Kerala High Court Weekly Round-Up: May 27 – June 02, 2024

Citations: 2024 LiveLaw (Ker) 305 To 2024 Livelaw (Ker) 325Nominal Index Musthafa & Others v State of Kerala & Others, 2024 LiveLaw Ker 305Dr Rema M v The Director Of Collegiate Education And Others & Connected Matter, 2024 LiveLaw Ker 306Sobhin Sunny v State of Kerala, 2024 LiveLaw Ker 307Bharat Raj Meena v Central Bureau of Investigation, 2024 LiveLaw Ker 308Abu @Abdulla v State...

Vloggers Recording Video Inside Driver Cabin Of Moving Vehicles To Be Booked Under Motor Vehicles Act: Kerala High Court

The Kerala High Court has directed the Enforcement Officers in the Motor Vehicles Department to collect videos of extensively modified and altered vehicles by registered owners or vloggers uploaded on online video platforms like YouTube.The Court further directed that vloggers who record video inside the driver's cabin of the moving vehicle disturbing the driver's concentration and...

Claim For Sales Tax Exemption In Respect Of Transit Sales To Be Justified By Showing Sale As Having Occurred In Transit: Kerala High Court

The Kerala High Court has held that a claim for exemption in respect of transit sales must be justified by showing the sale as having occurred in transit.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that the petitioner/assessee cannot establish the transit sales by showing the sale as having occurred in transit since the E1 Forms relied on by...

Judge's Career Not Path Filled With Rose Petals : Justice Mary Joseph In Farewell Speech

Justice Mary Joseph is retiring from service as the judge of the High Court on the forenoon of June 02, 2024. A farewell function was arranged by the Kerala High Court for her on May 31,her last working day as a judge.“I come from a Humble beginning, so it is only fitting that I take my leave in a humble manner,” she said.She began her speech by saying that her heart is filled with...

Kerala High Court Issues Directions To Prevent Dumping Of Waste In Public Places, Set Up Plastic Bottle Collection Booths & Create Awareness In Schools

The Kerala High Court has issued directions to sensitize, create awareness and to prevent the public from dumping of waste onto public places.The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P. sought instructions from the state government about the steps taken to sensitize school students to avoid dumping waste in public places. The Court has also sought a...

PIL In Kerala High Court Seeks To Ban Transporation & Cultivation Of Arali Plant In State After Death Of Nurse

A public interest litigation was filed before the Kerala High Court to ban the use, transportation and cultivation of the Oleander plant (Arali) from the State.The petition was filed after the death of a nurse who died from a heart attack on April 28 allegedly caused by consuming Arali leaves. This matter has led to a discussion on whether Arali is safe to be used in pujas. Surya Surendran...

Lawyer Moves Kerala High Court Over Water Pollution In Ashtamudi Lake And Mangrove Forest Destruction

A plea has been moved before the Kerala High Court by Advocate Boris Paul, President of the Kollam Bar Association against waste dumping and illegal encroachments in the Ashtamudi lake causing water pollution and destruction of mangrove forests.Ashtamudi Lake in Kollam district is Kerala's second-largest wetland ecosystem. It is designated as a wetland of international relevance under the...

[Veterinary Student Death] Kerala High Court Grants Bail To 19 Students Accused Of Abetment To Suicide, Assault & Criminal Conspiracy

The Kerala High Court has granted bail to 19 students accused of committing abetment to suicide, criminal conspiracy and assault of Sidharthan J S, a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad. Sidharthan allegedly committed suicide on February 18, 2024, because of ragging and brutal assault from...

ESI Act | Mother Employed But Father Owns Institution; Is Daughter Entitled To 'Ward Of Insured Certificate'? What Kerala High Court Held

The Kerala High Court recently came across an "unusual" scenario where the daughter of an employee, insured under the Employee State Insurance Act was denied the "Ward of Insured Person Certificate" since her father owned the institution where her mother is employed.The question before the Court was that since the ESI scheme is intended for the benefit of low paid employees, whether the...

Certain Wives Levelling Vague Allegations To Haul Up In-Laws In Non-Bailable Offences: Kerala High Court Asks Courts To Be Careful

The Kerala High Court has remarked that many wives misuse Section 498A IPC in matrimonial disputes to wreak vengeance against the husband and parents, sisters, brothers and other relatives of the husband by raising vague and general allegations, without mentioning any specific instances of cruelty.It further observed that Section 498 A is misused with an ulterior motive to initiate...

Kerala High Court Grants Interim Anticipatory Bail To Film Director Omar Lulu In Alleged Rape Case

The Kerala High Court today granted interim anticipatory bail to film director Omar Lulu in an alleged rape case.Nedumbassery Police has lodged FIR under Section 376 of the IPC based on the complaint of the defacto complainant.Justice A. Badharudeen ordered that, “Since the submission of the learned Counsel for the petitioner is a matter to be considered in the facts of the case, there is...

Office Attached To Residential House Of Advocate Cannot Be Exempted While Calculating Plinth Area For Computing Luxury Tax: Kerala High Court

The Kerala High Court held that a room used by an advocate for study and office purposes attached to his residential house cannot be exempted while calculating the plinth area for computation of luxury tax under the Kerala Building Tax Act, 1975.It is to be noted that as per Section 5A of the Kerala Building Tax Act, 1975, a luxury tax is charged on a residential building if its plinth...