Kerala High Court Weekly Round-Up: August 26 – September 1, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 548 – 553]Benzy Martin v State of Kerala, 2024 Live Law (Ker) 548Muhammed Ramees v State of Kerala, 2024 Live Law (Ker) 549Ibrahim v Administrator, 2024 LiveLaw (Ker) 550Fact United Employees Liberation V The Fertilisers And Chemicals Travancore Limited, 2024 Live Law (Ker) 551Chirakkal Sankaran Nair v Ponguzhi Parambath Sreedharan Nair, 2024 Live Law (Ker) 552Suneera T v State of Kerala , 2024 LiveLaw (Ker) 553Judgments/ Orders This WeekKSFE Entitled To Resort To Revenue Recovery Proceedings Under Kerala Revenue Recovery Act, Not Barred By Chit Funds Act: Kerala High CourtCase Title: Benzy Martin v State of KeralaCitation: 2024 Live Law (Ker) 548The Kerala High Court has held that the Kerala State Financial Enterprises Limited (KSFE) is entitled to resort to revenue recovery proceedings under the Kerala Revenue Recovery Act 1968 for recovery of dues from subscribers as it has been designated as a notified institution under Section 71 of the Act.Accused Not Entitled To Materials Affecting Privacy Of Sexual Offence Victim On Ground That Her Identity Is Already Disclosed In Public: Kerala HCCase Title: Muhammed Ramees v State of KeralaCitation: 2024 Live Law (Ker) 549The Kerala High Court has recently reiterated that publishing any details which would affect the privacy of a victim of sexual assault is prohibited and to say that since her privacy has been disclosed in public by other publication modes would be enough to give the accused such details, would add "pepper" to the victim's wound.Police Lack Authority To Adjudicate Civil Disputes, Must Refer Parties To Competent Civil Court Or ADR: Kerala High CourtCase Title: Ibrahim v AdministratorCitation: 2024 LiveLaw (Ker) 550The Kerala High Court has observed that the police lack the power or authority to act as a Civil Court or to adjudicate civil disputes between the parties.Justice Kauser Edappagath observed that the police cannot adjudicate civil disputes relating to title, possession, boundary, or encroachment of land and it can only refer parties in civil disputes to a competent civil court or ADR for resolution of their disputes.Important To Hold Referendum For Multiple Trade Unions To Determine Which Union Commands Bargaining Power: Kerala High CourtCase Title: Fact United Employees Liberation V The Fertilisers And Chemicals Travancore LimitedCitation: 2024 Live Law (Ker) 551The Kerala High Court has held that when there are multiple registered trade unions, it is significant to determine which union must negotiate with the establishment to represent the interests of workmen to maintain industrial peace.It thus directed the Fertilisers And Chemicals Travancore Limited (FACT) to hold a Trade Union Referendum by secret ballot to determine the representative character of Fact United Employees Liberation, a Trade Union operating in FACT's Cochin Division.No Invariable Rule That Prescriptive Easement Right Of Way Can't Be Claimed Over Ridge Of Paddy Fields, Burden Lies On Claimant: Kerala HCCase Title: Chirakkal Sankaran Nair v Ponguzhi Parambath Sreedharan NairCitation: 2024 Live Law (Ker) 552The Kerala High Court has held that there is no absolute rule that prescriptive easement right of way cannot be claimed over ridges of paddy field. However, the Court stated that there is a heavy burden on the user who claims prescriptive easement right of way over ridges of paddy field as a matter of right, rather than as a permissive user.[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HCCase Title: Suneera T v State of Kerala Citation: 2024 LiveLaw (Ker) 553The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details.Other Important Developments This Week[Justice Hema Committee Report] Director V K Prakash Moves Kerala High Court Seeking Anticipatory Bail Amid Sexual Abuse AllegationsCase Title: V K Prakash v State of KeralaCase Number: Bail Appl No. 7180/2024Film director V K Prakash has moved an anticipatory bail application before the Kerala High Court over sexual abuse allegations made against him after the publication of the Justice Hema Committee Report, which deals with issues (including sexual demands) faced by women in the Malayalam film industry.Kerala High Court Suggests Govt To Come Up With Scheme Incentivising People For Collecting Plastic WasteCase Title: Suo Moto v State of Kerala and OthersCase No: WP(C) 7844/ 2023The Kerala High Court has suggested the State government to rope in the public in collecting plastic waste by incentivising them for the waste they collect. The Court said the...

Kerala High Court Weekly Round-Up: August 26 – September 1, 2024

Manju Elsa Isac

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