Indian Court Judgements Archive

Public, crawlable legal index containing extracted Indian judgments, bench details, statutory citations, and full case text.

Total Records: 93,163•Page 347 of 4659
High Court of Kerala
RSA No. 932 of 2019

R.S.A.No.932 of 2019

This Regular Second Appeal arises from a partition suit concerning self‑acquired property of late Janardhanan, who died intestate in 2000. The respondents (plaintiffs) sought partition of plaint schedule properties; the appellants (Mini, Rajesh, and Sathyabhama) claimed title under a Will (Ext.A1) said to have been executed by Janardhanan on 22/08/2000, bequeathing all properties to them. The trial court in O.S.132/2001 and O.S.101/2001 dismissed the declaration suit and decreed partition in favor of the respondents, while the first appellate court affirmed. The appellants’ RSA challenges the concurrent decrees, arguing Ext.A1 is genuine and proved by witnesses (PW2, PW3), supported by documentary aspects (stamp paper, scribes, license details) and that any suspicious circumstances cited by courts below do not establish lack of free will. The High Court, however, held that Ext.A1 was not proved and, applying the principle of res judicata, found the present RSA barred by the earlier concurrent judgment in O.S.101/2001. The judge concluded there is no substantial question of law arising, upheld the lower courts’ reasoning, and dismissed the appeal with no order as to costs. Overall, the matter reinforces the res judicata doctrine and the sufficiency of evidence required to prove a testamentary disposition in partition disputes.

High Court of Kerala
WP(C) NO.9892 OF 2025

Ashmil Ahammed K R v. Federal Bank Ltd and others

Ashmil Ahammed K R filed WP(C)9892/2025 seeking to lift the debit freeze on his bank account 55550118835378 held with Federal Bank Ltd, which had been frozen pursuant to police requisitions. The petitioner contends that the freezing is arbitrary because the requisitions did not specify any amount, making the blanket freeze excessive and prejudicial to normal banking transactions. The bank counters that the account is totally debit freezed and that no disputed amount is mentioned in the requisitions. The Court, after hearing petitioner, government pleader and bank counsel, notes the need to calibrate freezes to the quantities specified by police orders and to avoid overbroad restrictions. Relying on Dr. Sajeer v. RBI and Nazeer K.T v. Federal Bank Ltd (both 2024), and drawing on the interpretation of Section 102 Cr.P.C. (now Section 106 BNSS, 2023) as interpreted by the Supreme Court in Tapas D Neogy, Teesta Atul Setalvad and Shento Varghese cases, the judgment sets out a sequence of directions: (i) confine the freeze to the amount mentioned in the police requisition; (ii) police must inform the bank whether continued freezing is needed and for what period; (iii) banks must act on such information; (iv) if no information is received, the petitioner may approach the Court again; (v) if no compliance within two months of judgment, the bank shall lift the debit freeze; (vi) service of this judgment to the concerned police officer is required. The writ petition is disposed with these directions and the petition is allowed on these terms.

High Court of Kerala
MACA No. 1985 of 2013

Suresh Kumar v. Biju, Dayas Yesudasan and National Insurance Co. Ltd.

This is a Motor Accident Claims Appeal (MACA No. 1985 of 2013) under Section 173 of the Motor Vehicles Act, 1988, challenging an order of the Motor Accidents Claims Tribunal, Kollam, in O.P.(MV) No.671/2009 dated 8 December 2011. The appellant, Suresh Kumar, a pillion rider, sustained severe injuries after a collision between two bikes; the second rider was found negligent and the insurer admitted policy liability. The Tribunal held the second respondent liable, and initially awarded Rs.53,500 with the insurer liable to satisfy the award, while the first and second respondents were jointly and severally liable. The appellant contends that the compensation is not just and reasonable, arguing that the award inadequately reflects pain and suffering, loss of earning, and medical expenses; the insurer contends the amount is reasonable given injury severity and treatment. The High Court emphasizes that just compensation must be fair, reasonable and equitable, citing National Insurance Co. Ltd v. Pranay Sethi to frame the standard. After reviewing medical records and treatment, the Court re-evaluates heads of damage, reducing rigidity in the original assessment and ordering enhanced compensation for pain and suffering, loss of earnings, and transportation. The appeal is allowed in part, with enhanced compensation of Rs.30,000 and 8% interest from the petition date, with deposit within three months; the award is modified accordingly.

