[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court

The Kerala High Court has held that power under Section 323 CrPC to commit a case to the Sessions Court after commencement of inquiry/ trial may be invoked by the Magistrate only after recording its reasons by way of a speaking order.Justice P.V. Kunhikrishnan observed, “Since the words “it appears to him at any stage ..............” is used in Section 323 CrPC, it is clear that when...

Kerala High Court Weekly Round-Up: October 16 - October 22, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 567-588]Sasikumar V Ushadevi 2023 LiveLaw (Ker) 567Sanath Roy v State of Kerala 2023 LiveLaw (Ker) 568Narayanan v State of Kerala 2023 LiveLaw (Ker) 569Sathar K.A. v. The Revenue Divisional Officer (RDO) & Ors. Citation: 2023 LiveLaw (Ker) 570Niyas v. State of Kerala 2023 LiveLaw (Ker) 571AT v Union of India 2023 LiveLaw (Ker) 573PKV v AKA...

MSMED Act Does Not Prevail Over SARFAESI Act In Recovery Of Secured Assets: Kerala High Court

The Kerala High Court on Thursday held that provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (‘MSMED Act') would not prevail over those of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act') with respect to recovery of secured assets. It thus went on to state when any person is aggrieved by...

Claim For Promotion In Former Service To Be Raised At The Time Of Integration; Cannot Be Sought Later: Kerala High Court

The Kerala High Court has laid down that an employee cannot claim promotion in his/her former service, long after the integration of service and preparation of seniority list, for the purpose of reckoning seniority in the integrated service.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen reasoned that any claim for promotion in the former service ought...

Men Also Crumble, Look For Child's Support: Kerala High Court Holds Father As Son's Dependent For Determining Compensation Under MV Act

The Kerala High Court recently laid down that a father could also be treated as 'dependent' on his son to determine the personal expenses of the deceased son, while computing the compensation to be awarded under the Motor Vehicles Act. Justice Ziyad Rahman A.A. noted that while the dependancy of the father upon his son after the latter's wedding would be limited, that by itself would...

Kerala High Court Quashes Show Cause Notice Issued To KTU's Former VC Ciza Thomas

The Kerala High Court on Friday quashed the show cause notice issued to Dr. Ciza Thomas, who was temporarily appointed as the Vice Chancellor of the APJ Abdul Kalam Techological University, by the Chancellor of the University who is the Governor of the State. A show cause notice had been issued to Thomas as a prelude to the initiation of disciplinary proceedings against her by the...

[Employees Compensation Act] Employee Entitled To Interest On Medical Reimbursement From Date Of Claim U/S 4A: Kerala High Court

The Kerala High Court has stated that an employee is entitled to claim interest on medical reimbursement under Section 4A of the Employees Compensation Act, 1923 from the date of making claim before the Compensation Commissioner and not from the date of the accident.Justice Basant Balaji observed thus: “Therefore, I am of the considered opinion that the Commissioner has failed to award...

Can't Grant Judicial Separation As An Alternate Relief If Grounds For Divorce U/S 13 Hindu Marriage Act Not Proven: Kerala High Court

The Kerala High Court has recently held that if the grounds for divorce under Section 13 of the Hindu Marriage Act are not proven, the same grounds cannot be used for granting judicial separation as an alternate relief under Section 13-A.Relying on the decision in Snigdha Chaya Devi v. Akhil Chandra Sarma (1992), the Division Bench comprising Justice Anil K. Narendran and Justice Sophy...

Children Participating In 'Vidyarambham' Can't Be Forced To Write Or Recite Prayer Contrary To Their Parent’s Belief: Kerala High Court

The Kerala High Court has made it clear that parents would have the right to choose the first words to be written or recited by their children during Vidyarambham ceremony.In Kerala, Vidyarambham ceremony is usually conducted on the last day of Navaratri, i.e. on Vijayadashami day, to introduce young children to the world of learning and knowledge.Justice Devan Ramachandran observed that...

Paddy Land Act | Can't Dig Wells On Paddy Land For Commercial Purposes: Kerala High Court

The Kerala High Court held that digging a well on a paddy land for commercial purposes, such as extracting groundwater for manufacturing packaged drinking water, is not related to paddy cultivation and would thus be violative of the Kerala Conservation of Paddy Land and Wetland Act, 2008.Justice Bechu Kurian Thomas added that if water was drawn out from paddy lands for commercial purposes,...

Citizens Cannot Be Prosecuted For Defamation U/S 499, 500 IPC For Criticizing A Product/ Service On Facebook: Kerala High Court

The Kerala High Court has reiterated that Section 499 of IPC makes defamation against individuals as a punishable offence under Section 500 of IPC and not against criticism of any product or service. The Court noted that the provision deals with harm to reputation caused to any person and not product.Justice N. Nagaresh observed that criticism of a product or service cannot be considered to...

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court

The Kerala High Court on Tuesday condoned a delay of 25 days in filing an appeal under the Commercial Courts Act, 2015, on the ground that such delay had not resulted in any loss on the part of the opposite party. The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas though took note of the intent of the statute to have speedy disposal of commercial disputes,...