Kerala High Court Weekly Round-Up: October 31 To November 6, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 555-570]Annamma Raju @ Bincy & Ors v. Shalet Jose & Ors. 2022 LiveLaw (Ker) 555Asha Bawri v. State of Kerala & Anr. 2022 LiveLaw (Ker) 556XXXXX v. State of Kerala & Anr. 2022 LiveLaw (Ker) 557Aleyamma Kuruvila v. Mahatma Gandhi University 2022 LiveLaw (Ker) 558XXXX v. XXXXX 2022 LiveLaw (Ker) 559Das @ Anu v. State of Kerala 2022 LiveLaw (Ker) 560Kallar Harikumar v. Amritha Enterprises Pvt Ltd & Anr. 2022 LiveLaw(Ker) 561Mathew P. Thomas v. State of Kerala & Ors. 2022 LiveLaw (Ker) 562S. Krishnakumar v. State of Kerala & Ors. 2022 LiveLaw (Ker) 563Rousha P Ali v. Union Of India 2022 LiveLaw (Ker) 564Mangalam Publications (India) Pvt. Ltd. v. Employees Provident Fund & Ors. 2022 LiveLaw (Ker) 565Muhammed Yasin v. Station House Officer & Anr. 2022 LiveLaw (Ker) 566XXX v. State of Kerala & Anr. 2022 LiveLaw (Ker) 567V.K. Bhasi v. State of Kerala & Anr. 2022 LiveLaw (Ker) 568Mount Zion College of Engineering v. State of Kerala & Ors. 2022 LiveLaw (Ker) 569Devanandan M.C. & Ors. v. The Board of Control for Cricket in India & Ors 2022 LiveLaw (Ker) 570Orders/Judgments This WeekS.157 MV Act | Transfer Of Vehicle Results In Deemed Transfer Of Its Insurance Policy Including All Obligations: Kerala High CourtCase Title: Annamma Raju @ Bincy & Ors v. Shalet Jose & Ors. Citation: 2022 LiveLaw (Ker) 555The Kerala High Court on Thursday held that when transfer of a vehicle has been effected following the procedure in Motor Vehicles Act, 1988, the insurance policy taken out in respect of the vehicle is also deemed to have been transferred in favour of the transferee without any further process. Justice Ziyad Rahman A.A., in this light further found that, "Though sub-section (2) of Section 157 provides for intimation of such transfer, since the statute is silent as to the consequence of failure in doing so, it can only be treated as directory in nature and not mandatory".Requirement To Intimate Transfer Of Vehicle To Insurance Company U/S 157(2) MV Act Only Directory: Kerala High CourtCase Title: Annamma Raju @ Bincy & Ors v. Shalet Jose & Ors. Citation: 2022 LiveLaw (Ker) 555The Kerala High Court on Thursday held that the stipulation under Section 157(2) of the Motor Vehicles Act, 1988 to intimate about the transfer of a vehicle to the Insurance Company within a period of 14 days of such transfer is only directory in nature, and not mandatory. Justice Ziyad Rahman A. A. arrived at this finding on the reasoning that no consequences for non-compliance of the provision has been stipulated in the Act. "Though sub-section (2) of Section 157 provides for intimation of such transfer, since the statute is silent as to the consequence of failure in doing so, it can only be treated as directory in nature and not mandatory", the Court said.Penal Provisions U/S 138 NI Act Attack Person Who Issued Cheque, Shifting Of Liability No Ground To Quash Complaint: Kerala High CourtCase Title: Asha Bawri v. State of Kerala & Anr. Citation: 2022 LiveLaw (Ker) 556The Kerala High Court has held that mere shifting of liability after a cheque has been issued would have no significance since penal provisions under the Negotiable Instruments Act would attack the person who issued the cheque, particularly when a prima facie case has already been made out. In this case, the drawer of the cheque sought to quash the criminal case against him which was instituted after the instrument was dishonoured, on the ground that all previous liability would be undertaken by one Montu Saikia as per a registered agreement.Justice A. Badharudeen held that a mere shifting of liability could not lead to the case being quashed under Section 482 of CrPC.S.3(2)(v) SC/ST Act Not Attracted In Absence Of Averment About Accused' Caste & His Awareness About Victim's Caste: Kerala High CourtCase Title: XXXXX v. State of Kerala & Anr. Citation: 2022 LiveLaw (Ker) 557The Kerala High Court has held that in order to attract an offence punishable under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the accused must not be a member of the SC/ST community and must be shown to have committed the offence with the knowledge about victim's caste/ community. In the absence of an averment to that effect, the offence under Section 3(2)(v) would not be attracted.Justice Kauser Edappagath observed, "Merely because a person who does not belong to a member of a Scheduled Caste/Scheduled Tribe commits any offence under the Indian Penal Code punishable with imprisonment for a term of 10 years or more against a person belonging to a Scheduled Caste/Scheduled Tribe, the offence u/s 3(2)(v) would not get attracted...The word found in the provision being "knowingly", an allegation about the assailant's knowledge or awareness that the victim is a member of Scheduled Caste/Scheduled Tribe at the time of the commission of the atrocity described under the provision must be there. Without the element of...

Kerala High Court Weekly Round-Up: October 31 To November 6, 2022

Navya Benny

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