High Court of Kerala
WP(C) Nos. 23265 of 2010 and 21172 of 2011

Saraswathy Amma G. v. State of Kerala and Others

These two connected writ petitions challenge administrative orders regarding appointments in a government-aided school managed by Saraswathy Amma G. (VMHS, Kottarakara). The petitioner seeks to quash certain orders (Exhibits P20–P22) and compel the respondents to approve earlier appointments (Exhibits P15–P17) and to pay salaries from the appointment dates, including filling vacancies such as a post of FTM. The petitions turn on the obligation of the School Manager under the Kerala Education Rules to absorb protected teachers as part of establishing or upgrading schools, and whether executive orders can override statutory prescriptions. The court relies on precedent in Moosakutty v. D.E.O. Wandoor (2009) and Nadeera v. State of Kerala (2011) to address the manager’s obligation under Rule 6(Chapter V), Sub-rule (viii), and Rule 9(Chapter III) of the Kerala Education Rules, ultimately holding that Ext.P6 may be enforced only to the extent consistent with the Rules, and that government orders cannot override statutory provisions absent amendments. The court ultimately allows the petitions in part, setting aside Ext.P22 (23265/2010) and Ext.P8 (21172/2011) and directing a fresh consideration by the first respondent after a hearing within three months, with contentions left open for further decision.

High Court of Kerala
WA No. 135 of 2022

Sonal S. v. State of Kerala and Commissioner for Entrance Examination

This writ appeal challenges the dismissal of WP(C) No.21704 of 2021 by the Kerala High Court, which had dismissed the petition seeking to strike down the KEAM Engineering rank list for 2021-22 and to compel admissions or alter the standardization formula. The appellant, Sonal S., a CBSE student with 99.42% in 2021, contends that equal 50:50 weighting of entrance examination marks and XIIth standard marks is illegal given the pandemic-era distortions in CBSE/ICSE evaluation and the State Board’s Liberalized Plus Two assessment. She argues that admissions for engineering should be based on entrance marks alone or on a revised standardization reflecting the altered examination pattern. The State of Kerala and the Commissioner for Entrance Examinations defend the 50:50 standardization formula fixed by Ext. P2 prospectus, prepared on the basis of recommendations of an expert committee and the Government’s policy since 2011. They assert the appellant knowingly participated in the entrance examination and cannot challenge the selection process; they rely on several Supreme Court precedents that participation in the process bars later challenges. The Bench agrees with the single judge, upholding the decision and dismissing the appeal, stating there is no arbitrariness or illegality in the standardization and that the relief sought is unsustainable.

High Court of Kerala
WP(C) NO. 3399 OF 2016

Saji Joseph v. Union of India

This writ petition challenges an order under Section 119(2)(b) of the Income Tax Act, 1961, issued by the Principal Commissioner of Income Tax, Kochi, which rejected condonation of delay for filing a belated return claiming a refund of Rs. 1,65,300 for the assessment year 2012-13. The petitioner, Saji Joseph, proprietor of J.S. Communication, Muvattupuzha, contends that Rs. 1,75,561 was deducted at source by Unitech Wireless Pvt. Ltd., which supplied goods until 2012, but the supplier later closed down, resulting in the absence of Form-16 and a delayed refund claim. The petitioner filed a refund application on 26.02.2015 along with a delay petition; Ext.P4 (the impugned order) dated 01.10.2015 refused to condone the delay, holding it not a fit case for relaxation. The petitioner relied on Circular No.9/2015 (Ext.R2(a)) and the Division Bench decision in Pala Marketing Co-operative Society Ltd. v. Union of India (2018 (1) KLT 589) to argue that refunds/loss claims cannot be entertained beyond six years in such circumstances. The respondents contended that the normal limitation is one year from the end of the assessment year (limited by pre-2004 rules) and that the petitioner failed to show genuine hardship. The High Court ultimately held that the circular applies and the petitioner’s claim falls within the six-year window, set aside Ext.P4, and directed expeditious processing of the refund within two months.

