Kerala High Court Weekly Round-Up: December 23 - December 29, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 823 – 826 ]The Management Committee of Chempazhanthi Agricultural Improvement Co-operative Society and Another v The Assistant Registrar of Co-operative Societies, 2024 LiveLaw (Ker) 823XXX v Union of India and Others, 2024 LiveLaw (Ker) 824M/s Elstone Tea Estates Ltd. v State of Kerala And Connected Case, 2024 LiveLaw (Ker) 825Chavakkad Service Cooperative Bank vs. ITO, 2024 LiveLaw (Ker) 826Judgments/ Orders This WeekBanks Cannot Coerce Defaulters To Pay By Publishing Their Photos, It Violates Right To Privacy & Reputation : Kerala High CourtCase Title: The Management Committee of Chempazhanthi Agricultural Improvement Co-operative Society and Another v The Assistant Registrar of Co-operative SocietiesCitation: 2024 LiveLaw (Ker) 823The Kerala High Court held that a bank cannot publish the photo and details of defaulting borrowers to coerce them to repay loan. Justice Murali Purushothaman observed that such acts invade a person's right to live with dignity and reputation.Walayar Rape-Death | Kerala HC Dismisses Plea By Victims' Mother Challenging Integrity Certificate Granted To SP Over Allegedly Faulty ProbeCase Title: XXX v Union of India and OthersCitation: 2024 LiveLaw (Ker) 824The Kerala High Court on Tuesday (December 24) dismissed a petition by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police MJ Sojan, which is a requirement for conferring an officer with IPS cadre.Justice CS Dias observed that the State Government's home department had considered the matter in detail before issuing Integrity Certificate to Sojan.Kerala High Court Allows State To Acquire Nedumpala Estate and Elstone Tea Estate In Wayanad For Rehabilitation Of Landslide VictimCase Title: M/s Elstone Tea Estates Ltd. v State of Kerala And Connected CaseCitation: 2024 LiveLaw (Ker) 825The Kerala High Court on Friday (December 27) held that the State can take over the Nedumbala estate and Elstone tea estates in Wayanad for rehabilitation purposes post the July 30 landslide, under the Disaster Management Act, 2015 (DM Act). Justice Kauser Edappagath also said that the government shall determine the total amount of compensation to be awarded to the petitioners for taking over/acquiring the subject properties as per the provisions in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.No Penalty Can Be Levied U/S 271B Of IT Act If No Prejudice Is Caused To Dept On Account Of Belated Furnishing Of Audit Report: Kerala HCCase Title: Chavakkad Service Cooperative Bank vs. ITOCitation: 2024 LiveLaw (Ker) 826The Kerala High Court held that circumstances under which AO can absolve a taxpayer from payment of penalty u/s 271B are discernible from a reading of Sec 273B, which states that no penalty can be imposed on an assessee u/s 271B for breach of the provisions, if he proves that there was "reasonable cause" for the said failure.The Division Bench of Justice Dr. A. K. Jayasankaran Nambiar and Justice K V Jayakumar observed that no penalty shall be imposed on assessees u/s 271B, if no prejudice is caused to Revenue Department on account of any belated furnishing of audit report as per Sec 44AB.Other Important Developments This WeekKerala High Court Directs Formulation Of Grievance Redressal Mechanism For Victims Of Animal, Reptile AttacksCase Title: Cultural Academy For Peace and Another v State of Kerala and OthersCase No: WP(C) 45100 of 2024The Kerala High Court has asked the Kerala State Legal Service Authority (KELSA) to conduct a discussion with the Government to formulate guidelines and work out a grievance redressal mechanism for the victims of animal and reptile attacks.Justice C. S. Dias observed that there is an alarming number of animal and reptile attacks in the state, and yet there is no comprehensive legislation to address the issue.Kerala High Court Stops Sunburn Festival To Be Conducted In Wayanad On New Year's Eve Upon Plea By ResidentsCase Title: M. C. Mani and Another v State of Kerala and OthersCase No: WP(C) 45043 of 2024The Kerala High Court directed the Disaster Management authorities and other concerned authorities to ensure that the 'Sunburn Festival' is not conducted in Wayanad unauthorisedly. The event is advertised to be conducted in 'Boche 1000 Acres' at Chulika Estate in Wayanad on the new year's eve . Justice Ziyad Rahman A. A. took note of the fact that the organisers had not obtained the necessary permission. The Court also considered the enormity of the program and that it is proposed to be held in a landslide-prone area.Kerala High Court Convenes Special Sitting After Children In Ponnuruni Anganwadi Get Food Poisoning, Takes Note Of Waste Dumping In TirunelveliCase Title: Suo Motu v State of Kerala and OthersCase No: WP(C) No 7844 of 2023A special Bench of Kerala High Court comprising Justice Bechu...

Kerala High Court Weekly Round-Up: December 23 - December 29, 2024

Manju Elsa Isac

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