Kerala High Court Weekly Round-Up: August 12- August 18, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 523-535]K P Aliyar v State of Kerala, 2024 LiveLaw (Ker) 523Malayala Manorama Co. Ltd v State of Kerala, 2024 LiveLaw (Ker) 524Shaji M. v State of Kerala, 2024 LiveLaw (Ker) 525K. P. Mohammed Mustafa v Najeeb Kanthapuram and Others, 2024 LiveLaw (Ker) 526Shiyas S v State of Kerala, 2024 LiveLaw (Ker) 527Sayyid Imbichi Koya Thangal @ Bayar Thangal...

Hema Commission Report : Kerala High Court Declines Actor Ranjini's Third Party Appeal, Allows Her To File Fresh Writ Petition

The Kerala High Court today dismissed the writ appeal filed by actor Ranjini challenging the decision of a single bench of the Court allowing the publication of Justice Hema Committee Report on the conditions faced by women in the Malayalam film industry.Noting that Ranjini was not a party to the writ petition filed by Producer Sajimon Parayil (in which the impugned judgment was delivered),...

OTS Benefit Can't Be Denied After Accepting Delayed Installment: Kerala High Court Asks SBI To Release Title Deeds

The Kerala High Court has directed the State Bank of India to release the title deeds of a residential property mortgaged by a petitioner on payment of outstanding debts under the One Time Settlement (OTS) Scheme.The Bank did not confer the benefit of the OTS Scheme to the petitioner, citing a delay in payment of the second instalment within the stipulated time. Justice Dinesh Kumar...

Applications For Condonation Of Delay, Should Not Be Too Hyper-Technical: Kerala High Court

The Kerala High Court has held that the applications for condonation of delay should have been considered without being too hyper-technical and in a judicious manner.The bench of Justice Gopinath P. has observed that the delay in filing the audit report in Form-10B can at best be 30 days, as the law only requires that the audit report be uploaded at least a month before the due date for...

Kerala High Court Dismisses Petition Challenging Hindi Titles To New Criminal Laws

The Kerala High Court dismissed the petition challenging the Hindi titles given to the 3 new criminal Acts.The judgment was delivered by Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu.Adv. Jeevesh had filed this petition alleging that Hindi titles to these Acts can cause confusion, ambiguity and difficulty for the legal community of non-Hindi/ non – Sanskrit speakers and...

Resolve Private Disputes Through ADR Methods So That Courts Can Focus On Larger Public Issues: Justice Muhamed Mustaque

Acting Chief of the Kerala High Court, Justice A Muhamed Mustaque, said that the time and resources of Courts must be used for issues concerning larger public interest rather than addressing private disputes. He stated efforts should be taken to resolve private issues using other dispute resolution methods so that Courts can look at matters involving larger public interests.Justice Mustaque...

'Ex-Army Officer & Celebrity Needs To Be Careful': Kerala High Court Refuses To Quash Case Against Major Ravi For Remarks Against TV Anchor

The Kerala High Court refused to discharge former army officer and Malayalam movie director A. K. Raveendran, also known as Major Ravi, in a criminal case over making sexually coloured remarks against a TV news anchor.The Court remarked that the petitioner, who is a celebrity and a former army officer, should be careful while making statements as common people watch him and his words.Justice...

Actress Ranjini Moves Kerala HC Challenging Publication Of Justice Hema Commission Report, Says She Gave Statements Under Promise Of Confidentiality

Malayalam film actress Ranjini has approached the Kerala High Court challenging a decision of a single bench of the Court allowing the publication of Justice Hema Committee Report on the conditions faced by women in the Malayalam film industry.The actress claimed that she had given statements to the Committee under the promise of confidentiality. The appeal was placed before the bench of...

To Attract Offense U/S 111(1) BNS Two Or More Persons Must Carry Out Continuous Unlawful Activity Leading To More Than One Chargesheet Within Last 10 Yrs: Kerala HC

The Kerala High Court allowed the bail application of the petitioner who was arrayed as 1st accused for allegedly committing an offence of organized crime under Section 111(1) of the Bharatiya Nyaya Sanhita, 2023.Section 111 (1) of the BNS defines organised crime as a continuing criminal activity committed by a member of an organized crime syndicate or on behalf of such syndicate. Section...

Section 354A IPC Not Attracted On Alleged Sexual Harassment Of A Woman By Another Woman: Kerala High Court

The Kerala High Court has quashed the proceedings initiated by a woman under Section 354A of the IPC alleging sexual harassment by her sister-in-law and mother-in-law.The sister-in-law (3rd accused) and mother-in-law (4th accused) of the de facto complainant had approached the High Court seeking to quash the offences alleged against them under Sections 498A (husband or relative of husband of...

Kerala High Court Seeks State Govt's Response On Vulnerable Areas Prone To Natural Disasters In Wayanad

The Kerala High Court has sought information from the State Government about other vulnerable areas in Wayanad that are prone to natural disasters due to the heavy rains.The Court passed the above order in the suo moto case initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.The division bench comprising Justice A.K.Jayasankaran...

No Parent Would File False Case Alleging Rape Of Unmarried Daughter: Kerala High Court

The Kerala High Court recently observed that in normal human conduct, no parent would lodge a false case alleging that their unmarried daughter was raped.The Division Bench comprising Justice P B Suresh Kumar and Justice M B Snehalatha thus upheld the conviction of a 27-year-old man for raping and sexually abusing the victim and condoned the six-month delay in filing the FIR, given that...