High Court of Kerala
WP(C) Nos.23186 of 2022 & connected cases

In the High Court of Kerala at Ernakulam - W.P.(C) Nos. 23186 of 2022 & connected cases

These writ petitions challenge Government Order G.O.(M.S.) No.121/2022 dated 07.07.2022 and the corresponding Plus One admission prospectus, which together reduce the management quota in Private Aided Higher Secondary Schools to 20% and require private aided managements to declare the community to which they belong, with 10% of seats reserved for that community on merit. The petitioners, managers of various Private Aided HSS, contend such a 10% community quota and the mandatory declaration violate constitutional guarantees (Articles 14 and 15) and fundamental rights, and that the State has no authority to alter previously established quota norms without a vested right. The court traces the historical quota framework (1991 GO orders, 2003-2005 adjustments) and reviews the policy powers of the executive in education. It recognises the CAP (Centralized Allotment Process) mechanism and the need to maintain merit and transparency, while scrutinising discriminatory features in the 10% community quota. After considering authorities and precedent (including Pattali Makkal Katchi v A. Mailerumperumal, Unnikrishnan, and Thapar Institute lines), the judge holds that the 20% management quota can stand, but the 10% community quota is arbitrary and unconstitutional. The court directs that the 10% seats be treated as open merit seats through CAP and disposes of the petitions with directions to implement the policy accordingly.

High Court of Kerala
CRL.MC NO. 1790 OF 2023

Karthik S. Nair v. State of Kerala and Station House Officer, Mala Police Station, Mala

This is a Kerala High Court criminal miscellaneous case (CRL.MC 1790 of 2023) by Karthik S. Nair, the accused no.2, challenging an order of the Judicial First Class Magistrate, Chalakudy (C.C. 438/2019) dated 16 February 2023 in which PW1 was recalled under Section 311 Cr.P.C for identification of accused no.2. The prosecution alleged that on 12 January 2022 at 5 a.m., in Vennur Padam, the accused snatched a gold chain from PW1; PW1 was the sole eyewitness. At trial, accused no.1 was identified by PW1, but accused no.2 was not identified in the box. The prosecution moved under Section 311 Cr.P.C to recall PW1 for identification of accused no.2; the defense contended that such recall would prejudice accused no.2 and that the application was delayed, with no justification for belatedly filling the lacuna in the prosecution’s case. The Magistrate permitted recall to test identification. The High Court examined the scope of Section 311, emphasizing that recall must be judicious, not used to fill gaps or to prejudice the accused, and that due regard to a fair trial is essential. Relying on precedents, the Court held that recalling PW1 was not justified, set aside the Magistrate’s order, and dismissed the recall petition. The Crl.M.C. is allowed, with the outcome that the record remains as is and the prosecution’s recall attempt is rejected.

High Court of Kerala
WP(C) No.19703 of 2019

R. Biji v. State of Kerala and Others

This writ petition challenges Exts.P3 to P5 orders and seeks a declaration that the petitioner is senior to the sixth respondent for purposes of seniority under Rule 37 of Chapter XIVA KER and thus entitled to be promoted as Headmaster in preference to the sixth respondent. The petitioner joined as HSA (Natural Science) in the 5th respondent’s school on 04.06.2007, and the sixth respondent joined as HSA (Mathematics) on the same day. In the provisional seniority list published by the Manager, the petitioner was shown as junior to the sixth respondent, prompting Ext.P2. The 4th respondent’s Ext.P2 declared the petitioner senior, but the 3rd respondent allowed the sixth respondent’s appeal by Ext.P3, fixing the sixth respondent as senior. The Government maintained Ext.P3 by Ext.P4, and the petitioner challenged these orders up to Ext.P5. The central issue is how to determine seniority when two teachers in the same grade commence service on the same date. The petitioner contends there is no reliable proof of the sixth respondent’s prior UPSA appointment, and relies on RTI responses and absence of appointment orders; the sixth respondent asserts a prior UPSA service from 23.11.1998 to 31.03.1999, with an approved appointment, and argues Rule 37(2) fixes seniority on the basis of first appointment. The court analyzes records Exts.R5–R7 and RTI materials, applying Balakrishnan and Valsamma to uphold the sixth respondent’s seniority and dismiss the petition. The writ petition is dismissed, and the seniority list stands.

