Kerala High Court Monthly Digest: November 2024 [Citations: 687-765]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 687- 765]Babu K Korah v State of Kerala, 2024 LiveLaw (Ker) 687X v State of Kerala and Anr, 2024 LiveLaw (Ker) 688Dr K Jayaprasad v Dr Jitha S R, 2024 LiveLaw (Ker) 689Indian Broadcasting And Digital Foundation V The Telecom Regulatory Authority Of India, 2024 LiveLaw (Ker) 690Anu S P v State of Kerala , 2024 LiveLaw (Ker) 691Ajith Pillai v State...

Candidate Who Undertakes Degree Course With Two Main Subjects Would Get Advantage Of Two Main Degrees: Kerala High Court

The Kerala High Court has stated that a candidate who underwent a degree course having two main subjects would get the advantage of two main degrees.In the facts of the case, a candidate who has a BA in Arabic and Islamic History from Calicut University was stated to be not eligible to apply for a post advertised by the Public Service Commission requiring a degree in Arabic, due to his dual...

POCSO Act Being Misused By Certain Persons To Wreak Vengeance Against Their Rivals: Kerala High Court

The Kerala High Court has observed that provisions of the POCSO Act were being misused by certain persons to wreak vengeance against their rivals with ulterior motives. It thus stated that the Courts must "segregate the grains from the chaff to analyse whether the allegations" make out a prima facie case or not for prosecution under the POCSO Act.Justice A. Badharudeen observed that the...

Mother Was 'Shocked' To Find Unmarried Daughter Pregnant, Delay In Reporting To Police Justified: Kerala HC Quashes Case U/S 19 POCSO Act

The Kerala High Court has held that the trauma and shock of a mother coming to know of her minor, unmarried daughter's pregnancy is a justifiable reason for delay in informing the POCSO offence to the police. Justice A. Badharudeen observed that in one way the mother can also be considered the victim of the crime and thus, prosecuting her under Section 19 of the Act is like “putting...

Registrar Of Co-Operative Societies Must Provide Information Under RTI Act Provided It Is Not Exempt From Disclosure: Kerala HC

The Kerala High Court has said that if the Registrar of Co-operative Societies has access to the information requested by an applicant under the Right To Information Act, and if the information is not exempt from disclosure under Section 8(1) of the Act, the official is obligated to provide that requested information to the applicant.In the case before the high court, an application under the...

High Court Directs Kochi Municipal Corporation To Nominate Custodian For Living Will Of Retired Doctor Within A Week

The Kerala High Court on Monday (December 2) directed the Kochi Municipal Corporation to nominate a custodian for the Living Will of retired doctor Martha Jacob, within a week.The 70 year old had moved the High Court to appoint a custodian for her living will. She suffered a stroke in 2023 and her mobility has been severely restricted after that. She in her living will had given directions to...

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC

The Kerala High Court has held that the pendency of maintenance proceedings before the Family Court under Section 125 of the CrPC would not affect the jurisdiction of the Maintenance Tribunal from ordering residence to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007.Justice D. K. Singh observed that the 2007 Act was enacted to prevent the...

Have Some Respect For The Dead: Says Kerala HC Orally, Suggests Mediation For Dispute On Donation Of CPI(M) Veteran MM Lawrence's Body

Suggesting mediation with respect to the dispute over donation of deceased former CPI(M) veteran M. M. Lawrence's body, the Kerala High Court on Tuesday (December 3) orally remarked that there must be respect shown to the person who has passed away. The court was hearing Lawrence's daughter Asha Lawrence who had preferred an appeal against the decision of Single Bench allowing the donation...

Unjustified For Bank To Proceed Against Property Based On Prior Settled Mortgage, When No New Mortgage Was Created: Kerala High Court

The Kerala High Court has observed that it was not appropriate to proceed against the property of a guarantor who has not created mortgage over the property as collateral, merely because the guarantor had previously acted as a surety in another mortgage that has already been settled.In the case before the high court, the petitioner company mortgaged its property to avail itself of a...

Bathing Of Pilgrims In Pamba River, Erumeli Stream In Sabarimala Is Prohibited: State Tells Kerala High Court

The Kerala High Court has directed the District Collectors of Pathanamthitta, Idukki and Kottayam to ensure that necessary steps are taken to ensure a safe and secure pilgrimage to Sabarimala pilgrims ahead of the Mandala-Makaravilakku festival season of 2024-25.The government informed the Court that bathing of pilgrims in Pamba and in the Erumeli stream has been prohibited. It was...

Kerala High Court Grants Bail To Former CPI (M) Municipal Councillor, Another In Alleged Karuvannur Bank 'Scam' Case

The Kerala High Court on Monday (December 2) granted bail to the former CPI(M) Municipal Councillor of Vadakkanchery Municipality Aravindakshan P. R. accused in the Karuvannur Bank Scam case investigated by the Enforcement Directorate. Justice C. S. Dias also granted bail to the former Senior Accountant of the Bank, Jilise C. K. Both of them were alleged to have committed offences...

Modesty Of Woman Is Outraged When Action Of Offender Could Be Perceived As Being Capable Of Shocking Her Sense Of Decency: Kerala High Court

The Kerala High Court has held that an offence of outraging the modesty of a woman under Section 354 of the IPC is attracted when the offender's action is such that it would be perceived as capable of shocking a woman's sense of decency.In this case, the President of the Parent Teachers Association (PTA) of an upper primary school was accused of using obscene language and outraging the modesty...