Nominal IndexThe Kerala State -Ex-Services League State Committee, Thiruvananthapuram v. Commissioner of Central Excise Customs and Service Tax, Trivandrum, 2024 LiveLaw (Ker) 827S. Safeer v. Cochin Port Trust, 2024 LiveLaw (Ker) 828Alan Benny v Bar Council of Kerala and Another, 2025 LiveLaw (Ker) 1Mrs. Suma Sunilkumar v. The State Medical Officer, 2025 LiveLaw (Ker) 2Judgments/ Orders...
Nominal Index
The Kerala State -Ex-Services League State Committee, Thiruvananthapuram v. Commissioner of Central Excise Customs and Service Tax, Trivandrum, 2024 LiveLaw (Ker) 827
S. Safeer v. Cochin Port Trust, 2024 LiveLaw (Ker) 828
Alan Benny v Bar Council of Kerala and Another, 2025 LiveLaw (Ker) 1
Mrs. Suma Sunilkumar v. The State Medical Officer, 2025 LiveLaw (Ker) 2
Judgments/ Orders This Week
Case Title: The Kerala State -Ex-Services League State Committee, Thiruvananthapuram v. Commissioner of Central Excise Customs and Service Tax, Trivandrum
Citation: 2024 LiveLaw (Ker) 827
The Kerala High Court stated that services by charitable society who look after socio-economic and welfare matters of ex-serviceman and their families is liable to service tax.
The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “for an association like the assessee, the embarking on a transaction that is designed to earn income for its members, would have to be seen as a commercial venture and the assessee who embarks on such a venture, a 'commercial concern'.”
Longevity Of Service Cannot Be Sole Reason For Claiming Regularisation: Kerala HC
Case Title: S. Safeer v. Cochin Port Trust
Citation: 2024 LiveLaw (Ker) 828
A single bench of Justice Harisankar V. Menon dismissed petitions by Cochin Port Trust firemen seeking regularisation and pay parity with permanent firemen. The court observed that the firemen were engaged only as Leave Reserve Pool (LRP) workers and were not entitled to regularisation or equal pay. Relying on Secretary, State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1], the court ruled that regularisation requires strict adherence to judicial guidelines.
Bar Councils Cannot Charge Fees To Verify Certificates Of Enrollment Applicants : Kerala High Court
Case Title: Alan Benny v Bar Council of Kerala and Another
Citation: 2025 LiveLaw (Ker) 1
The Kerala High Court held that the Bar Council of Kerala cannot collect money from applicants to get their certificates verified from the Universities and Examination Boards.
The Division Bench of Justice Ziyad Rahman A. A. and Justice P. V. Balakrishnan noted that the Supreme Court in its earlier decision had directed the Universities and Exam Boards to verify the certificates without charging any fees. As per this decision, the requisition to get the certificates verified should be done by the respective State Bar Councils.
ESI's Refusal To Reimburse Medical Expenses On Minor Technical Grounds Arbitrary: Kerala HC
Case Title: Mrs. Suma Sunilkumar v. The State Medical Officer
Citation: 2025 LiveLaw (Ker) 2
A Single Judge Bench of Honourable Mr. Justice C.S. Dias of the Kerala High Court ruled against the Employees State Insurance Corporation (ESIC) in a medical reimbursement case. The court held that ESIC's refusal to reimburse expenses for an emergency liver transplantation on grounds such as non-submission of an 'emergency certificate' was hyper-technical and arbitrary. It ruled that once the factum of treatment is established and supported by certified records, reimbursement cannot be denied for minor procedural technicalities.
Other Important Developments This Week
Case Title: Nigoshkumar M. v State of Kerala
Case No: BA 11343/ 2024
Nigoshkumar M., the sole proprietor of 'Mridanga Vision' has moved the Kerala High Court seeking anticipatory bail over the accident caused to Thrikkakara MLA Uma Thomas.
Case Title: O. Abdurahman v State of Kerala and Another
Case No: Crl.MC 11077 of 2024
The Kerala High Court on Tuesday (December 31) stayed further proceedings in connection to notices issued by the police's Crime Branch to Malayalam language newspaper Madhyamam Daily asking it to reveal how it accessed a note by the Kerala Public Service Commission (KPSC) which is stated to have said that the name and password of several PSC applicants were available on the dark web.
Justice K. V. Jayakumar while issuing notice on the plea said, "There shall be an interim stay of all further proceedings in connection with Annexures B and D notices issued by the 2nd respondent, for a period of two weeks". The Public Prosecutor took notice for the respondents and sought time for getting instructions.
Case Title: Nigoshkumar M. v State of Kerala
Case No: BA 11343/ 2024
The Kerala High Court on Tuesday (December 31) directed the sole proprietor of Mridanga Vision, Nigoshkumar M to surrender before the investigation officer on January 2 (Thursday), while disposing of his anticipatory bail plea moved over the accident caused to Thrikkakara MLA Uma Thomas.
During the hearing on Tuesday, Justice P. Krishna Kumar observed, "After perusing the records produced along with the petition, I am of the view that this is not a fit case in which interim direction of the above nature is to be issued".
Case Title: Neha Nair v State of Kerala and Others
Case No: WP(C) 46528 of 2024
The Kerala High Court suggested constituting a body in the nature of Tribunal or Ombudsman for considering grievances related to School Kalolsavam an annual art event organized by the state government comprising of competitions for school students across the state.
Justice C. Jayachandran made this observation taking into account that large number of cases relating to School Kalolsavam was being brought before the Court. The Court noted that the precious time of Court cannot be spend over such issues when important matters affecting the life and liberty of the citizens are before it.