Kerala High Court Weekly Round-Up: September 30 - October 6, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 606-616]Praveen Prakash v State of Kerala, 2024 LiveLaw (Ker) 606Vaisakh @ Hari v State of Kerala and Others, 2024 LiveLaw (Ker) 607XXX v State of Kerala & Connected Matter, 2024 LiveLaw (Ker) 608N. Bhasurangan v The Assistant Director & Akhiljith J. B. v The Assistant Director, 2024 LiveLaw (Ker) 609E. Sreedharan v State of Kerala and Others,...

[Rule 83 Co-Operative Societies Rules] Registrar Can Set Aside Sale Of Property On Grounds Other Than Those Raised By Decree Holder: Kerala HC

The Kerala High Court observed that the decree-holder or any person whose interests are affected by the sale of a property to a credit-availing facility should approach the Registrar to set aside the sale on the grounds of material irregularity, mistake or fraud as per Rule 83 of the Kerala Co-operative Societies Rules. The Court further held that the Registrar has the authority to set aside...

Post Retirement Re-Entry Of Toddy Tappers In Welfare Fund Scheme Allowed Due To Scarcity Of Skilled And Experienced Persons: Kerala HC

The Kerala High Court has said that the scarcity of experienced and skilled toddy tappers in the State led to a crisis in the toddy industry, which became a reason for inserting Clause 33A in the Kerala Toddy Workers Welfare Fund Scheme, allowing them to re-enter the Scheme after retirement.Clause 33A, inserted by way of Kerala Toddy Workers Welfare Fund (Amendment) Scheme 2021, permits...

Criminal Appeals Once Admitted Cannot Be Dismissed For Non-Representation/ Non-Prosecution: Kerala High Court

The Kerala High Court held that if a Criminal Appeal is not summarily dismissed under Section 384 of the Code of Criminal Procedure (Cr.P.C), then it cannot be dismissed for non-representation or non-prosecution.Justice A. Badharudeen observed:“Thus the legal position emerges is that when an appeal is not summarily dismissed under Section 384 of Cr.P.C and the appellate court admits the...

Plea By Lawyer In Kerala High Court Seeks To Address Issues And Implement Suggestions Given In Justice Hema Committee Report

A plea has been moved before the Kerala High Court by a lawyer seeking directions from the Court to address the issues faced by women in the film industry and to implement the suggestions given in the Justice Hema Committee Report.The Justice Hema Committee Report was published on August 19, 2024 and the Committee's study revealed that women in the film industry face numerous issues,...

Is Pottukuthal Ritual An Essential Religious Practise In Erumely Dharma Shastha Temple? Kerala High Court Calls For Dewaswom Board's Response

The Kerala High Court has directed the Standing Counsel of the Dewaswom Board to get instructions as to whether pottukuthal is an essential religious practice in the Erumely Dharma Shastha Temple. The Bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar made this direction in a petition filed by two Ayyappa devotees challenging the notice inviting tender from private agencies...

Interest Earned On Funds Granted By Government, Kept In Bank Till Its Utilization Is Capital Receipt: Kerala HC

The Kerala High Court held that the 'interest income' on the short-term deposits of the funds infused by the Government, which are sanctioned for purpose of setting up of business, are in nature of 'capital receipt' and not 'revenue receipt'. The Division Bench of Justice Sathish Ninan and Justice Johnson John observed that “if the funds invested are not surplus funds as such,...

Kerala HC Calls For Reactivation Of Vigilance & Monitoring Committees At State, District And Divisional Levels To Prevent Unauthorized Quarrying

The Kerala High Court stated that there should be reactivation of Vigilance and Monitoring Committees at State, district and divisional levels to prevent and stop unauthorized and illegal quarrying in the State.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. hearing the suo moto case initiated after the Wayanad landslides, to prevent and manage...

Enactment Of Special Legislation Would Address Issues Faced By Women In Entertainment Industry: Kerala Women's Commission Tells High Court

The Kerala Women's Commission filed a counter affidavit before the High Court suggesting the enactment of a new legislation called the 'Kerala Entertainment Industry Equality and Empowerment Act' to address the issues women face in the entertainment industry. The State Government has also filed an affidavit before the Court suggesting the formulation of a new film policy in Kerala.The...

Media Airing Statements Which Lead Viewers To Believe That They Were Given By Victims To Justice Hema Committee Would Be Viewed Seriously: Kerala HC

The Kerala High Court issued a warning against the media personnel that it must not report any information relating to the Justice Hema Committee Report in such a way that it would create an impression in the mind of the viewers that such information was given by the victim before the Justice Hema Committee or the Special Investigation Team (SIT) constituted to probe offences disclosed in...

Usage Of 'Deaf And Dumb' Is Ethically And Technically Inaccurate, Instead Use 'Deaf', 'Hard Of Hearing': Kerala High Court

The Kerala High Court stated that the term 'Deaf and Dumb' is ethically and technically inaccurate and is now recognized as offensive. It also observed that the term 'Hearing Impaired' is no longer used since impaired means hindered or damaged.The present observations were made in an original petition in which the respondent is a hard-of-hearing person, and the original petition described her...

Attempt To Suicide To A Large Extent Is No Longer An Offence Due To The Enactment Of Mental Healthcare Act, 2017: Kerala High Court

The Kerala High Court has observed that since the enactment of the Mental Healthcare Act (MH Act), attempting suicide, to a larger extent is not an offence.Justice Bechu Kurian Thomas observed:“Decriminalizing attempts to commit suicide has been under consideration for the last several decades. Though section 309 IPC remained in the statute book, with the enactment of the MH Act in...