2021
  • 07-12-2021 Rajeesh v. State of Kerala
    Penal Code, 1860 - Ss. 100 & 302 - Murder - Right of Private Defence - Mitigating & Aggravating Circumstances - When the right of private defence of the body extends to causing death - the right should not extend to inflicting more harm than it is necessary to inflict for the purpose of defence.
  • 01-12-2021 Robin Mathew v. State of Kerala
    Criminal Law - Neither the accused nor the victim can be permitted to subvert a criminal trial by stating falsehood and resort to contrivances to make the trial a mockery. (2021) 12 KCC 434
  • 19-11-2021 Louis v. State of Kerala
    Evidence Act,1872 - Section 45 - Code of Criminal Procedure,1973 - Section 293 - Narco Analysis Test - Whether the accused has got any right to seek himself to be subjected to Narco Analysis Test ? (2021) 11 KCC 431
  • 18-11-2021 Kuniyil Abdulla v. Sadhik @ Jainusadhick
    Buildings (Lease and Rent Control) Act, 1965 (Kerala) - Acceptance of rent by the landlord after the forfeiture of a lease on account of the failure by the tenant to accomplish his statutory obligation under Section 11(2)(c) of the Act would not amount to waiver, either express or implied. (2021) 11 KCC 412
  • 17-11-2021 M.H. Vijayan v. State of Kerala
    Environmental Law - In times of disasters, the Disaster Management Act, 2005 will and should override the provisions of other laws, because the Act, 2005 is intended to protect the very life of the citizens, without which the words right, liberty or freedom and even the word Constitution will have no meaning. (2021) 11 KCC 408
  • 16-11-2021 Bar Association, Idukki v. State of Kerala
    Judiciary - The trial courts are the backbone of the Indian Judiciary. They are the decision makers in a lis. The appellate courts are only judging their decisions. If there is no proper infrastructure and proper atmosphere for the decision makers in the trial courts, that will be a threat to the justice delivery system itself. (2021) 11 KCC 404
  • 15-11-2021 S. Vijayan v. Central Bureau of Investigation
    Prevention of Corruption Act 1988 - Investigation cannot be ordered on the basis of a complaint which is not supported by genuine materials. The Court must be satisfied that an offence is 'disclosed' by the materials produced by the complainant. (2021) 11 KCC 401
  • 15-11-2021 Kunhitharuvai Memorial Charitable Trust v. State of Kerala
    Government Policy - It is trite that the State, which is represented by the different departments, can only speak with one voice and they cannot be heard to speak in two. The Government has only one policy. The departments have to implement the government policy and not their own policy. (2021) 11 KCC 395
  • 15-11-2021 Lizy George v. District Collector
    Registration of Births and Deaths Act, 1969 - Section 13 - Registration of Births and Deaths Rules, 1999 (Kerala) - Rule 9 - Delayed Registration of Births and Deaths - Authority for delayed registration and fee payable therefor - The purpose of providing for delayed registration is itself for ensuring that all births are registered, at least belatedly. (2021) 11 KCC 390
  • 12-11-2021 Lakshmi K.T. v. State of Kerala
    Service Law - Compassionate Appointment - the appointment on compassionate grounds to a dependent of a deceased employee, being an exception to the general rule, the same could be made only in strict compliance with the provisions of the scheme. (2021) 11 KCC 417 : 2021 (6) KHC 448
  • 11-11-2021 Mohammed Kaleel v. P. Radhakrishnan
    Production of Documents - Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice. (2021) 11 KCC 367
  • 10-11-2021 Salim Kumar B.S. v. State of Kerala
    Police Act, 2011 (Kerala) - Section 118 (a) - Influence of Alcohol - Consuming liquor in a private place without causing nuisance or annoyance to anybody will not attract any offence. Mere smell of alcohol also cannot be construed to mean that the person was intoxicated or was under the influence of any liquor. (2021) 11 KCC 422 : 2021 (6) KHC 380
  • 09-11-2021 V.G. Thankamani v. National Highway Authority of India
    National Highways Act 1956 - Arbitration and Conciliation Act, 1996 - Section 26 (1) (a) & (b) - Whether the parties should be required to give to the expert information and documents relevant for drawing up the report, while report is called for by the Arbitrator under Section 26(1)(a) of the Act ? (2021) 11 KCC 361 : 2021 (6) KHC 335
  • 09-11-2021 Malayil Samad v. Bharati Airtel Ltd.
    Call Details - the licence issued to service provider will not permit them to furnish call details - In such circumstances, High Court can't issue any direction to service provider to furnish the call details. (2021) 11 KCC 426 : 2021 (6) KHC 344
  • 08-11-2021 V.M. Ashraf v. State of Kerala
    Prevention of Corruption Act, 1988 – Can a possession certificate issued by the Village Officer be considered as a ‘valuable thing’ within the purview of Section 13(1)(d) of the Act ? (2021) 11 KCC 386
  • 08-11-2021 Chandrasekhar Digal v. State of Kerala
    Penal Code, 1860 - Ss. 302 & 201 - The plight of migrant workers is such, that any crime against one, is invariably saddled on another and the investigation proceeds in a preconceived manner assuming that the Courts would only convict.
  • 08-11-2021 Bajaj Allianz General Insrance Co. Ltd. v. Bheema
    Motor Vehicles Act, 1988 - Section 147 - If the claimant had not been travelling in the vehicle as owner of the goods, he shall not be covered by the policy of insurance. In a three wheeler goods carriage, the driver could not have allowed anybody else to share his seat. No other person whether a passenger or as a owner of the vehicle is supposed to share the seat of the driver and any such action is violation of the policy conditions.
