Kerala High Court Weekly Round-Up: July 1 – July 7, 2024

Nominal Index {Citations 2024 LiveLaw (Ker) 397 – 417]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.,...

Onerous Conditions Not Necessary When Accused Seeks To Renew Passport Without Permission To Go Abroad: Kerala High Court

The Kerala High Court has held that onerous conditions are not necessary to be imposed when an accused in a pending criminal case approaches the Court merely for renewal/re-issuance of passport, without seeking permission to go abroad.Justice A. Badharudeen ordered thus: “Since prayer is for re-issuance/renewal of the passport, it seems that the conditions imposed by the learned Magistrate...

POCSO Act Often Misused To Settle Personal Scores, Even In Matrimonial Disputes False Accusations Made To Deny Custody To Father: Kerala HC

The Kerala High Court has cautioned the Police officers as well as Courts to be vigilant against people with ill motivations who misuse the provisions of Prevention of Children from Sexual Offences Act (PoCSO Act) to settle personal scores. The Court said that the Act has harsh provisions and severe punishments, and it is misused by some people to implicate innocent persons.The Court said...

Penalty U/S 31 DV Act Though Confined To 'Protection Orders', Can Be Imposed Where Such Order Is In Addition To Residence Order: Kerala HC

The Kerala High Court has held that the penalty for breach of a 'Protection Order' passed under Domestic Violence Act is applicable even if such order also recognizes the woman's right to a 'Shared Household'.Section 18 of the DV Act pertains to protection orders and Section 19 pertains to residence orders. Ordinarily, an order falling within the category of a residence order does not qualify...

Domestic Violence Act | Order Of 'Alternate Residence' Can Be Made Instead Of 'Shared Residence' If Interest Of Both Parties Served: Kerala HC

The Kerala High Court has held that if an order of residence will completely negate and annihilate the rights of the respondent, the court can order for alternate residence if it will protect the rights of both parties.Justice P. G. Ajithkumar observed:“If an order of residence would result in total negation and annihilation of the rights of the respondents and an alternate arrangement...

Temple Dance Forms Of 'Kootu', 'Koodiyattam' Are Religious Ritual Ceremony, Performance Cannot Be Altered Without Tantris Consent: Kerala HC

The Kerala High Court held that temple dance art forms 'Koothu' and 'Koodiyattam' are religious and ritual ceremonies and whether they can be performed by other Hindu artists apart from members of a certain family are matters to be decided by the Tantris of the Temple. The Court stated that Devaswom Managing Committee cannot make performance alteration decisions without the consent of...

[SARFAESI Act] Nature Of Secured Asset Continues To Remain Same Even After Being Purchased By Secured Creditor: Kerala High Court

The Kerala High Court held that a 'secured asset' continues its nature of 'secured asset' even after it is bought by the secured creditor. The Secured creditor can move under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), the Court said.Justice N. Nagaresh observed that in Balakrishna Rama Tarle Dead through...

Kerala High Court Lays Down Guidelines Fixing Time Limit For Statutory Authorities To Pass Orders In Matters Where Hearing Is Concluded

The Kerala High Court formulated guidelines related to passing orders by statutory authorities in matters where hearing is already concluded. The Court directed that orders should be passed within 30 days after the hearing is concluded in appeals, revisions and other statutory proceedings. If the order is passed after one month, the order should mention the reason for the delay. Further, if...

Kerala High Court Calls Railways A "Bulk Waste Generator", Says It Must Take Responsibility To Clear Railway Tracks & Sidings

The Kerala High Court said that the Railways will have to be regarded as a 'bulk waste generator' as most of the waste found throughout the tracks seems to be from the trains. The Court observed that Railways has a duty to prevent the disposal of waste on the tracks.The Court said that the waste disposed on the tracks flows into water bodies causing substantial environmental damage. Though...

Long Lasting Provocation Not 'Sudden Provocation': Kerala HC Upholds Framing Of 'Murder' Charge Against Accused In Dr Vandana Das Case

The Kerala High Court has upheld the order of the trial court disallowing the discharge application of Sandeep, booked for the murder of Dr Vandana Das. The Court stated that the prosecution materials prima facie substantiate the framing of charges under Section 228 of CrPC against Sandeep to proceed with the trial.Dr Vandana Das, the 23-year-old house surgeon was stabbed to death by Sandeep...

[Masala Bonds Case] ED Summons Illegal, Individuals Need Greater Protection Than Statutory Bodies: Ex-Finance Minister Dr Thomas Isaac Tells Kerala HC

Former Finance Minister Dr Thomas Isaac submitted before the Kerala High Court that he is an individual citizen and requires greater protection than KIIFB which is a statutory corporation against the summons issued by the Enforcement Directorate (ED) in the 'masala bonds' case. It was submitted that the summons issued against Dr Isaac under the Foreign Exchange Management Act has...

Kerala High Court Quashes Order Demanding Late Fee For Delay In Filing GSTR-9C

The Kerala High Court has quashed the order demanding a late fee for delay in filing GSTR-9C.The bench of Justice Murali Purushothaman relied on the decision of Kerala High Court in the case of Anishia Chandrakanth v. the Superintendent, Central Tax & Central Excise, in which it was held that in view of Notification No. 07/2023-Central Tax and Notification No. 25/2023, there appears to be...