Kerala High Court
Kerala HC Refuses To Quash Criminal Case Against Lab Technician For 'Endangering Life' By Deviating From Test Method Prescribed By Doctor
The Kerala High Court has held that a lab technician can be held liable for negligence if they deviate from the test prescribed by the doctor on the ground that the test so prescribed was unavailable in their lab. Consequently, the Court refused to quash the final report alleging offence punishable under Section 336 (rash or negligent acts endangering human life) IPC against a lab worker,...
Kerala High Court Seeks State's Response In Plea For CBI Probe Into ADM Naveen Babu's Death, Calls For Case Diary
The Kerala High Court on Wednesday (November 27) directed the investigating officer to produce the case diary and file a statement regarding the investigation into death of former Kannur ADM Naveen Babu.Naveen Babu's wife had moved the High Court seeking CBI investigation into the death of her husband. The petition came before the bench of Justice Bechu Kurian Thomas.Naveen Babu was found...
Hema Committee Report: Kerala High Court Directs SIT To Nominate Nodal Officer To Prevent Witness Intimidation
The Kerala High Court has directed the Special Investigation Team, probing offences after publication of Justice Hema Committee Report, to nominate a nodal officer to prevent alleged intimidation and threatening of witnesses by the accused or other persons.The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha directed the SIT to publicize the name and contact details...
Sabarimala Pilgrimage | Kerala High Court Asks Authorities To Ensure That Pilgrims Are Not Charged Excessively By Eateries
The Kerala High Court directed the Duty Magistrates at Nilakkal, Pamba and Sanidhanan and Vigilance Wing Officers of Travancore Devaswom Board to see that Kuthaka holders are not charging price excessive of those fixed by the District Collector of Pathanamthitta. The Court said that if any kuthaka holder is charging excessive price, action should be taken against them.The District Collector...
Thrissur Pooram | Police Unwarrantedly Interfered In Pooram Rituals: Thiruvambady Devaswom Tells Kerala High Court
Thiravambady Devaswom in their written statements submitted before the Kerala High Court that there was interference from the part of the police in the ezhunellippu. The Devaswom submitted that the police interfered in the Ezhunelippu. They submitted that the police had blocked the roads to Swaraj Road and the people could not view or participate in the ezhunellippu.The Devaswom was replying...
ADM Naveen Babu's Wife Moves Kerala High Court Seeking CBI Probe, Says Possibility Of Homicidal Hanging Cannot Be Ruled Out
A plea has been moved before the Kerala High Court by the wife of deceased ADM Naveen Babu seeking a CBI investigation into her husband's tragic death.CPM Member and former Kannur district Panchayath President PP Divya who was accused of abetting the suicide of Naveen Babu was granted bail by the Thalassery Sessions Court in the first week of November. The plea stated that ADM Naveen Babu...
Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court
The Kerala High Court while dismissing a case for expunging the adverse remarks made against a police officer, observed that such remarks were absolutely necessary to take an appropriate decision in that order. Justice A. Badharudeen said that in such a case, it will be difficult to issue notice to the officer before making such observation."...such a finding by the learned Special Judge...
Kerala High Court Quashes Punishment On Sub-Engineer At Kerala State Electricity Board Invoked Based On 'Factum Valet' Doctrine
The Kerala High Court quashed the punishment imposed upon a Sub-Engineer of the Kerala State Electricity Board Limited (KSEBL) and exonerated him from all the charges for the delay in issuance of a provisional assessment order, which was imposed by the disciplinary authority by invoking the doctrine of Factum Valet. For context, the doctrine of Factum Valet which means that an act that was...
What Should Be The Notional Income Of A 5-Yr-Old Minor In A Motor Accident Claim? Kerala High Court Answers
The Kerala High Court has fixed the notional income at rupees 17, 325 per month for a 5-year-old minor boy, who has been in a state of paraparesis and lost his childhood since a 2016 accident.The Insurance Company challenged the Tribunal's decision to fix the notional income to rupees 8,000 per month. Justice Easwaran S. referred to Master Ayush v. The Branch Manager, Reliance General...
Kerala High Court Weekly Round-Up: November 18 – November 24, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 727 – 747]Nimija v State of Kerala, 2024 LiveLaw (Ker) 727Case Title: TNS India Pvt. Ltd. and Another v State of Kerala, 2024 LiveLaw (Ker) 728Aji v State of Kerala, 2024 LiveLaw (Ker) 729Visakh v State of Kerala and Another, 2024 LiveLaw (Ker) 730X v State of Kerala, 2024 LiveLaw (Ker) 731K K Damodaran & Co. v Union of India, 2024 LiveLaw...
Grants For Daily Expenses Are Not Consideration For Services Rendered By Assessee, Not Liable To Tax: Kerala High Court
The Kerala High Court stated that financial grants provided to the assessee for covering daily operational expenses do not qualify as payment (consideration) for any services that the assessee might be providing and are not liable to tax. The Bench of Justice Gopinath P. observed that “The assessee has only received grants to meet its day-to-day expenses including...
Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. Justice P. V. Kunhikrishnan in its order said that the fourth exception to Section 499 IPC says that, it is not defamation to publish a substantially true report of the...