  • 05-11-2021 Sreejith Unni v. State of Kerala
    Bail - Cancellation of - When there are materials to establish that accused threatens the witnesses or indulges in similar activities which would hamper smooth investigation, the bail granted to him can be cancelled.
  • 02-11-2021 People for Animals v. State of Kerala
    Prevention of Cruelty to Animals Act, 1960 - Clauses in any bye-law or agreement, that have the effect of absolutely prohibiting a person from keeping a pet of his/her choice in a residential unit occupied by that person, should be treated as void and unenforceable in law. (2021) 11 KCC 378 : 2021 (6) KLT 267 : 2021 (6) KHC 221
  • 22-10-2021 Vimalkumar v. Sajeevan
    Motor Accident Claims - Monthly Income - Professionals - the fixation of monthly income was done based on the evidence adduced in those cases and also taking into the peculiar economic situations existed therein.
  • 21-10-2021 Ganga Devi G. @ Ganga v. Dr. Lathakumari K.
    Evidence Act, 1872 - The permission or consent granted to mark the document shall not be misconstrued as an admission to the content of the document. (2021) 10 KCC 381 : 2021 (6) KHC 151
  • 21-10-2021 J. Rajesh Kumar v. Central Bureau of Investigation
    Criminal Law - Whether exoneration of a public servant in the departmental proceeding would ipso facto constitute sufficient ground for exonerating him of the charges based on same facts in the criminal proceeding ?
  • 21-10-2021 Leen Mariyan @ Sasi v. State of Kerala
     
  • 20-10-2021 Sree Gokulam Chit and Finance Co. Pvt. Ltd. v. Emil and Eric Hospitality Services
    Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Whether the Borrowers have a right to bring in a new auction purchaser after the sale took place and that too for an amount far below the actual dues from the Borrowers, but marginally above the bid offered by the Petitioner ?
  • 20-10-2021 Kalloor Electronics and Lightings Pvt. Ltd. v. State of Kerala
    Small and Medium Enterprises Development Act, 2006 - Principles of Promissory Estoppel and Legitimate Expectation - Explained.
  • 13-10-2021 Safir v. Sajid
    Stamp Act, 1959 (Kerala) - Section 2 (a) - "bond" - For an instrument to partake the character of a bond an obligation must have been created in the instrument itself - A specific acknowledgment in the agreement of an amount that is outstanding to be paid as on the date of execution of the document, the same can only be construed as an agreement and it does not partake the character of a bond as defined in Section 2(a) of the Act.
  • 11-10-2021 Federal Bank Ltd. v. Peeyar Exporters
    Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 34 and 35 - Consumer Protection Act, 2019 - Whether the Consumer Disputes Redressal Commission could issue an interim order prohibiting coercive actions under the SARFAESI Act ?
  • 11-10-2021 P.M. Salim v. Vasudevan Namboothiri
    Code of Civil Procedure, 1908 - Amendment of Pleadings - When trial commences for the purpose of proviso to Order 6 Rule 17 of CPC ? Whether a categorical and wilful admission made in the pleadings can be strike down by filing an amendment application ?
  • 11-10-2021 Unnikrishnan v. State of Kerala
    Protection of Children from Sexual Offences Act 2012 – The consequence of not proving the age of the victim is that the accused cannot be found guilty of any offence under the Act.
  • 06-10-2021 N.J. Sebastian v. Revenue Divisional Officer
    Building Tax Act, 1975 (Kerala) - Though the statutory remedy of revision against the assessment of building tax stood foreclosed by the period prescribed thereunder, it will be open to the petitioner to challenge the determination of plinth area even at a subsequent stage when faced with a demand of luxury tax based on the plinth area of the building in question.
  • 01-10-2021 State of Kerala v. Bindhu
    Clerical Error - Whether the correction made by the Additional Tahsildar consequent to the clerical mistake occurred in conversion from cubic metres to metric tonnes a review under law ? (2021) 11 KCC 372 : 2021 (6) KHC 218
  • 29-09-2021 Reeja P. v. District Level Authorization Committee
    Transplantation of Human Organs Act, 1994 – Simply because a donor is coming from a poor family, there is no hindrance for donating the organs. 2021 (5) KCC 284 : 2021 (5) KHC 579
  • 28-09-2021 P and N Ceramics v. Issac Sebastian
    Consumer Protection Act, 2019 - Application for issuance of a commission for local inspection - Held, the District Consumer Disputes Redressal Commission constituted under the Act is empowered to issue commissions for local inspection. 2021 (5) KCC 290 : 2021 (5) KHC 572
  • 24-09-2021 Sajani v. Kalam Pasha
    Talaq - Law governing talaq and maintenance - Different modes of talak - Pre-requisites for the pronouncement of a valid talaq - Explained. 2021 (9) KCC 309 : 2021 (5) KHC 582
  • 24-09-2021 Gopalakrishnan v. Ponnappan
    Remand - Under what circumstance, a remand of case can be ordered by the first appellate court, is it permissible to order remand in a routine manner simply on finding failure on the part of trial court to address any issue and what is the jurisdiction vested with the first appellate court in ordering remand of a case ? 2021 (9) KCC 305 : 2021 (5) KHC 548
  • 24-09-2021 Radhakrishnan v. State of Kerala
    Code of Criminal Procedure, 1973 - Sections 87 and 204(1) (b) - Merely for the reason that they were absconding during the period of investigation, after filing the final report unless reasons are recorded, warrant of arrest cannot be issued. (2021) 9 KCC 316 : 2021 (5) KHC 623
  • 23-09-2021 Madhu v. State of Kerala