High Court of Kerala
CRL.M.C.No.5551 of 2023

Crl.M.C.No.5551 of 2023

This is a Kerala High Court Criminal Miscellaneous Case under Section 482 CrPC filed by nine accused in Crime No.406/2023 of Ottapalam Police Station. The petition seeks to quash the prosecution arising from offences under IPC Sections 143, 147, 148, 343, 323, 294(b), 506, 427 read with 149 IPC, and Sections 3 and 5 of the Kerala Prevention of Damage to Private Properties and Payment of Compensation Act, 2019. The prosecution case alleges that the accused formed an unlawful assembly, used filthy language, and assaulted the victim. The petitioners submit that the dispute is private, the matter has been settled, and affidavits from victims support quashing; they also seek release of bail money deposited earlier. The Public Prosecutor expresses reservations about quashing solely on settlement but concedes that settlement exists. The court notes the settled nature of the dispute and relies on Supreme Court doctrine beginning with State of Madhya Pradesh v. Laxmi Narayan and Others, followed by Gian Singh and Narinder Singh, to articulate when 482 CrPC power can be exercised to quash non-compoundable offences in private disputes where the entire dispute is resolved, while cautioning against quashing for heinous offences, offences under special statutes, or public service-related crimes. The court concludes the dispute is private in nature, accepts the settlement, and quashes all further proceedings; bail money, if any, will be disbursed to the petitioners.

High Court of Kerala
WP(C) No. 12478/2016

Vijay Hari v. District Collector, Ernakulam; Revenue Divisional Officer, Fort Kochi; Tahsildar, Aluva

This writ petition, filed by Vijay Hari, challenges assessment orders under the Kerala Building Tax Act, 1975, including Exts. P2 (building tax) and P4 (annual luxury tax) dated 22.01.2014 and 02.01.2014, and the appellate/revisional orders Exts. P6 (Sub Collector) and P8 (District Collector). The petitioner, a builder who constructed a 106-unit residential complex, argues that the complex should be treated as multiple buildings or as separate units since different buyers own individual flats and funds for construction were contributed by various persons; consequently, the units should be separately assessed for building tax under Explanation 2 to Section 2(e) and for luxury tax under Section 5A. He contends that Exts. P2 and P4 wrongly tax the complex as a single unit (5388.26 sq m) for building tax and levy luxury tax annually on the whole structure. The respondents rely on the Act’s scheme and several precedents to sustain a single-building assessment. The High Court, after review, upholds the general rule of single-building assessment but accepts a limited scope for luxury tax, clarifying that liability under Section 5A will persist only as long as the owner continues to hold property above the 278.7 sq m threshold. The matter is remanded for recomputation consistent with this interpretation; no costs awarded.

High Court of Kerala
OP(KAT) No.441/2020 & Con. Cases

OP(KAT) No.441/2020 & Con. Cases (In the High Court of Kerala at Ernakulam)

This batch of original petitions challenges the common final order dated 24.08.2020 of the Kerala Administrative Tribunal (KAT) which dealt with the shortlisting and ranking of candidates for the post of Lower Primary School Assistant (LPSA) in seven districts of Kerala under Category 387/2014. The petitioners, primarily the Kerala Public Service Commission (KPSC) and State authorities via the District Officer, contend that the KAT’s directions to expand the shortlist and main list beyond what Circular No.30/2003 prescribed were unwarranted. The PSC had relied on Circular No.30/2003 (modifying Circular No.17/1987) to decide the size of shortlists not mechanically but based on (i) vacancies reported, (ii) past advices, and (iii) chances of vacancies arising, with the third parameter requiring assessment of vacancies likely to arise during the currency of the list. The petitioners argued there was no minimum cutoff against which to fix the shortlist, relying on Ajayan v. State of Kerala and Ravidas, and that expansion cannot be compelled by courts. The High Court, while acknowledging the need for equal opportunity (Articles 14 & 16) and the jurisprudence limiting judicial review of PSC decisions, set aside the Tribunal’s expansion directions, rejected the petitions for expansion, and directed the state to implement reforms (including a committee to improve vacancy reporting). The judgment underscores that recruitment remains an ongoing process and insists on adherence to the PSC norms and central education standards (RTE), while emphasizing the need for timely vacancy reporting and transparent norms.

