Kerala High Court
'Media Entitled To Discuss Publicly Available Book': Kerala High Court Quashes Defamation Case For Discussing Book On Mata Amritanandamayi
The Kerala High Court quashed a defamation case against media persons of Reporter Channel who aired a show called 'Big Story' that discussed a book about Mata Amritanandamayi and her Math. The Court stated that media persons can conduct discussions about books available in the public domain and doing so would only constitute fair comment or criticism, which falls under their freedom of...
Kerala High Court Monthly Digest: July 2024 [Citations: 397-494]
Nominal Index: [Citations: 2024 LiveLaw (Ker) 397- 494]Sali T. v Keezhmadu Service Co-operative Bank, 2024 LiveLaw (Ker) 397Arshad v State of Kerala, 2024 LiveLaw (Ker) 398Association of Clinical Microbiologists and Biochemists v Akhil James and Others, 2024 LiveLaw (Ker) 399Satish Motilal Bidri v Union Of India, 2024 LiveLaw (Ker) 400N S Gopakumar v The Oriental Insurance Company Ltd.,...
Kerala HC Declines To Quash FIR Against Doctor & Hospital Staff Booked For Sharing Images, Videos Of Woman Undergoing Surgery To Deliver Triplets
The Kerala High Court has dismissed a petition filed by a doctor and hospital staff who approached the Court to quash proceedings initiated against them for allegedly taking and sharing videos and images of a woman undergoing a cesarean operation to deliver three children, through WhatsApp.The crime was registered against the doctors under Section 354(C) (Voyeurism) of IPC, Sections...
Settlement Affidavit Cannot Be Relied On To Quash Rape Case, Nature Of Victim's Relationship With Accused To Be Decided In Trial: Kerala HC
The Kerala High Court has stated that serious offences alleged against the accused like rape cannot be quashed merely based on a settlement affidavit filed by the defacto complainant.Justice A. Badharudeen dismissed the petition filed by the accused stating that whether the relationship was consensual or not were matters to be decided in a trial. It was held that:“Whether the relationship...
[S.73 Evidence Act] Trial Court Is Empowered To Compare Disputed Handwriting In Cheque Dishonour Cases: Kerala High Court
The Kerala High Court held that a Trial Court can compare the disputed handwriting and prove the handwriting of a person in a case where the accused had already admitted his signature in a cheque dishonour case. In the present case, the accused was charged under Section 138 of the Negotiable Instruments Act and had claimed that while the signature on the offending cheque was his, the contents...
Untimely Demise Of Husband Sufficient Explanation To Condone Delay In Seeking Leave To Continue Appeal On His Behalf: Kerala High Court
The Kerala High Court has stated that the untimely death of the husband is sufficient reason to condone 20 days delay in filing an application seeking leave under Section 394 of CrPC.Section 394 of CrPC provides for abatement of criminal appeal on the appellant's death. As per the provision, near relatives can apply for leave to continue the appeal within 30 days of the death of the...
Wayanad Landslide: Kerala High Court Holds Full Court Reference To Condole Loss Of Lives, CJ Calls For 'Determination To Build Safe Future'
The Kerala High Court today held a Full Court reference to express condolences for the loss of lives and to show support to the survivors of the landslides in Wayanad, which affected the areas of Mundakkai and Choormala. The death toll from the disaster is nearing 300, with several persons still missing.The Acting Chief Justice A. Muhamed Mustaque expressed his collective solidarity...
'Group of Companies' Doctrine Not Applicable When The Party Is Not Referred To Arbitration: Kerala High Court
The Kerala High Court has held that 'Group of Companies' doctrine is not applicable when the third party is not even referred to the arbitration. The Supreme Court adopted the 'Doctrine of Group of Companies' in Cox and Kings Ltd. v SAP India Private Limited and Other (2023). The Apex Court held that a non- signatory affiliate or a sister or parent company can be a party to the...
Kerala Toddy Workers Welfare Fund, Employee Of Licensee, Not An Employer: Kerala High Court
A single judge bench of the Kerala High Court, comprising Justice Dinesh Kumar Singh, while deciding writ petitions held that an employee who is merely associated with the conduct of business and not in a position to employ others on his own behalf, cannot be said to be an employer. Background Facts The employee (Petitioner) was a worker in toddy shops Nos. 135 to 138 and 119 to...
Six-Day School Week | Kerala HC Quashes Decision To Make 25 Saturdays Working Days, Says Adverse Impact On Student's Mental Health Not Considered
The Kerala High Court has quashed the decision of the Director of General Education in so far as it makes 25 Saturdays as working days out of 35 Saturdays in an academic year. The Court observed that the decision to implement a six day working week with Saturdays working was made without considering its adverse effects on the mental health of students. In this case, several writ petitions...
Wayanad Landslides: Kerala High Court To Hold Full Court Reference To Condole Loss Of Lives
The Kerala High Court will hold a reference on 2nd August at 10:15 am to condole the large-scale loss of lives and to express solidarity with the survivors who lost their homes and family members in the landslides in Wayanad. The reference will be held in the court of the Chief Justice.On Tuesday, extremely heavy rainfall in Wayanad triggered landslides in the hilly areas of the...
Kerala HC Calls For Suggestions On Utilization Of Available Space At DRT Ernakulam, Emphasises On Separate Toilets For Female Advocates
The Kerala High Court has directed the Debt Recovery Tribunal Advocates Association, the Union Government, and the Registrar of DRT to submit statements with their suggestions on how to best utilize the available space for the benefit of lawyers practising in DRT, ErnakulamJustice V G Arun directed the parties to specifically address the issue of providing toilet facilities for female...