    Protection of Children from Sexual Offences Act, 2012 – No prejudice caused to the accused for reason of clubbing an offence under Section 376(2) with an offence under the POCSO Act, going by the specific provision in Section 28(2) of the POCSO Act. Ordinarily, the offence under Section 376 IPC would have to be subjected… Read More »2021
  • 17-09-2021 Halvi K.S. v. Union of India
    Epidemic Diseases Act, 2021 (Kerala, Act 4 of 2021) – the authority constituted under the district level and even micro level have a duty and obligation to see that required and adequate steps are taken to protect the welfare and interest of the public, by issuing appropriate orders/notifications/guidelines, which is a mandatory requirement under law, in order to tide over the present COVID-19 pandemic situation. 2021 (5) KCC 271
  • 16-09-2021 Selvaraj v. State of Kerala
    2021 (5) KCC 279 : 2021 (5) KHC 498
  • 16-09-2021 Director of Agriculture v. M.V. Ramachandran
    2021 (5) KHC 437
  • 01-09-2021 State v. Syed Shaikoya
    Code of Criminal Procedure, 1973 - Ss. 197 & 239 - Prevention of Corruption Act, 1988 - Ss. 7, 12 & 13(1)(d) r/w. 13(2) - Penal Code, 1860 - Ss. 468, 471, 420 & 120B - The Directorate of Education of the Union Territory of Lakshadweep had directed to supply, free of cost, ready-made uniforms to the school children for the academic year 2005-06 - Allegation against accused 4 and 8 is that they blindly accepted the certificate issued by Accused No.9 without conducting inspection of the uniform materials and consequently, sub-standard materials happened to be purchased - The prosecution has no case that accused 4 and 8 were experts in the field to assess the quality of dress materials - When accused 4 and 8 agreed with the report given by the expert member, it cannot be found that their act had no reasonable connection with their official duties. Therefore, it was necessary to obtain sanction under Section 197 of the Code for prosecution against them. Cognizance of the offences taken against them, without such sanction, was bad in law. 2021 (5) KCC 9
  • 01-09-2021 M. Sulfiker v. State of Kerala
    Prevention of Corruption Act, 1988 - Framing of Charge - In order to frame charge against the accused, a strong suspicion is sufficient. A microscopic examination of the materials produced by the prosecution is not warranted at that stage. The evaluation of the materials produced by the prosecution shall be conducted by the court only for the limited purpose of finding out whether any prima facie case is made out against the accused. 2021 (5) KCC 6
  • 01-09-2021 Pomsy Food Products v. Union of India
    Constitution of India - Article 226 - Court cannot waive the payment of interest, which is statutory. Such relief, if at all it can be granted, will be a relief in equity - Equity cannot operate against statutory law. 2021 (5) KCC 5
  • 01-09-2021 Thankappan Achary v. State of Kerala
    Dying Declaration - Principle behind the admissibility of the dying declaration - “Nemo moriturus praesumitur mentire” - “A man will not meet his maker with a lie in his mouth” - The reason which lends credibility to the dying declaration is that, ‘a sense of impending death produces in a man’s mind the same feeling as that of a conscientious and virtuous man under oath’. 2021 (5) KCC 2
  • 13-08-2021 M.K. Salim v. State of Kerala
    Environment (Protection) Act, 1986 - Sections 3(1) and 3(2)(v) - Environment (Protection) Rules, 1986 - Rule 5(3)(d) - Environmental Impact Assessment (EIA) notification - Environmental Clearance (EC) - State Environmental Impact Assessment Authority (SEIAA).
  • 13-08-2021 xxxx v. State of Kerala
    Constitution of India - the right of a single parent/unwed mother to conceive by ART having been recognized, prescriptions of forms requiring mentioning of name of father, the details of which is to be kept anonymous, is violative of the fundamental rights of privacy, liberty and dignity. 2021 (4) KCC 259 : 2021 (4) KHC 641
  • 12-08-2021 Cardinal Mar George Alencherry v. State of Kerala
    Code of Criminal Procedure, 1973 – S. 482 – Penal Code, 1860 – Ss. 120 B, 406, 409, 418, 420, 423, 465, 467, 468 & 34 – Quashing of Complaint – Allegation of alienation of properties purportedly belonging to Syro Malabar Church against the Major Archbishop – the petitioner, who has sold the property without the compliance of Section 92 and 92(3) C.P.C. cannot seek shelter under the umbrella of their constitution (byelaw) or the provisions contained in the Canon law. 2021 (4) KCC 266 : 2021 (4) KHC 647
  • 04-08-2021 Pradeep @ Kuttan v. State of Kerala
    Code of Criminal Procedure, 1973 – Section 439 – Periya Twin Murder Case – Long period of detention in jail, by itself, is not a sufficient ground to grant bail in a case in which the accusation is of committing double murder. 2021 (4) KCC 214 : 2021 (4) KHC 358
  • 02-08-2021 Snagappan v. State of Kerala
    Criminal Law - Tendency to convict on mere preponderance of probabilities and not proof beyond a reasonable doubt - High Court cautioned the trial courts. 2021 (4) KCC 243 : 2021 (4) KHC 401
  • 30-07-2021 V. Varghese v. Union of India
    National Highway Act, 1956 - the alignment of a highway cannot be altered at the whims and fancies of the individuals, and if the courts start interfering in such matters unnecessarily, no development would be possible, and it would materially affect the growth of the nation, apart from interfering with avowed objects and policies of the Government. 2021 (4) KCC 239
  • 30-07-2021 Ramani v. ICICI Bank
    Stamp Duty - If an insufficiently stamped document is to be admitted in evidence, deficient stamp duty and ten times the penalty is to be paid and the Court has no discretion in the matter of fixing the penalty. 2021 (4) KCC 217
  • 30-07-2021 Musaliar College of Engineering v. State of Kerala