High Court of Kerala
Criminal Appeal No. 59 of 2023

RadhaKrishnan v. State of Kerala

This is a Kerala High Court Division Bench appeal by RadhaKrishnan challenging his conviction under Sections 302 and 201 IPC by the III Additional Sessions Court, Palakkad, in S.C. No.195 of 2013. The prosecution’s case rests on circumstantial evidence: the deceased Sri Joseph @ Jose and the appellant were seen together on the evening of 26 June 2012; the dead body of Jose was found the next morning in a mutilated state in a paddy field about 100 metres from the appellant’s house; bloodstains were detected at the appellant’s house; weapons (MO1 reaper, MO4 chopper) and a saffron-dyed dhoti (MO5) were recovered pursuant to statements made by the appellant; the body was dragged and then chopped, with the intent to discard evidence. The autopsy concluded death due to asphyxia from crush injuries, though the doctor noted that certain injuries could be inflicted by a wooden reaper rather than the reaper alleged by the prosecution. The Sessions Court convicted, relying on a chain of circumstances including last-seen together, recovery of weapons, blood traces, and absconding. On appeal, the High Court carefully examined whether these circumstances satisfy the stringent requirements for circumstantial evidence (per Sharad Birdhichand Sarda and related precedents). It held that several crucial links lacked proof, there was no proven origin of bloodstains from the deceased, no proven motive, and the remaining links did not form a complete chain pointing exclusively to the appellant’s guilt. Consequently, the conviction was set aside and the appellant acquitted.

High Court of Kerala
CRL.MC No. 1527 of 2020

GTL Infrastructure Limited v. The Secretary, Badiadka Grama Panchayat, Perdala P.O., Kasaragod and State of Kerala

This Criminal Misc. Case (Crl.M.C. No. 1527 of 2020) challenges ST No. 189/2018 pending in the Judicial First Class Magistrate Court-II, Kasaragod, under Section 210 of the Kerala Panchayat Raj Act read with Rule 27 of the Kerala Panchayat Raj (Taxation and Appeal) Rules, 1996. The petitioner, GTL Infrastructure Limited, contends that the complaint is defective for lacking essential averments: it merely states that recovery measures are impractical without detailing the recovery steps taken or the reasons for impracticability. The court examines Annexure A1 (a printed form) and finds no explicit pleading satisfying the prerequisites for prosecution under Section 210, namely initiation of revenue recovery proceedings and demonstrable impracticability. Relying on a prior order (02.03.2022 in Crl.M.C. No.1385/2020), the Judge reiterates that prosecution under Section 210 is a last resort and requires (i) initiation of revenue recovery and (ii) impracticability to realise the amount through recovery proceedings. The court also notes non-compliance with Rules 14 and 15 of the KP Taxation and Appeal Rules, 1996 (demand notice and distraint). While upholding the Panchayat’s right to recover lawfully, the court holds continued prosecution to be an abuse of process and quashes S.T. No.189/2018, with liberty to pursue recovery by lawful means.

High Court of Kerala
33774/2018; 33778/2018; 33932/2018; 3529/2019; 5443/2019; 5478/2019; 5510/2019; 8293/2019; 10979/2019; 13419/2019; 5498/2023

W.P.(C) Nos. 33774, 33778 & 33932 of 2018, 3529, 5443, 5478, 5510, 8293, 10979 & 13419 of 2019 and 5498 of 2023

