveLaw (Ker) 225

The 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 Property

6. Inconvenience Of Husband's Power Of Attorney Holder Not A Ground To Deny Transfer Sought For By Wife: Kerala High Court

Case Title: Mini Antony v. Savio Aruja

Citation: 2022 LiveLaw (Ker) 227

The Kerala High Court has established that the inconvenience of the power of attorney holder of the husband in a case before the Family Court (whether male or female) is not a reason to deny the transfer sought for by the wife. Justice A. Badharudeen found that by appointing a power of attorney, a principal appoints an agent to conduct his case and such an agent can be anybody capable of travelling and contesting the case of the respondent for and on behalf of the respondent.

7. 'Consent Can Be Reasonably Deciphered': Kerala High Court Grants Bail To Doctor In Rape Case

Case Title: Dr. Sree Hari N. v. State of Kerala

Citation: 2022 LiveLaw (Ker) 228

The Kerala High Court granted bail to a doctor who was accused of raping another doctor finding that the prima facie evidence shows that it was a consensual relationship. Justice C. Jayachandran held that the question of whether such consent was vitiated by the alleged false promise to marry should be considered by the trial court.

8. No Valid Sale Under Law If Notice Of Sale On Which Parties Acted Upon Has Been Set Aside: Kerala High Court

Case Title: Ratnamani George & Ors. v. Authorised Officer

Citation: 2022 LiveLaw (Ker) 229

The Kerala High Court observed that when the notice of sale based on which the parties bid for property has been set aside, it can be presumed that there is no valid sale under the law. Justice Bechu Kurian Thomas thereby dismissed the plea which had sought a direction to the respondent to confirm the sale of the property auctioned by the petitioners after accepting the balance bid amount.

9. 'No Legitimate Expectation': Kerala High Court Dismisses Private Bus Operators' Plea For Extension Of Tax Exemption Granted During Covid-19

Case Title: Vakiyath Koya & Ors. v State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 230

The Kerala High Court dismissed a batch of petitions moved by private bus operators seeking an extension of the tax exemption granted to them owing to the Covid-19 pandemic in 2020-2021. "Since exemption from payment of tax was granted for reasonable periods, it cannot be said that despite the restrictions and regulations brought in due to Covid-19 pandemic, the Government had not considered the plight of the stage carriage operators and contract carriage operators."

10. Flooded Roads & Blocked Canals: Kerala High Court Calls For Strict Action Against Discarding Garbage In Drains

Case Title: Treasa K.J & Anr. v State of Kerala & Ors.

Citation: 2022 LiveLaw (Ker) 231

The Kerala High Court directed the Secretary of the Cochin Corporation to initiate strict action against those dumping garbage into canals and drains, aggravating the flooding of roads and causing blockage of drains in the State. Justice Devan Ramachandran began the interim order with an observation that as much as the Court did not desire to control the management of the drains or the flood mitigating systems in the city regularly, it was forced to do so because of the large scale inundation witnessed due to the rains.

11. Kerala High Court Quashes BPCL's Order Barring Employees From Enrolling In Post-Retirement Medical Scheme

Case Title: Saju A.R. & Ors. v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 232

The Kerala High Court has recently directed Bharat Petroleum Corporation Limited (BPCL) to continue to provide the Post Retirement Medical Benefit Scheme (PRMBS) to employees with less than 15 years of service in accordance with the long-term settlement. Justice Sunil Thomas thereby quashed a notification issued by the BPCL in the form of an administrative order to the extent it deprives the benefit of the medical scheme to those who have not completed 15 years.

12. Ensure Upcoming PFI March Ignites No Law & Order Problems In Alappuzha: Kerala High Court Directs District Police Chief

Case Title: R.Ramaraja Varma v. State of Kerala

Citation: 2022 LiveLaw (Ker) 233

The Kerala High Court directed the District Police Chief of Alappuzha to ensure that no law and order problems surface at the 'Jana Maha Sammelanam' proposed to be conducted by the Popular Front of India (PFI) this Saturday in the district. Justice P.V. Kunhikrishnan admitted the plea and also directed the 5th respondent Police Chief to consider the representation moved the petitioner alleging that unless the programmes scheduled by the PFI and Bajrangdal are prevented, there is every chance for communal clashes in the district.

Also Read: Situation In Alappuzha District Still "Volatile": Plea To Prohibit Upcoming PFI, Bajrangdal Marches, Kerala High Court Seeks State's Response

13. Issuance Of Summons Is A Prerequisite For Issuance Of Warrant & Notice To Sureties: Kerala High Court

Case Title: Eraj v. State of Kerala

Citation: 2022 LiveLaw (Ker) 234

The Kerala High Court observed that the issuance of summons is a prerequisite for the issuance of a warrant and notice to sureties. Justice Mary Joseph observed that the NDPS Court was unjustified in issuing warrant to the petitioner and notices to the sureties without issuing summons to them first.

14. Can't Interfere One Day Before Exam: Kerala High Court Dismisses Plea Moved By NEET Candidates Allotted Centres Outside State On Short Notice

Case Title: Aswin Das & Ors. v. Union of India & Ors.

Citation: 2022 LiveLaw (Ker) 235

The Kerala High Court dismissed a plea preferred by a group of NEET-PG candidates challenging their allotment of examination centres at Hyderabad and Andhra Pradesh on short notice. While finding that it would be improper to hamper with the exam or the exam centres a day before the exam, Justice P.V. Kunhikrishnan also acknowledged the inconvenience caused to the candidates owing to the same.

Other Significant Developments

15. Kerala High Court Now Has 7 Women Judges, Highest Ever In Its History

With Justice Shoba Annamma Eapen assuming office, the Kerala High Court now has 7 women judges for the first time in its history. The High Court has now the following women judges: Justices Anu Sivaraman, Sophy Thomas, V Shircy, Shoba Annamma Eapen, MR Anitha, Mary Joseph and CS Sudha. Justice Shoba Annamma Eapen who has been sworn in as the Additional Judge of Kerala High Court today was welcomed by the legal fraternity in a brief ceremony held at Chief Justice's Court. With Justice Eapen on board, the Kerala High Court has hit an all-time with 7 women judges for the first time in its history. The High Court has now 38 judges.

Also Read: With Justice Shoba Annamma Eapen Sworn In, Kerala High Court Hits All-Time High of 7 Women Judges

16. Kerala High Court Issues Notice In PIL Challenging 50% Reservation For Muslims In State-Run Coaching Centre ICSR

Case Title: Arun Roy v. State of Kerala & Ors.

The Kerala High Court  issued notice on a Public Interest Litigation (PIL) challenging the 50% reservation for Muslims in the State-run Institute of Career Studies & Research (ICSR) in the Malappuram district. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly issued notice on the plea moved by an advocate practising in the High Court.

17. S Sreejith Transferred, No Longer In Charge Of Investigation In Actor Assault Case: State Informs Kerala High Court

Case Title: Kerala State Board of International Human Rights Council v. State of Kerala

The Kerala High Court was informed by the State that S Sreejith IPS is not in charge of the investigation of the 2017 actor sexual assault case and that following his transfer, a new investigation team was appointed. Sheikh Darwesh Sahib, the head of the new crime branch, is now in charge of the team, it was submitted. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly thereby directed the State Government to submit a report containing the transfer order and information on the new investigation team within seven days.

18. Advocates' Welfare Fund Scam: 8 Accused Seek Pre-Arrest Bail, Kerala High Court Denies Interim Relief