    University Law - Engineering - the agreement executed by the Government and the Management is binding on the Management in regard to the Lateral Entry admissions also. 2021 (4) KCC 208
  • 30-07-2021 Rohini S.T. v. Tahsildar
    Evidence Act, 1872 - Section 108 - Burden of proving that person is alive who has not been heard of for seven years - Heirship certificate - Whether the competent authority for grant of heirship certificate sought by the petitioner is justified in insisting copy of the First Information Report lodged in connection with the missing of the father of the petitioner for granting the said certificate excluding the name of her father ? 2021 (4) KCC 162 : 2021 (4) KHC 556 : 2021 (4) KLT 743
  • 30-07-2021 Xxx v. Xxx
    Divorce - Marital Rape - Treating wife's body as something owing to husband and committing sexual act against her will is nothing but marital rape. Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognizing the same as a form of cruelty to grant divorce - Marital rape is a good ground to claim divorce. 2021 (4) KCC 159 : 2021 (4) KHC 457 : 2021 (4) KLT 694
  • 29-07-2021 P.C. Kunhinarayanan v. Vijayakumari
    Hindu Marriage Act, 1955 - S.13(1)(b) - When the husband makes an offer to resume the conjugal relationship and the wife resists the same without any reasonable cause and fails to resume cohabitation, that itself amounts to constructive desertion. 2021 (4) KCC 211
  • 29-07-2021 Citizen’s Association for Democracy , Equality, Tranquility and Secularism (Cadets) v. Union of India
    National Commission for Minorities Act, 1992 - National Commission for Minority Educational Institutions Act, 2004 - there is no power vested with the Central Government to redetermine the minority status under the provisions of either Act, 1992 or Act, 2004. 2021 (4) KCC 180
  • 29-07-2021 Vincy Dinakaran v. State of Kerala
    Nativity Certificate – Whether the Village Officer is justified in declining Nativity Certificate to a person who is brought up in the State of Kerala on the ground that the place of birth of that person and parents happened to be outside the State ? 2021 (4) KCC 156 : 2021 (4) KHC 315 : 2021 (4) KLT 752
  • 28-07-2021 Dr. Jeffrin Scaria George v. Mini Jacob
    Family Law - The amount spent by one spouse voluntarily during the subsistence of the marriage for food, clothing and personal expenditure of the other spouse cannot be legally claimed back by the former. 2021 (4) KCC 186
  • 28-07-2021 Lakshmi v. Vijayan
    Limitation Act, 1963 - Article 47 - Suit for recovery of money - the starting point for limitation should be not the date when the money was paid but when the consideration should have failed. 2021 (4) KCC 153 : 2021 (4) KHC 610
  • 28-07-2021 Indus Towers v. Kalamassery Municipality
    Municipality Building Rules, 2019 (Kerala) - Rule 86(2) permitting installation of Telecommunication Towers, pole structures or accessory rooms in any zone of Master Plan/Detailed Town Planning Scheme/Interim Development Order would prevail over the general rule contained in Rule 3(3). The G.O. dated 31.05.2007 issued much earlier to the introduction of KMBR, cannot be a reason to decline permit. 2021 (4) KCC 150 : 2021 (4) KHC 559 : 2021 (4) KLT 709
  • 27-07-2021 Thankamma v. Ponnamma
    Code of Civil Procedure, 1908 - Section 96 (3) - An appeal challenging a compromise decree duly obtained by way of mediation process was unsustainable before the first appellate court. 2021 (4) KCC 147 : 2021 (4) KHC 425 : 2021 (4) KLT 703
  • 27-07-2021 Savitha S. Kannan v. Inspector of Police
    Code of Criminal Procedure, 1973 – Section 482 – Suspension of the Order of Conviction – The question whether the conviction entered against the petitioner by the trial court is on sufficient evidence or not cannot be considered in this application for suspension of the order of conviction as it would amount to prejudging the merits of the appeal itself. Sufficiency or otherwise of the evidence adduced against the petitioner by the prosecution to substantiate the charges levelled against her cannot be decided in this application. 2021 (4) KCC 144 : 2021 (4) KHC 421
  • 27-07-2021 State of Kerala v. Maju
    Code of Criminal Procedure, 1973 - Whether the investigation officer is entitled to police custody of the accused after the expiry of the first 15 days of remand on the ground that the application for police custody though filed in time, was not allowed because of the quarantine of the accused following their getting infected with COVID-19 virus during judicial custody ? Held, no exceptions can be made even during COVID pandemic to the statutory provisions under Section 167 of the Cr.P.C. - The accused can still be subjected to interrogation in judicial custody with the permission of the court for the purpose of discovery under Section 27 of the Evidence Act, but not in police custody. 2021 (4) KCC 141 : 2021 (4) KHC 344 : 2021 (4) KLT 648
  • 26-07-2021 Mahesh @ Appi v. State of Kerala
    Juvenile Justice (Care and Protection of Children) Act, 2015 - As the application of the provisions is effective from 1.01.2016 onwards, in all matters where the date of occurrence of the crime is on or after the said date, the procedure to be followed is that contemplated under the Act, 2015. 2021 (4) KCC 138 : 2021 (4) KHC 432
  • 26-07-2021 Sivakumar v. State of Kerala
    Protection of Children From Sexual Offences Act, 2012 - S. 33 (5) - Code of Criminal Procedure, 1973 - S. 311 - Recalling a child victim to testify repeatedly about the incident has to be discouraged, either by the prosecution or by the defence. 2021 (4) KCC 135 : 2021 (4) KHC 416 : 2021 (4) KLT 685
  • 23-07-2021 T.O. Sooraj v. State of Kerala