The batch of writ petitions concerns Ultra-plea challenges to demands of motor tax under The Motor Vehicles Taxation Act, raised by various private bus undertakings operating stage carriages. The petitioners contend that their undertakings are covered by the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and thus should be exempt from contributions to the Kerala Motor Transport Workers Welfare Fund (KMTWWF) under the Kerala Motor Transport Workers Welfare Fund Act, 1985. They argue that Section 4 of the KMTWWF Act contemplates contributions but provides an exemption for those already covered by central welfare statutes (EPF Act, Gratuity Act, etc.). They challenge the demand for proof of remittance of welfare fund contributions before paying motor tax, asserting the proviso to Section 4 creates the exemption and the eligibility must be determined in adjudication proceedings, not at the tax collection stage by the RT0. The court, relying on a prior Division Bench ruling (George Antony v. State of Kerala), clarifies that exemption is to be proved in adjudication proceedings by the Welfare Fund Board’s Executive Officer, not by the RTO. The judgment directs procedural steps: (a) petitioners to show EPF remittance proof; (b) the District Executive Officer to issue an exemption certificate if eligible, within six weeks; (c) upon production of clearance, the RTO shall accept tax; (d) if not exempt, adjudication to determine payable contributions and to issue clearance for tax. The decision is anchored in ensuring EPF coverage verification while expediting motor tax remittance, with general directions to streamline compliance and avoid arbitrary tax collection where exemptions apply.

High Court of Kerala
RSA No.495 of 2022

Siby Thomas v. St. John Baptist Church, Nedumkunnam, Changanacherry

This Regular Second Appeal arises from a suit filed by St. John Baptist Church, Nedumkunnam (Archdiocese of Changanassery) for arrears of rent, eviction, and perpetual injunction against Siby Thomas in respect of a shop room leased on 12.12.2012 for Rs. 900 per month. Although the lease term of 11 months ended, the defendant continued in occupation; arrears from 11.12.2014 were claimed at Rs. 945 per month. A tenancy termination notice was issued on 10.02.2016. The Munsiff held the plaintiff Church had a valid tenancy termination and decreed Rs. 15,904 due with 6% interest. The defendant’s I.A. to deposit Rs. 20,000 towards arrears was rejected, and the plaintiff was allowed to realize arrears from 01.12.2014 until possession, with interest. On appeal, the Additional District Judge affirmed; the church trustees were found to be duly authorized to sue on behalf of the church. This Regular Second Appeal challenges those findings. The High Court, per Justice M.R. Anitha, dismissed the appeal, upholding that the plaintiff can proceed as a regular eviction suit, that the shop is exempt from the Kerala Building (Lease and Rent Control) Act by Section 25, and that statutory notice under Section 106 of the Transfer of Property Act is proper. The Court also notes no need to prove bonafide need under Section 11 since the eviction arises outside the Act’s Section 11 framework. It directed five months’ time to vacate, with conditions, including filing an undertaking and payment of arrears, failing which the decree could be executed.

High Court of Kerala
CRL.MC 1660 of 2023

Noushad v. State of Kerala, Saleena and Muhammed Shamil

This is a Criminal Miscellaneous Case (CRL.MC No. 1660 of 2023) filed by Noushad challenging Annexure-A2 in MC 366/2020 of the Family Court, Tirur, under Section 125 CrPC for maintenance from 05.02.2017. The petitioner is the husband of Saleena, the 2nd respondent, and the father of Muhammed Shamil, a minor. Saleena previously approached the Judicial Magistrate of Parappanangadi under Section 12(1) of the Domestic Violence Act, 2005, seeking various reliefs, including return of ornaments, compensation, and maintenance. The Magistrate partially allowed the DV petition on 30.10.2018, directing the petitioner to pay Rs. 3,000 per month to Saleena and Rs. 2,500 per month to his minor son, with payments beginning from 18.02.2017. The petitioner argues that the 2nd respondent did not disclose the prior proceedings in MC 366/2020, creating overlapping jurisdiction between proceedings under different statutes. He relies on Rajnesh v. Neha & Anr (2021) 2 SCC 324, which directs courts to address overlapping maintenance by considering set-offs and requiring disclosure of prior orders, and to modify only within the same proceeding. The State Public Prosecutor cites Mahinkutty & Anshida’s authority. The High Court, applying Rajnesh, directs the Family Court Tirur to take note of the earlier proceedings and grant relief accordingly to avoid conflicting orders. The petition is disposed with this direction, ensuring coherence between prior DV and maintenance orders.

