Kerala High Court Weekly Round-Up: November 20 – November 26, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 666-684] Saheer v. State of Kerala & Connected matter 2023 LiveLaw (Ker) 666P.S. Rajeev v. The Sree Narayana Trusts 2023 LiveLaw (Ker) 667Ramachandran P v State of Kerala 2023 LiveLaw (Ker) 668Malarkodi P v. Union of India 2023 LiveLaw (Ker) 669Santhosh Kumar P M v John M T 2023 LiveLaw (Ker) 670Joy v Mary 2023 LiveLaw (Ker) 671Prathibha v State of Kerala 2023 LiveLaw (Ker) 672Manoj Kumar & Ors. v. State of Kerala 2023 LiveLaw (Ker) 673M/S Global Plasto Wares v. Assistant State Tax Officer & Ors. 2023 LiveLaw (Ker) 674Rajappan Assari v. State of Kerala 2023 LiveLaw (Ker) 675Sunil D. Emmatty & Anr v. Union of India & Ors. and other connected matters 2023 LiveLaw (Ker) 676P.B. Prasobh & Ors. v. K.A. Muhammed Faisal & Anr. 2023 LiveLaw (Ker) 677Latha v. T V Sahadevan 2023 LiveLaw (Ker) 678Antony Joseph v. State of Kerala 2023 LiveLaw (Ker) 679Rijas M T v. Hafseena M 2023 LiveLaw (Ker) 680P.V. Nidhish v. Sivaprakash 2023 LiveLaw (Ker) 681Shibli K v Union of India 2023 LiveLaw (Ker) 682P.H. Babu Ansari & Anr. v. Municipal Council & Ors. 2023 LiveLaw (Ker) 683M/S.Gaiagen Technologies Private Limited Versus State of Kerala 2023 LiveLaw (Ker) 684Judgments/Orders Talaq-E-Hasan And Talaq-E-Ahsan Valid: Kerala High Court Quashes Criminal Proceedings Against Muslim Husband As Talaq Not InstantaneousCase Title: Saheer v. State of Kerala & Connected matterCitation: 2023 LiveLaw (Ker) 666Interpreting the law on triple talaq, the Kerala High Court recently quashed criminal proceedings against a Muslim husband on finding that he pronounced talaq-e-hasan which was legal and valid under Muslim Personal Law. “The copies of the talaq kuries would show that several mediations took place. It is further revealed that respondent No.3 did not co-operate for a Court Centred Mediation also...The materials placed before the Court would reveal that a series of mediations to reconcile the disputes between the parties failed. There are no indications that the talaq pronounced by the petitioner was instantaneous or irrevocable. The resultant conclusion is that the talaq pronounced by the petitioner is not talaq-e-biddat prohibited under Section 4 of the Act.”Relying upon the landmark decision of the Apex Court in Shayara Bano v. Union of India (2017), Justice K. Babu observed that talaq-e-biddat or other similar forms of instant talaq were void and unconstitutional and not talaq-e-hasan or talaq-e-ahsan. Court's Power To Issue Directions For A Trust Not Independent Of Scheme Framed In Its Respect Under Section 92 CPC: Kerala High CourtCase Title: P.S. Rajeev v. The Sree Narayana Trusts, Special Jurisdiction Case No.6 of 2023Citation: 2023 LiveLaw (Ker) 667The Kerala High Court recently reiterated that finality of a decree does not preclude a court settling scheme under Section 92 CPC from modifying it and that the court's power to amend the scheme or to issue directions for effective functioning of a Trust is derived from the scheme itself. The Division Bench comprising Justices P.B. Suresh Kumar and Johnson John was considering the scope of its jurisdiction to adjudicate disputes relating to the affairs of the Trust. In course, it analyzed a scheme framed w.r.t. the Trust under Section 92 CPC, which was amended by the court from time to time.Organ Donation | Merely Because Donor Hails From Disadvantaged Social Background, Can't Presume There's Exploitation: Kerala High CourtCase title: Ramachandran P v State of Kerala Citation: 2023 LiveLaw (Ker) 668The Kerala High Court recently held that the District Level Authorization Committee (DLAC) cannot deny authorization for organ donation based on an assumption that the donor was exploited as she was from a disadvantaged community. Justice Devan Ramachandran observed that DLAC cannot assume or presume based on the social status of the donor that the organ was not offered out of affection and altruism.“I am guided to the impression that ‘DLAC’ appears to have taken the afore view being swayed by the social status of the donor, who appear to be from a disadvantaged one; and thus somehow has presumed that she appears to be subjected to exploitation by the 1st petitioner. However, the impugned Ext.P12 report cannot add any force to this presumption or assumption - as the case may be; and am, therefore, of the firm view that ‘DLAC’ must reconsider the matter, based on the statements that have already been recorded, but adverting specifically to the “Certificate of Altruism”, which the petitioners are stated to have produced before them, from the competent Police Authority.”Accidental Fall Of Passenger While Trying To Alight From Wrong Train Amounts To 'Untoward Incident': Kerala High Court Orders CompensationCase Title: Malarkodi P v. Union of IndiaCitation: 2023 LiveLaw (Ker) 669The Kerala High Court has held a passenger’s accidental fall from moving train, while trying to alight on realizing that it was the wrong train, to be an ‘untoward incident’ ...

Kerala High Court Weekly Round-Up: November 20 – November 26, 2023

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