    Criminal Law - Accused has no right to seek change of investigating officer. 2021 (4) KCC 61 : 2021 (4) KHC 276 : 2021 (3) KLJ 482
  • 23-07-2021 Balakrishna Pillai v. Union of India
    National Highway Act, 1956 - When the acquisition is for a public purpose, the citizens should co-operate with the same. Whether there is a house building erected on the proposed alignment in question or that there is a Temple or a Mosque or Grave, which will be affected by the acquisition is not a ground for dropping acquisition proceedings for a public purpose. One of the need of the Country is National Highway with sufficient width, with straight roads, so that citizens, businessmen, industrialists and people from all walks of life can use the same. In such a situation, if the Court starts to interfere in acquisition proceedings of National Highway on the basis that there is a curve or there is a Mosque or there is a Temple or there is a School, the acquisition proceedings could not be completed. Unless there are mala fides or unless there is patent illegality, the acquisition proceedings cannot be interfered with by the writ court, invoking the powers under Article 226 of the Constitution of India. For the development of the National Highway, if the religious institutions are affected, God will forgive us. 2021 (4) KCC 132 : 2021 (4) KHC 282
  • 22-07-2021 Sr. Lucy Kalappura v. State of Kerala
    Constitution of India - In matters involving civil rights, or disputes regarding title and possession over property, it would not be proper for the Court to invoke the extraordinary powers under Article 226 and order police protection - A writ of mandamus directing the police authorities to give protection to the person or property can be issued when the court is satisfied that there is a threat to the person and the authorities have failed to perform their duties. 2021 (4) KCC 232
  • 22-07-2021 Kumaran v. State of Kerala
    Penal Code, 1860 - Ss. 450, 302 & 201 - Wife of accused who deserted some days before the incident to live with the deceased, clearly indicate the grudge of the accused against the victim and thus establishes the motive for crime. 2021 (4) KCC 195
  • 22-07-2021 Chandroth Ponnambath Harifa v. Makkada Preethi
    Code of Civil procedure, 1908 - Section 10 - Some of the issues in the previous Suit if have any connection with the subsequent Suit the bar under Sec.10 will not apply. 2021 (4) KCC 177
  • 22-07-2021 Malayoram Rock Products v. Vanimel Grama Panchayat
    Panchayat Raj Act, 1994 (Kerala) - Section 233 (3) - By virtue of the amendments the Village Panchayats do not enjoy any primacy of their power to refuse the application seeking permission for construction or establishment of any factory, workshop for workplace on and from the date of enforcement of the amendments. 2021 (4) KCC 129 : 2021 (4) KHC 398
  • 22-07-2021 Sarath v. State of Kerala
    Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 - Bail - If the very search and seizure are bad and vitiated that would cut the very root of the prosecution case and therefore, such an aspect can be considered at the bail stage. 2021 (4) KCC 226
  • 20-07-2021 Omana Amma v. State of Kerala
    Abkari (Disposal of Confiscated Articles) Rules, 1996 (Kerala) - Rule 4(2)(a - Security deposite for temporary custody of the vehicle - the confiscating authority can confiscate only the value of the vehicle and the vehicle itself. The Rule will not permit the concerned authority to appropriate the interest accrued to the amount deposited. 2021 (4) KCC 126 : 2021 (4) KHC 351 : 2021 (4) KLT 634
  • 20-07-2021 Sivanandan v. State of Kerala
    Code of Criminal Procedure, 1973 - Ss. 427 & 482 - The petitioner was involved in 14 criminal cases pending before different courts. All the cases pertain to offences like theft, housebreaking, lurking house trespass by night, theft of property from inside the house, etc. He pleaded guilty and was convicted in all the cases for a period ranging between 6 months imprisonment to 5 years imprisonment and fine - the petitioner had already undergone more than 15 years imprisonment and the maximum imprisonment that was awarded to him in one case is only 5 years - In all the remaining cases, he is only been sentenced to lessor imprisonment - the petitioner had not even contested the cases and had pleaded guilty, in consequence of which he was sentenced to imprisonment. He is more than 60 years old and has been in prison for more than 18 years now. Under the circumstances, directed to release the accused forthwith recording that he has undergone the sentence in all the crimes in which he was convicted. 2021 (4) KCC 123 : 2021 (4) KHC 375
  • 20-07-2021 M.A. Joy v. Sub Registrar
    Registration Act, 1908 - Can the Sub Registrar who refused to register a document presented for registration on a mistaken interpretation of the statutory provisions, which refusal was found to be erroneous by the superior authority, later refuse registration on the ground that the document was presented out of time ? 2021 (4) KCC 120 : 2021 (4) KHC 261 : 2021 (4) KLT 467
  • 20-07-2021 Pious @ Peeyus Varkey v. Revenue Divisional Officer
    Conservation of Paddy Land and Wetland Act, 2008 (Kerala) - Section 27A(2) - Change of nature of unnotified land - 10% of the land shall be set apart for water conservancy measures only where the application is allowed and not before that. 2021 (4) KCC 117 : 2021 (4) KHC 190 : 2021 (4) KLT 465
  • 19-07-2021 Mani @ Rajendran v. State of Kerala
    Penal Code, 1860 - S. 302 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - S.3(2)(v) - When public opinion influences an investigation its very course gets diverted with exasperating results. A tribal woman was murdered and the suspect was her confidant who was from the same community. The community rose in arms against the implication of their own and the Police removed him from the array of suspects and proceeded against the two other suspects from a different community with a higher caste status. 2021 (4) KCC 198
