Decision of the Collegium of High Court of Kerala, recommending elevation of Lawyers as the Judges of the High Court – Not subject to judicial review - 2018 (3) KHC 26

*Important judgments (01/06/2018)*

Decision of the Collegium of High Court of Kerala, recommending elevation of Lawyers as the Judges of the High Court – Not subject to judicial review - 2018 (3) KHC 26

LR Act — Benefit obtained by one of co-sharers in the form of the certificate of purchase shall be held by him also for the advantage of the other co-owners and thus it shall enure to the benefit of the other co-owners also - 2018 (3) KHC 73 (FB)

Chairperson or Members of Police Complaints Authority cannot function independent of the Authority - 2018 (3) KHC 54

UA(P) Act — Production or smuggling or circulation of high quality counterfeit Indian paper currency in India is not punishable as a terrorist act (Prior to amendment in 2013) - 2018 (3) KHC 1 (FB)

Police filing a chargesheet under S.173(2) CrPC and on further investigation, a refer report – Not permissible - 2018 (3) KHC  23

MACT — Dismissal of cross appeal (cross objection) filed by claimant on the ground of delay – High Court need not consider enhancement of compensation, while considering the appeal filed by Insurer - 2018 (3) KHC 59 (DB)

Disobedience or breach of an order of temporary injunction passed by Civil Court – Writ petition for police protection is not maintainable - 2018 (3) KHC 69 (DB)

Dishonour of cheque towards insurance premium – Insurance Company can be exonerated from liability only if it is proved that policy was cancelled and Company had sent intimation thereof to the owner with respect to such cancellation - 2018 (3) KHC 59 (DB)

LR (Ceiling) Rules – Verification statement by declarant will form part of proceedings under S.85(5) of the LR Act - 2018 (3) KHC  50

When a positive report under S.173(2) CrPC is followed by a negative report under S.173(8) and cognizance has been taken upon the former report, Magistrate shall proceed with the case ignoring the latter report - 2018 (3) KHC 23

For declaration of its status as a minority educational institution at any stage post establishment, National Commission for Minority Educational Institutions (NCMEI) would have the power to decide the question - 2018 (3) KHC 2 (SC) (SN)

Misuse of PIL – Supreme Court expresses its concern - 2018 (3) KHC 1 (SC) (SN)

Arbitration — Reference to Arbitration Act of 1940 in the agreement would not invalidate arbitration clause - 2018 (3) KHC 3 (SC) (SN)

In the allocation of cases and Constitution of Benches, the Chief Justice has an exclusive prerogative - 2018 (3) KHC 4 (SC) (SN)

Seniority in terms of appointment has no bearing on which cases a Judge should hear - 2018 (3) KHC 4 (SC) (SN)

Reimbursement of medical claims (CGHS) – Law does not require that prior permission has to be taken in such situation where the survival of the person is the prime consideration - 2018 (3) KHC 5 (SC) (SN)

Appointment of Judges – Collegium recommendation – High Court need not publish names of candidates in public domain - 2018 (3) KHC 26

PIL — Essential aspect of the procedure of PIL is that, person who moves the Court has no personal interest in the outcome of proceedings apart from a general standing as a citizen before the Court - 2018 (3) KHC 1 (SC) (SN)