Kerala High Court Weekly Round-Up: December 16 To December 22, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 802 – 822 ]Dr. Thahiya Thasleem V S & Another v State of Kerala, 2024 LiveLaw (Ker) 802A. K. Sreekumar v The Director and Others, 2024 LiveLaw (Ker) 803Sebastian Paul v P. R. Ashokan and Others, 2024 LiveLaw (Ker) 804Vijith V. C. and Others v State of Kerala and AnotherCitation: 2024 LiveLaw (Ker) 805Davy Varghese v The Deputy Director, 2024 LiveLaw (Ker) 806Sunil N.S. @ Pulsar Suni v Station House Officer, 2024 LiveLaw (Ker) 807Sadhoo Beedi...

Kerala High Court Convenes Special Sitting After Children In Ponnuruni Anganwadi Get Food Poisoning, Takes Note Of Waste Dumping In Tirunelveli

A special Bench of Kerala High Court comprising Justice Bechu Kurian Thomas and Justice Gopinath P. convened a special sitting on Monday (December 23) after seeing news visuals about the food poisoning incident in an Anganwadi in Ponnuruni. Reportedly, 12 kids and one ayah of the Anganwadi have shown symptoms of food poisoning. The Court said that they noticed in the video that the drainage adjacent to the Anganwadi was filled with filth to the brim.The Standing Counsel for Cochin...

Banks Cannot Coerce Defaulters To Pay By Publishing Their Photos, It Violates Right To Privacy & Reputation : Kerala High Court

The Kerala High Court held that a bank cannot publish the photo and details of defaulting borrowers to coerce them to repay loan. Justice Murali Purushothaman observed that such acts invade a person's right to live with dignity and reputation.“The borrowers cannot be coerced to repay the loans by threatening to damage their reputation and privacy. The publication or display of photographs and other details of defaulting borrowers in public will be an invasion on the right of the borrowers to...

Kerala High Court Stops Sunburn Festival To Be Conducted In Wayanad On New Year's Eve Upon Plea By Residents

The Kerala High Court directed the Disaster Management authorities and other concerned authorities to ensure that the 'Sunburn Festival' is not conducted in Wayand unauthorisedly. The event is advertised to be conducted in 'Boche 1000 Acres' at Chulika Estate in Wayanad on the new year's eve . Justice Ziyad Rahman A. A. took note of the fact that the organisers had not obtained the...

Kerala High Court Directs Formulation Of Grievance Redressal Mechanism For Victims Of Animal, Reptile Attacks

The Kerala High Court has asked the Kerala State Legal Service Authority (KELSA) to conduct a discussion with the Government to formulate guidelines and work out a grievance redressal mechanism for the victims of animal and reptile attacks. Justice C. S. Dias observed that there is an alarming number of animal and reptile attacks in the state, and yet there is no comprehensive legislation...

BJP Candidate Moves Kerala High Court Challenging Election Of Priyanka Gandhi From Wayanad Constituency

Navya Haridas, who stood in the recent Parliamentary by-elections conducted in Wayanad constituency on November 23 had filed a petition against the winning candidate Priyanka Gandhi. Priyanka Gandhi had won the election with a margin of over 4 Lakh over the CPI candidate, Sathyan Mokeri. Navya Haridas came a distant third.Navya Haridas alleges that the Ms. Gandhi suppressed vital...

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the consent of the parties cannot confer jurisdiction to the assessing authority for initiation of an action which...

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court

The Kerala High Court stated that orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order. The Bench of Justice Gopinath P. was considering the issue that whether orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of...

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. Referring to various Supreme Court judgments, Justice A. Badharudeen held that such a case...

Mistake Committed By Assessee Was Inadvertent & Technical; No Wrongful Availment Of ITC: Kerala High Court Quashes Demand Order

The Kerala High Court while quashing the demand order stated that there has been no wrong availment of credit, and that the only mistake committed by the assessee was an inadvertent and technical one, where he had omitted to mention the IGST figures separately in Form GSTR 3B. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “……The...

'Hospitals Temples Of Modern Society': Kerala HC Calls For Restrictions While Granting Bail For Criminal Trespass/ Vandalism In Hospitals

The Kerala High Court has stated that restrictions have to be imposed while granting bail to persons who are alleged of committing offences under Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012 for criminally trespassing and causing destruction to hospital building or hospital materials.The Court by relying...

Kerala HC Exempts Personal Appearance Of BJP's K Surendran Before Magistrate In Defamation Case For Allegedly Calling The Complainant A Thief

The Kerala High Court in an interim order on Friday (December 20) granted exemption from personal appearance to BJP Kerala State President K. Surendran in a defamation case filed by T. G. N. Kumar (T. G. Nandakumar) before the Ernakulam Magistrate Court claiming that the BJP leader called him (Kumar) a thief. The complaint filed by T. G. Nandakumar alleges that BJP National Secretary...