  • 16-07-2021 Manoharan v. State of Kerala
    Code of Criminal Procedure, 1973 - Section 374(3)(a) - This appeal ought to have been filed before the Sessions Court - Is it just and reasonable to relegate the accused to the Sessions Court by returning the appeal for presenting it before that court ? - The appeal, though instituted mistakenly, has been pending on the files of the High Court for the last more than 14 years - taking into account the exceptional circumstances brought out in this case, justice demands that the appeal be decided on merits by High Court. 2021 (4) KCC 114 : 2021 (4) KHC 588
  • 16-07-2021 Abdulla M.P. v. Trippangottur Grama Panchayat
    Panchayat Raj Act, 1994 (Kerala) - Ss. 3, 3A & 233 - Powers, functions and rights of the Grama Sabha - Panchayat has taken a policy decision not to grant D&O Licence for new quarries - Held, Any decision by the Grama Sabhas cannot affect the powers and functions of the licensing authorities under the Act including the power to issue a licence under Section 233. If Grama Panchayat or Secretary decides not to consider or process or to issue D&O Licence in exercise of the powers under the Act on the basis of resolutions passed or decision taken by Grama Sabhas, it would amount to abdication of power which is impermissible in law. 2021 (4) KCC 111 : 2021 (4) KHC 550
  • 16-07-2021 Elezabeth v. Thuravoor Grama Panchayath
    Panchayat Raj Act, 1994 (Kerala) - Section 243 - Local Fund Audit Act, 1994 (Kerala) - Local Fund Audit Rules, 1996 (Kerala) - Excess payment made to the Conveners of the beneficiary committees - No recovery could be initiated after the expiry of a period of 3 years from the effective date. 2021 (4) KCC 108 : 2021 (4) KHC 365
  • 16-07-2021 Rajesh v. Deepthi
    Family Courts Act, 1984 - Can claim for damages be maintained before the Family Court ? Held, An action for marital tort by one spouse against other squarely falls within the jurisdictional competence of the Family Court. Such a claim can be made either along with the action for divorce or independently by way of a separate suit. 2021 (4) KCC 105 : 2021 (4) KHC 242 : 2021 (4) KLT 455
  • 15-07-2021 Chamber of Commerce v. Kunnamkulam Municipality
    Constitution of India - Articles 21 and 243W - Powers, authority and responsibilities of Municipalities - The citizens are entitled to enjoy a clean and healthy environment both in buildings and in open. 2021 (4) KCC 101 : 2021 (4) KHC 489
  • 14-07-2021 Kailasam Iyer v. State of Kerala
    Code of Criminal Procedure, 1973 - Section 433 - Power to commute sentence - Where an offence for which a sentence of imprisonment below the minimum provided could be passed for special reasons, the curtailment of the power of the Government to commute sentence does not apply to such a case. 2021 (4) KCC 96 : 2021 (4) KHC 566 : 2021 (4) KLT 438
  • 14-07-2021 Niranjana Prakash v. Ministry of Education
    Panchayat Raj Act, 1994 (Kerala) - School Admission - 'Rural Certificate' - As long as the area where the school is situated is part of a Panchayat and is notified as such under the Kerala Panchayat Raj Act, the candidate is entitled to a 'Rural Certificate' without relying on the Census data. 2021 (4) KCC 93 : 2021 (4) KHC 395 : 2021 (4) KLT 591
  • 14-07-2021 Valsan v. State of Kerala
    Code of Criminal Procedure, 1973 - Section 440 Cr.P.C. cannot be applied while dealing with forfeiture of bail bond under Section 446 Cr.P.C. 2021 (4) KCC 90 : 2021 (4) KHC 372 : 2021 (4) KLT 716
  • 14-07-2021 Balan v. Abhiraj
    Motor Vehicles Act, 1988 - Section 166 - Production of police charge sheet is prima facie sufficient evidence to find negligence - Deviation from police charge is possible only when evidence is adduced to disbelieve the charge sheet. 2021 (4) KCC 87 : 2021 (4) KHC 380
  • 14-07-2021 Oriental Insurance v. Thilakan
    Motor Vehicles Act, 1988 - Whether liability only policy issued by the insurer would cover the risk of a pillion rider ? - What is meant by `extra loading’ stated in the policy ? 2021 (4) KCC 84 : 2021 (4) KHC 254 : 2021 (4) KLT 413
  • 14-07-2021 Midhun v. State of Kerala
    Narcotic Drugs and Psychotropic Substances Act, 1985 - S. 36A(4) - Extension of two months' time for investigation - While considering an application under Section 36A(4) of the Act, the four conditions that required to be gone into by the designated court are: (1) a report of the Public Prosecutor (2) which indicates the progress of investigation (3) specifies the compelling reasons for seeking the detention of the accused beyond the period of 180 days, and (4) after notice to the accused. 2021 (4) KCC 80 : 2021 (4) KHC 210 : 2021 (2) KLD 51 : 2021 (4) KLT 421
  • 14-07-2021 Sabu @ San v. State of Kerala
    Penal Code, 1860 - Ss. 302 r/w. 32 - Merely for reason that an accused was present in the place of occurrence at the time of commission of the offence, it cannot be concluded that they were sharing a common intention - Mere presence of an accused by itself will not attract the rigour of Section 34. 2021 (4) KCC 223
  • 13-07-2021 Provincial Superior v. Union of India
    Income Tax Act, 1961 - Whether salaries paid to nuns and priests, who are employees of educational institutions, are liable for tax deduction at source ? 2021 (4) KCC 77 : 2021 (4) KHC 467 : 2021 (4) KLT 719
  • 13-07-2021 Isacc Varghese v. State of Kerala
    Penal Code, 1860 - Section 395 - Robbery of Hawala Money - the instant writ petition, filed without ascertaining the truth, and the factum of change of investigation, to be done by the SIT, is liable to be dismissed with costs. 2021 (4) KCC 71 : 2021 (4) KHC 484