High Court of Kerala
CRL.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022

CRL.M.C Nos. 1291, 1612, 1680, 1785, 2166 & 2208 of 2022

Six Criminal Misc. Cases (CRL.M.C Nos. 1291, 1612, 1680, 1785, 2166 and 2208 of 2022) are heard together by a Kerala High Court single judge (P. V. Kunhikrishnan, J.). The petitioners, Sukumaran M.G., challenged the orders taking cognizance on protest complaints filed by the first respondent against him in relation to six separate cases arising from actions by the Thrissur Town West Police Station. Each protest complaint was filed after police investigation and a refer report, but the Magistrate reportedly did not consider the refer reports while taking cognizance. The petitioner relied on Parameswaran Nair v. Surendran and Another to argue that the final report cannot be accepted without considering the refer report and that cognizance must be set aside if there is manifest error or if new facts emerge. The Court held that cognizance orders were improper for not taking into account the refer reports and the referential material. Consequently, the Court set aside the cognizance orders and directed the Chief Judicial Magistrate Courts to reconsider the protest complaints in light of the Parameswaran Nair principle, thereby ensuring proper appraisal of both refer reports and protest complaints before proceeding further. The orders pertain to CMP Nos. 6527/2018, 5894/2018, 5895/2018, 6526/2018, 6917/2018, and 6941/2018 in RC Nos. 30, 38, 36, 31, 37, and 27 respectively.

High Court of Kerala
W.P.(C).No.5250 of 2021

N.S. Mohanan v. Indian Overseas Bank

This writ petition challenges the compulsory retirement of N.S. Mohanan, then Assistant Manager (Compulsory Retired) of the Indian Overseas Bank, Chengannur. The petitioner assails Exhibits P8 (Disciplinary Authority), P10 (Appellate Authority), P12 (Review) and P18 (final order), contending that the punishment is illegal, constitutes unequal treatment, and violates natural justice. The petitioner’s case traces a lengthy procedural history: in 2011, this Court quashed the revisional and appellate orders and remanded for fresh consideration after finding that reliance on a confession by a customer, which was not properly proven in enquiry, was unsustainable. The superior officer who allegedly was culpable was sanctioned with a lesser punishment, prompting remand. On remand, the Disciplinary Authority again imposed compulsory retirement, and the appellate authority affirmed it; despite further litigation, the matter returned to this Court via Ext. P14 and Ext. P18 proceedings. The petitioner argues that the ground for the punishment (removal of cheques) was not proved and relied on a confession, and that the subsequent developments did not justify denying relief. The respondents defend the order as proper, noting that the charge involving removal of cheques evidenced a breach of trust and loss of confidence, warranting a severe penalty. The High Court ultimately found that the evidence and findings were properly considered on remand and that the punishment was justifiable, dismissing the petition and upholding Ext. P18.

High Court of Kerala
CRL.M.C. NO.1508 OF 2022

Shri A I Noushad and SMT. JAJUNIZA NOUSHAD v. The State of Kerala and Public Prosecutor, High Court of Kerala (CRL.M.C No. 1508 of 2022)

This is a criminal miscellaneous petition under section 482 CrPC filed by two accused in Crime No. 87 of 2022 of Elamakkara Police Station, Ernakulam, which is pending as S.C. No. 499/2022 before the Additional District and Sessions Court (POCSO). The petition seeks to quash the criminal proceedings on account of settlement between the petitioners and the victim’s family. The allegations include offences under IPC sections 323 and 342 read with POCSO Act sections 10, 9(l), 9(n), 9(p) and 21, and section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, involving a 16-year-old domestic helper who was allegedly assaulted and subjected to harmful acts; a bail order in 2022 recorded that the minor was not sexually abused based on a father’s affidavit. The father later executed Annexure-A6 stating no objection to termination of the proceedings. The petition argues settlement and compensation (Rs. 1 lakh) as just and in the best interests of the child. The State counters that the offences are serious and proceedings must continue. Relying on Vishnu v. State of Kerala and the Supreme Court precedents Gian Singh, Narinder Singh, and State of MP v. Laxmi Narayan, the Court concludes that quashing under 482 is appropriate where settlement aligns with ends of justice and the child’s welfare, particularly where the offences are not heinous. The petition is allowed and the proceedings are quashed.