Kerala High Court Weekly Round-Up: December 30, 2024 - January 05, 2025

Nominal IndexThe Kerala State -Ex-Services League State Committee, Thiruvananthapuram v. Commissioner of Central Excise Customs and Service Tax, Trivandrum, 2024 LiveLaw (Ker) 827S. Safeer v. Cochin Port Trust, 2024 LiveLaw (Ker) 828Alan Benny v Bar Council of Kerala and Another, 2025 LiveLaw (Ker) 1Mrs. Suma Sunilkumar v. The State Medical Officer, 2025 LiveLaw (Ker) 2Judgments/ Orders This WeekCharitable Society Looking After Socio-Economic And Welfare Matters Of Ex-Servicemen, Their Families Can Levy Service Tax: Kerala HCCase Title: The Kerala State -Ex-Services League State Committee, Thiruvananthapuram v. Commissioner of Central Excise Customs and Service Tax, TrivandrumCitation: 2024 LiveLaw (Ker) 827The Kerala High Court stated that services by charitable society who look after socio-economic and welfare matters of ex-serviceman and their families is liable to service tax.The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “for an association like the assessee, the embarking on a transaction that is designed to earn income for its members, would have to be seen as a commercial venture and the assessee who embarks on such a venture, a 'commercial concern'.”Longevity Of Service Cannot Be Sole Reason For Claiming Regularisation: Kerala HCCase Title: S. Safeer v. Cochin Port TrustCitation: 2024 LiveLaw (Ker) 828 A single bench of Justice Harisankar V. Menon dismissed petitions by Cochin Port Trust firemen seeking regularisation and pay parity with permanent firemen. The court observed that the firemen were engaged only as Leave Reserve Pool (LRP) workers and were not entitled to regularisation or equal pay. Relying on Secretary, State of Karnataka v. Umadevi (3) [(2006) 4 SCC 1], the court ruled that regularisation requires strict adherence to judicial guidelines.Bar Councils Cannot Charge Fees To Verify Certificates Of Enrollment Applicants : Kerala High CourtCase Title: Alan Benny v Bar Council of Kerala and AnotherCitation: 2025 LiveLaw (Ker) 1The Kerala High Court held that the Bar Council of Kerala cannot collect money from applicants to get their certificates verified from the Universities and Examination Boards.The Division Bench of Justice Ziyad Rahman A. A. and Justice P. V. Balakrishnan noted that the Supreme Court in its earlier decision had directed the Universities and Exam Boards to verify the certificates without charging any fees. As per this decision, the requisition to get the certificates verified should be done by the respective State Bar Councils.ESI's Refusal To Reimburse Medical Expenses On Minor Technical Grounds Arbitrary: Kerala HCCase Title: Mrs. Suma Sunilkumar v. The State Medical OfficerCitation: 2025 LiveLaw (Ker) 2A Single Judge Bench of Honourable Mr. Justice C.S. Dias of the Kerala High Court ruled against the Employees State Insurance Corporation (ESIC) in a medical reimbursement case. The court held that ESIC's refusal to reimburse expenses for an emergency liver transplantation on grounds such as non-submission of an 'emergency certificate' was hyper-technical and arbitrary. It ruled that once the factum of treatment is established and supported by certified records, reimbursement cannot be denied for minor procedural technicalities.Other Important Developments This Week'Mridanga Vision' Proprietor Moves Kerala HC Seeking Anticipatory Bail Over Accident At Event Which Injured MLA Uma ThomasCase Title: Nigoshkumar M. v State of KeralaCase No: BA 11343/ 2024Nigoshkumar M., the sole proprietor of 'Mridanga Vision' has moved the Kerala High Court seeking anticipatory bail over the accident caused to Thrikkakara MLA Uma Thomas.Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC ApplicantsCase Title: O. Abdurahman v State of Kerala and AnotherCase No: Crl.MC 11077 of 2024The Kerala High Court on Tuesday (December 31) stayed further proceedings in connection to notices issued by the police's Crime Branch to Malayalam language newspaper Madhyamam Daily asking it to reveal how it accessed a note by the Kerala Public Service Commission (KPSC) which is stated to have said that the name and password of several PSC applicants were available on the dark web.Justice K. V. Jayakumar while issuing notice on the plea said, "There shall be an interim stay of all further proceedings in connection with Annexures B and D notices issued by the 2nd respondent, for a period of two weeks". The Public Prosecutor took notice for the respondents and sought time for getting instructions.Kerala High Court Directs 'Mridanga Vision' Proprietor's Surrender In Connection With Event Where MLA Uma Thomas Was InjuredCase Title: Nigoshkumar M. v State of KeralaCase No: BA 11343/ 2024The Kerala High Court on Tuesday (December 31) directed the sole proprietor of Mridanga Vision, Nigoshkumar M to surrender before the investigation officer on January 2 (Thursday), while disposing of his anticipatory...

Kerala High Court Weekly Round-Up: December 30, 2024 - January 05, 2025

Manju Elsa Isac

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