  • 13-07-2021 Muhammed Nizar K. v. State of Kerala
    Public Interest Litigation - the action of the Board requires interference and accordingly, quash that portion of Exts.P1 and P2 tender documents concerning 8m PSC Poles with 140 Kgs working load, however leave open the liberty of the Board to invite tenders in accordance with the decision taken in regard to 8 m PSC poles with 200 Kgs. working load in Ext.P4 and P5 orders of the Board referred to above specifically. 2021 (4) KCC 205
  • 13-07-2021 Court on its Motion v. State of Kerala
    Panchayat Raj Act, 1994 (Kerala) - Merely because the roads have become vested with the Panchayat, consequent to the provisions of the Act, 1994, that will not take away the responsibility, duty and the obligation of the State Government to protect the welfare, and the life and liberty of the people of the State in accordance with the guarantee extended under article 21 of the constitution of India. 2021 (4) KCC 183
  • 13-07-2021 Alex P.V. v. State of Kerala
    Penal Code, 1860 - S. 376 (2)(i) & (n) - Protection of Children from Sexual Offences Act, 2012 - S. 5 (f) & (l) r/w. 6 - Allegation of a teacher in a Sunday School, where moral and religious education is imparted, having committed repeated rape on his student, a minor child - It is moral depravity of the worst kind when teachers stoop down to the level of lecherous deviants to molest their students - We can only look up to the Good Lord and lament: 'Heaven forbid'. 2021 (4) KCC 165 : 2021 (4) KLT 480
  • 12-07-2021 P.K. Gopi v. Gopinathan
    Code of Civil Procedure, 1908 - Order 2 Rule 2 - where the plaintiff is aware of his relief and yet omits to claim in the previous suit, a subsequent suit for such relief is barred. 2021 (4) KCC 71 : 2021 (4) KHC 484
  • 12-07-2021 Mohanan v. Sub Registrar
    Stamp Act 1959 (Kerala) - Partition Where the partition is among all or some of the family members. 2021 (4) KCC 67 : 2021 (4) KHC 575 : 2021 (3) KLJ 488
  • 12-07-2021 G. Santhosh Kumar v. State of Kerala
    Code of Criminal Procedure, 1973 Section 482 - Whether an Assistant Commissioner of the Sales Tax Department, who passes an order of assessment of tax under the Kerala Value Added Tax (KVAT) Act, 2003, is entitled to get the protection envisaged under the Judges (Protection) Act, 1985 ? 2021 (4) KCC 189
  • 09-07-2021 Gokul Raj v. State of Kerala
    Criminal Law - Whether the call details of police officers can be furnished to the accused since the details of informants would be leaked to the accused jeopardizing prevention and detection of crimes. 2021 (4) KCC 64 : 2021 (4) KHC 143 : 2021 (2) KLD 30
  • 08-07-2021 Yasir V.P. v. Director of Vigilance and Anticorruption Bureau
    Criminal Law - Accused has no right to seek change of investigating officer. 2021 (4) KCC 61 : 2021 (4) KHC 276 : 2021 (3) KLJ 482
  • 08-07-2021 Commissioner of Income Tax v. Mackar Kunju
    Income Tax Act, 1963 - Whether tax is liable to be deducted at source for amounts paid as compensation arrived at under negotiated settlements during acquisition of property ? 2021 (4) KCC 58 : 2021 (4) KHC 339
  • 08-07-2021 Rashtriya Sanskrit Sansthan v. K. Sarala Devi
    Civil Law - Principles of res judicata and/ or constructive res judicata - Whether a plea of res judicata can be raised in an intra court appeal which was not raised in the Writ Petition ? 2021 (4) KCC 51 : 2021 (4) KHC 268
  • 08-07-2021 Basil Attipetty @ Basil A.G v. Corporation of Cochin
    Constitution of India - Article 21 - Inability of the State and the local bodies to construct night shelters to protect the interest of workers, who are sleeping on the streets, footpaths and other pavements - the State Government as well as the Local Self Government Institutions, District Collectors and other authorities to ensure that the poor people are not sleeping on the roadside, footpaths, medians and other pavements. 2021 (4) KCC 168
  • 07-07-2021 P.K. Abdul Sathar v. State of Kerala
    Criminal Law - Further Investigation - If fresh facts come to light which would lead to inculpating or exculpating certain persons, arriving at the truth and doing substantial justice in a criminal case are more important than avoiding further delay being caused in concluding the criminal proceeding. 2021 (4) KCC 48 : 2021 (4) KHC 499
  • 07-07-2021 Rahulan v. Tahasildar
    Transfer of Registry Rules, 1966 - Without notice to the petitioner the Thandaper number allotted was cancelled - No proceeding as contemplated under Rule 18 was initiated - the impugned order has been passed in clear violation of the principles of natural justice and against the provisions of the relevant rules. 2021 (4) KCC 45 : 2021 (4) KHC 562
  • 07-07-2021 Silvi v. Iritty Chits Finance and Investments
    Code of Civil Procedure, 1908 - Order XXI Rule 66 - Proclamation of sale by public auction - When a Court fixes the upset price of the property to be sold in the sale proclamation, normally purchasers will form an opinion on the basis of it. So also once the upset price is fixed, there is no purpose in incorporating the contentions of the JD in the proclamation because it is by evaluating the contentions of the JD that usually Court fixes the upset price. 2021 (4) KCC 41 : 2021 (4) KHC 450 : 2021 (4) KLT 473
  • 07-07-2021 Malabar Fuel Corporation v. State of Kerala
