Kerala High Court Annual Digest 2024: Part II [Citations: 276-550]

Nominal Index Citations: [2024 LiveLaw (Ker) 276-550]M/S International Nut Alliance LLC v M/S Johns Cashew Co., 2024 LiveLaw Ker 276Muhammed Safeer P v. Regional Transport Officer and ors., 2024 LiveLaw Ker 277The KMML Retired Officers Association v The State of Kerala, 2024 LiveLaw Ker 278Sulochana v State of Kerala, 2024 LiveLaw Ker 279K Haridas v State of Kerala & Connected Matter, ...

Officers On Leave Without Allowance Can Lose Chance Of Promotion Only During The Period Of Leave, Not Thereafter: Kerala High Court

Kerala High Court has said that as per Rule 4 of Appendix XII A of Kerala Service Rules (KSR), officers who opt for Leave Without Allowance, can lose chances of promotion which may arise, only during the period of leave and not thereafter. The Rule states that Permanent officers and nonpermanent officers who have completed probation in their entry cadre in the regular service of Government may...

Kerala High Court Asks State To Determine Time Frame For Appointing Custodians For Living Wills In Local Self Government Institutions

The Kerala High Court on Thursday (January 9) asked the Government Pleader to apprise it about the time frame within which regulations can be framed for appointing custodians for living wills in all Local Self Government Institutions in the State.Justice C. S. Dias made the observation in a petition filed by a septuagenarian seeking a direction from the Court to appoint a competent officer...

Elephant Runs Amok At Tirur Event: Kerala HC Seeks Collector's Report, Asks State About 'Reasonable Distance' Between Elephant & Public

The Kerala High Court has sought a report from the Malappuram District Collector on an elephant reportedly running amok during the BP Angadi Nercha at Tirur on January 8, injuring 29 persons and killing one.The Division Bench comprising Justice A. K. Jayasankaran Nambiar and Justice Gopinath P. ordered that the report should include a comprehensive description of the incident, the...

Road Blockage: Kerala High Court Issues Notice Of Appearance To CPI(M) And Congress Members, State Officials

The Kerala High Court on Thursday (9th January) issued notice of appearance to various CPI(M) leaders, Congress activists and State officials for allegedly committing contempt of its directions by blocking public roads to conduct events.A Division Bench comprising Justices Anil K. Narendran and Muralee Krishna S. found prima facie case against the Respondents and issued notice.The contempt...

Kerala High Court Suggests Creation Of Website To Allow Citizens To Report Construction Of Unauthorised Banners/Boards

The Kerala High Court on Wednesday (8th January) suggested the creation of a website where citizens can upload complaints about unauthorized boards erected in the State. The observation was made by Justice Devan Ramachandran while hearing a 2018 plea concerning unauthorized boards/ banners in public places.The amicus curiae Advocate Harish Vasudevan informed the Court that at present, there is...

Kerala High Court Issues Bailable Warrant Against Additional Chief Secretary Of Health For Not Complying With Its Directive

The Kerala High Court on Wednesday (January 8) issued bailable warrant against Dr. Rajan N. Khobragade IAS, Additional Chief Secretary in the State's Health and Family Welfare Department for non-compliance of its 2023 order and non-appearance despite the direction of the Court. The Division Bench of Justice A. Muhammed Mustaque and Justice C. Jayachandran passed the above order while dealing...

Complainant Is Entitled To Her Own Section 164 CrPC Statement To Prefer A Protest Petition: Kerala High Court

The Kerala High Court has recently said that a complainant can seek her a copy of her own statement recorded under Section 164 CrPC in order to prefer a protest petition. The petitioner was the complainant in a case which was investigated by the CBCID. The CBCID filed a refer report/ final report in December 2023 (Ext P3) stating that the offence alleged has not been made out and requested...

Periya Double Murder Case: Kerala High Court Suspends Sentence Of Four CPI(M) Activists

The Kerala High Court on Wednesday (8th January) suspended the sentence of 4 convicts in the Periya double murder case, including the former CPI(M) MLA K. V. Kunhiraman.The Special CBI Court had found the former MLA K. V. Kunhiraman, K. Manikandan, Raghavan Velutholi (Raghavan Nair), K. V. Bhaskaran guilty of offence under Section 225 (resistance or obstruction to lawful apprehension of...

Mandate U/S 19 POCSO Act To Report Offence Is To Be Performed By A Person In Personal Capacity: Kerala HC Quashes Case Against Ex-CWC Head

The Kerala High Court (on December 20) observed that the mandate of reporting offences provided under Section 19 of the Protection of Children from Sexual Offences Act, 2012 is not of an official character and the person has to report it in his personal capacity.“Section 19 of the POCSO Act casts a mandate on any person to report the commission of an offence. The mandate to report does...

Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC

The Kerala High Court has observed that Section 19 of POCSO Act which mandates reporting of POCSO offence is not carved out as an exception to Section 197 CrPC which pertains to requirement of sanction to prosecute public servants. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings...

Calling A Woman's Body Structure "Fine" Prima Facie Sexual Harassment: Kerala High Court Refuses To Quash FIR

The Kerala High Court on Monday (January 6) observed that a man making comments about a woman's body structure calling it “fine” prima facie amounts to a sexually coloured remark.Justice A Badharudeen thus refused to quash the criminal proceedings initiated against the Petitioner for offences including Section 354A(1)(iv), 509 of the Indian Penal Code and Section 120 of the Kerala Police...