Kerala High Court Monthly Digest: December 2024 [Citations: 766 - 828]

Nominal Index: C. Alavi v The State of Kerala and Another, 2024 LiveLaw 766 T. N. Mukundan v State of Kerala and Others, 2024 LiveLaw 767 Motorsigns India v State of Kerala & Connected Matters, 2024 LiveLaw 768 Nizar v State of Kerala, 2024 LiveLaw 769 Aravindakshan P. R. v Assistant Director, ED and Another, 2024 LiveLaw 770 M/S Inkel Ltd V The Federal Bank Limited, 2024 LiveLaw 771 Mrs. Ameera M V The Maintenance Tribunal, Kozhikode, 2024 LiveLaw 772 The Muppathadam Service Co-Operative Bank Ltd. V The State Chief Information Commissioner, 2024 LiveLaw 773 XXX v State of Kerala, 2024 LiveLaw 774 XXX v State of Kerala, 2024 LiveLaw 775 The Kerala Public Service Commission V Aboobacker Mattayi, 2024 LiveLaw 776 Ismail Valumathige v Union Territory of Lakshadweep and Another, 2024 LiveLaw 777 The Principal Commissioner of Income Tax Kochi v. M/s Dewa Projects Pvt. @ Pulsar Suni v Station House Officer, 2024 LiveLaw 807 Sadhoo Beedi Enterprises v The Controlling Authority and Another, 2024 LiveLaw 808 Rollymol v State of Kerala, 2024 LiveLaw 809 Asha Lawrence v State of Kerala and Others, 2024 LiveLaw 810 Jamal v State of Kerala, 2024 LiveLaw 811 Akhil Mohanan v State of Kerala, 2024 LiveLaw 812 Abdul Muthalib T. and Another v State of Kerala and Others & Connected Cases, 2024 LiveLaw 813 Aleema A V State Of Kerala, 2024 LiveLaw 814 xxx v Chairperson, Child Welfare Committee, 2024 LiveLaw 815 Omar Abdul Wahab @ Omar Lulu v State of Kerala, 2024 LiveLaw 816 Nithin Gopi v State of Kerala, 2024 LiveLaw 817 Arshad v State of Kerala and Another, 2024 LiveLaw 818 Mrs. Suma Sunilkumar v State Medical Officer, 2024 LiveLaw 819 Rejimon Padickapparambil Alex v. Union Of India, 2024 LiveLaw 820 M/s Fortune Service v. Union Of India, 2024 LiveLaw 821 N. Binoj v. Income Tax Officer, 2024 LiveLaw 822 The Management Committee of Chempazhanthi Agricultural Improvement Co-operative Society and Another v The Assistant Registrar of Co-operative Societies, 2024 LiveLaw 823 XXX v Union of India and Others, 2024 LiveLaw 824 M/s Elstone Tea Estates Ltd. v State of Kerala And Connected Case, 2024 LiveLaw 825 Chavakkad Service Cooperative Bank vs. ITO, 2024 LiveLaw 826 The Kerala State -Ex-Services League State Committee, Thiruvananthapuram v. Commissioner of Central Excise Customs and Service Tax, Trivandrum, 2024 LiveLaw 827 S. Safeer v. Cochin Port Trust, 2024 LiveLaw 828 Judgments/ Orders 'Torture' Not Part Of Police's Official Duty, No Sanction Required To Prosecute For Such Acts: Kerala High Court Case Title: C. Alavi v The State of Kerala and Another Citation: 2024 LiveLaw 766 The Kerala High Court has held that a Magistrate Court can take cognizance in case of custodial torture by police office, without prior sanction of the State Government under Section 197 of CrPC. Referring to the Supreme Court's decision in L.Chandra Kumar v. Union of India a Division Bench of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar said: “Therefore, this court has ample powers under Article 226 of the Constitution to issue the direction as above, even if it is not specifically sought in the petition filed before the Tribunal, if it is found necessary.” 'Far-Fetched' To Hold That Contempt Proceedings Can Be Initiated Against An Authority For Failing To Follow Binding Precedent: Kerala HC Case Title: Joy v C K Manoj Citation: 2024 LiveLaw 792 Dismissing a contempt plea, the Kerala High Court observed that it would be too far fetched to hold that contempt of court proceedings can be initiated on the ground that a particular authority failed to follow a binding precedent. While it is true that the law laid down by this Court must be followed by every authority, I am afraid that it is too far-fetched to hold that a Contempt Court proceedings can be initiated under the provisions of the Contempt of Courts Act, 1971 on the ground that a particular authority failed to follow a binding precedent.” Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court Case Title: XXX and Another v XXX and Others Citation: 2024 LiveLaw 793 The Kerala High Court while reversing a decision of the Family Court granting compensation to the husband for his wife's alleged adulterous behaviour observed that India like many other jurisdictions does not recognize adultery as a ground for claiming damages. The Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha observed that Indian law does not recognize marriage as a “relationship that creates enforceable propriety rights over spouse's behaviour.” Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad Case Title: M K Nasar v Union of India Citation: 2024 LiveLaw 794 The Kerala High Court on Thursday suspended the sentence of M K Nasar who was convicted to life imprisonment by the Special Court of Trial of NIA Cases for chopping the hands of Professor T J Joseph.