    Legal Metrology, 2009 - The qualifications of the Legal Metrology Officer and the functions enumerated clearly show that the officer is specially trained to investigate into offences under the Act. The 2009 Act also prescribes a special procedure that has to be followed while conducting the inspection. A police officer is not specially trained to investigate into offences under the 2009 Act. Nor is he the person authorised by law to initiate action for contravention with the provisions of the 2009 Act and Rules. 2021 (4) KCC 38 : 2021 (4) KHC 436 : 2021 (3) KLJ 505 : 2021 (4) KLT 447
  • 07-07-2021 Johny v. State of Kerala
    Evidence Law - A hearsay statement can be accepted by applying the principle of res gestae, if it is a contemporaneous statement and interwoven with the facts in issue. In other words, if it is a statement made by the maker thereof, who is either the victim or the person witnessing the incident, spontaneously, while he was under the excitement or shock arising on being part of the incident, it can be accepted as an admissible evidence. Only thing is that, the possibility of afterthought, pre-meditation, design etc. should be ruled out. 2021 (4) KCC 35 : 2021 (4) KHC 296 : 2021 (2) KLD 137 : 2021 (4) KLT 390
  • 07-07-2021 S. Satheesh v. State of Kerala
    Partnership Act, 1932 - Whether the partnership assets can be made liable for a debt allegedly owed by a partner ? 2021 (4) KCC 31 : 2021 (4) KHC 218 : 2021 (4) KLT 641
  • 06-07-2021 C.V. Balakrishnan v. State of Kerala
    Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Right of Persons with Disabilities Act, 2016 - Direction to the aided educational institutions to comply with the mandate contained under the Persons with Disabilities Act, 1995 read along with the provisions of Act 2016. 2021 (4) KCC 171
  • 06-07-2021 Noorudheen V. v. Muhammed Najmal
    Court Fees and Suit Valuation Act 1959 (Kerala) - Refund of court fee in case where the dispute is settled under Section 89 of the Code of Civil Procedure - Where a suit, appeal or other proceeding before any court is settled by recourse to Section 89 of the CPC, the whole court fee paid on the plaint/Memorandum of Appeal or other Proceedings, except in interlocutory matters, shall be ordered by the court to be refunded to the parties concerned by whom the court fee was paid. 2021 (4) KCC 27 : 2021 (4) KHC 257
  • 06-07-2021 Thresiamma Varghese Olikkara v. Sub Registrar
    Registration Act, 1908 - Ss. 40 & 41 - When a Will is presented for registration after the death of the testator or the donor, the Registering Officer is required to endorse the date, hour and place of presentation. The fees for the same will have to be remitted by the presenter. The signature of the presenting party has to be obtained and a date shall be fixed for the enquiry contemplated under section 41(2) of the Act. The cost of the service of the notice and of its publication is to be levied in advance from the persentant. Insofar as the cost towards Gazette publication is concerned, the same is to be remitted into the treasury. 2021 (4) KCC 24 : 2021 (4) KHC 192 : 2021 (4) KLT 594
  • 06-07-2021 Rahul R.U. v. State of Kerala
    Code of Criminal Procedure, 1973 - Section 438 - While dismissing an application for anticipatory bail, is it legally permissible for the court to direct the accused to surrender before the investigating officer or the jurisdictional court within a specific period ? 2021 (4) KCC 18 : 2021 (4) KHC 44 : 2021 (2) KLD 20 : 2021 (4) KLT 283
  • 05-07-2021 Shaji @ Babu @ Japan Shaji v. State of Kerala
    Penal Code, 1860 - S.302 - Circumstantial Evidence - An unidentified corpse was seen floating in a sack and the police deduced the circumstances, which after investigation, were sought to be established by the evidence led before the trial Court. The established circumstances fail to impress the Court in bringing home the guilt of the accused. 2021 (4) KCC 229
  • 02-07-2021 Jabeen Ihsan v. Noushima Basheer
    Code of Civil Procedure, 1908 – Order XXIII Rule 1 (3) – Withdraw from the suit with liberty to file fresh suit – No permission can be granted if the suit sought to be instituted is in respect of different subject matter – Sub-rule (3) is not intended to permit a plaintiff to withdraw one suit and to institute any suit as he likes. 2021 (4) KCC 1 : 2021 (4) KHC 78 : 2021 (4) KLT 598
  • 01-07-2021 MTP Muhammed Faisal @ Faisal v. Inspector of Police
    Criminal Justice System - Pliable and prevaricating witnesses question the credibility of the criminal judicial system and test the skill of adjudicators and stretch their patience to breaking point. An inept prosecution and an equally abject defense does not serve the cause of justice delivery; which problems are at times compounded by an indifferent Court. 2021 (4) KCC 201
  • 01-07-2021 Jomol John v. Bar Council of India
    Advocates Act, 1961 - Section 7(1)(h) - Rules of Legal Education - Insofar as the Rules prescribed by the Bar Council of India is only suggestive of the ways and means to promote legal education, the same will not stand in the way of the University making appropriate changes in the curriculum. 2021 (4) KCC 192 : 2021 (4) KHC 10
  • 04-05-2021 Rilgin V. George v. State of Kerala
    Penal Code, 1860 - Section 353 - Assault or criminal force to deter public servant from discharge of his duty - To attract Section 353 IPC, one of the main ingredients is that the assault or criminal force should be to deter the public servant who was discharging his official duty - Simply because a public servant is in uniform, Section 353 IPC will not attract. 2021 (3) KCC 220 : 2021 (4) KHC 223 : 2021 (4) KLT 13
  • 24-03-2021 Guruvayur Devaswom v. Aravindan P.C.
    Service Law - the alleged excess pay and allowances said to have been paid to the petitioner during the time when he was in service cannot be recovered at this point of time, inasmuch as the alleged mistakes have occurred more than 15 years prior to the date of retirement. (2021) 3 KCC 375 : 2021 (6) KHC 200