Important Judgments Of Kerala High Court In 2022

LiveLaw reported 671 judgements from Kerala High Court in 2022. Here are some of the important decisions:Kerala High Court Upholds 10% EWS Reservation For Veterinary & Dental Courses Under KEAMCase Title: Vinay Shankar v. Union of India & Ors.Citation: 2022 LiveLaw (Ker) 1The Court upheld the 10% reservation earmarked for Economically Weaker Section (EWS) for Veterinary and Dental Courses under Kerala Engineering Architecture ad Medical (KEAM).Justice P.V. Kunhikrishnan closed the writ petition upon noticing that a Government Order dated 20.03.2020 had established the said reservation, and after the Government Pleader endorsed that it was a policy decision of the State. The Director of Medical Education also submitted an affidavit stating that as per the said Government Order, 10% of seats are set apart for candidates belonging to EWS.District Court Can Only Appoint Guardian For Minor's 'Property', Not 'Person'Case Title: K.S. Narayana Elayathu v. SandhyaCitation: 2022 LiveLaw (Ker) 3The Court ruled that while District Courts are empowered to appoint a guardian for a minor's property, only Family Court can appoint a guardian for the person of a minor. While partly allowing an appeal, a Division Bench comprising Justice A. Mohamed Mustaque and Justice Sophy Thomas set aside the proceedings of the District Court to the extent of appointing a guardian for the person of the minor.Non-Compliance With Principles Of Natural Justice A Valid Ground For Setting Aside Arbitral Award, May Be Urged At Any Stage: Kerala High CourtCase Title: V. G. Thankamani & Ors & National Highway Authority of India & OrsCitation: 2022 LiveLaw (Ker) 8The Court has ruled that non-compliance with principles of natural justice is a good ground to set aside an arbitral award. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S. Sudha, while allowing an appeal, set aside the order of the Additional District Court and the impugned award. The Court also added that only an adjudicator not favouring one party more than another, unprejudiced, disinterested, equitable and just, can be said to be an impartial adjudicator.Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High CourtCase Title: Thomas P. & Anr v. State of Kerala & OrsCitation: 2022 LiveLaw (Ker) 15The Court recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption. After perusing the provisions of the Juvenile Justice Act 2015, the 2014 Rules framed thereunder and the Adoption Regulations 2017, Justice M.R. Anitha observed: "In the said circumstance, the finding of the learned District Judge that the court is not a proper forum and they have to approach the Child Welfare Committee is illegal and perverse."Persons With Disability Form A Homogenous Class By Themselves, Not Similar To SC/ST Community: Kerala High CourtCase Title: Sumith V. Kumar & Anr v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 18The Court ruled that the State government was authorised to recognise classes of persons with distinct attributes and treat them differently under law while upholding that the different quantum of reservation for Scheduled Castes/Scheduled Tribes (SC/ST) and persons with disability in the NEET-2021 do not violate their right to equality. While dismissing a petition, Justice N. Nagaresh observed that persons with disabilities constituted a separate homogenous class by themselves and that their disability was physical rather than pertaining to social backwardness.Kerala High Court Strikes Down Rules 9(4A) and 9(4C) Of Municipality Rules On Property Tax FixationCase Title: K.P. Muhammed Ashraf v. Taliparamba Municipality & Ors.Citation: 2022 LiveLaw (Ker) 20The Court has set aside Rules 9(4A) and 9(4C) of the Kerala Municipality (Property Tax, Service Tax and Surcharge) Rules which prescribe fixation of property tax at a minimum of 25% over and above the tax levied for the previous year if the property tax arrived at on computation as per the Rules is less than the tax levied for the previous year. Justice N. Nagaresh pointed out that Section 233 of the Kerala Municipality Act, 1994 does not permit the fixation of a property tax over and above the upper limit fixed by the Government.Consent Of Accused Not Necessary To Obtain Voice Sample; No Violation Of Article 20(3) Of Constitution: Kerala High CourtCase Title: Mahesh Lal N.Y v. State of KeralaCitation: 2022 LiveLaw (Ker) 29The Court has ruled that the consent of an accused is not necessary to acquire their voice sample for the purpose of comparison since it has already been established that obtaining voice samples of the accused do not infringe Article 20 (3) of the Constitution of India. While dismissing a petition alleging that the accused was not given an opportunity of being heard before being directed to produce his voice sample, Justice R. Narayana Pisharadi held that the accused has no right of ...

Important Judgments Of Kerala High Court In 2022

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