Kerala High Court Weekly Round-Up: September 5 - September 11, 2022

Nominal Index [Citation 2022 LiveLaw(Ker) 473-479]Abdul Majeed & Anr v. P.V. Prajosh & Ors. 2022 LiveLaw (Ker) 473 Sreejith T. v. The Manager, A.M. Upper Primary School & Ors, and Asha P. Vasudevan v. State of Kerala & Ors. 2022 LiveLaw (Ker) 474Abdul Sathar & Ors. v. Union of India & Ors 2022 LiveLaw (Ker) 475 Shinas A. Firdaus v. Union of India & Ors and D. Pradeep Kumar v. Union of Indian & Ors. 2022 LiveLaw (Ker) 476Arun v. State of Kerala & Anr. 2022 LiveLaw(Ker) 477Baby Letha K. v. State of Kerala & Anr. 2022 LiveLaw (Ker) 478Brinda & Ors v. Muktha K.N. 2022 LiveLaw (Ker) 479Judgments/ Orders This WeekEvidence To Be Liberally Construed In Benevolent Legislations: Kerala High CourtCase Title: Abdul Majeed & Anr v. P.V. Prajosh & Ors.Citation: 2022 LiveLaw (Ker) 473The Kerala High Court recently held that in the case of benevolent legislations, such as the Motor Vehicles Act, evidence must be evaluated in a liberal manner, without insisting on an extreme form of 'preponderance of probabilities and possibilities'."It is the trite law that 'preponderance of probabilities and possibilities' is the rule of evidence to be applied while querying proof of allegations involved in civil cases. When coming to benevolent legislations, the rule of evidence is nothing but 'preponderance of probabilities and possibilities' and in such cases, the evidence shall be evaluated in a liberal manner without insisting for the extreme form of 'preponderance of probabilities and possibilities'", the Court observed.In this light, Justice A. Badharudeen observed that when a person who had been working as a cleaner in a lorry died, it wouldn't always be possible to adduce documentary evidence to prove his job as a cleaner, and in such circumstances, the available evidence ought to be liberally construed.Kerala Education Rules | Teachers Working On Leave Vacancy Do Not Have Preferential Right Of Appointment To Permanent Vacancy: High CourtCase Title: Sreejith T. v. The Manager, A.M. Upper Primary School & Ors, and Asha P. Vasudevan v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 474 The Kerala High Court on Friday held that regularization of appointments made in leave vacancies, in preference to their juniors, could be only be availed by teachers who had been 'relieved' as per Rule 49 or Rule 52 or on account of termination of vacancies and later accommodated in leave vacancies, in terms of Rule 52 of the Kerala Education Rules.The Division Bench comprised of Justice P.B. Suresh Kumar and Justice C.S. Sudha while observing so, further went on to hold that when a person, who had been appointed on there having arisen a leave vacancy, and thereafter was permitted to continue without break during the extended period of leave, there would not have arisen any occasion for such a person to be 'relieved'. In such a scenario, he/she could not be said to be a 'claimant' in terms of Rule 51A of Chapter XIVA of the Rules, and thus would not have any preferential right of appointment, either.Owners & Manufacturers Liable For Illegal Modification Of Vehicles; Not Shopkeepers: Kerala High Court Opines Prima FacieCase Title: Abdul Sathar & Ors. v. Union of India & OrsCitation: 2022 LiveLaw (Ker) 475The Kerala High Court recently held that as per the provisions of the Motor Vehicles Act and the Central Motor Vehicle Rules, the liability for alteration of vehicles is on the owner or manufacturer of the vehicle and not on the shopkeeper.Justice Amit Rawal, while holding so, observed that in the instant case, the notices issued by the Road Transport Office, Alappuzha, to the petitioner-shopkeepers were without jurisdiction, and hence, the Court could exercise its writ jurisdiction over the same.Public Sector Banks Can Seek Look Out Circulars Against Defaulters Only If Detrimental To Economic Interest Of India: Kerala High CourtCase Title: Shinas A. Firdaus v. Union of India & Ors and D. Pradeep Kumar v. Union of Indian & Ors.Citation: 2022 LiveLaw (Ker) 476The Kerala High Court recently held that the public sector banks can request for opening of Look Out Certificates (LOC) against defaulting account holders, only if the departure of the defaulter would be detrimental to the economic interest of India or it would not be in the larger public interest.Justice V.G. Arun, while holding so, went on to observe that the Office Memorandums (OMs) do not empower the banks to originate Look Out Circulars, infringing the petitioner's liberty, as long as their movement to the foreign country is not detrimental to the economic interest of India or is against the larger public interest.Bail Can't Be Denied By Ignoring Basic Tenets Of Criminal Jurisprudence Merely Because Accused Was Earlier Released On Bail By Incompetent Court: Kerala HCCase Title: Arun v. State of Kerala & Anr.Citation: 2022 LiveLaw(Ker) 477The Kerala High Court on Wednesday granted bail to a man accused of smothering and electrocuting his wife to death with an observation that merely...

Kerala High Court Weekly Round-Up: September 5 - September 11, 2022

Athira Prasad

Tags