Kerala High Court Weekly Round-Up: February 17 - 23, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 112 – 130 ]Sajeevan Swamy v Johnson and Others, 2025 LiveLaw (Ker) 112Hareesh M. S. v The Kerala State Financial Enterprises Ltd. and Others, 2025 LiveLaw (Ker) 113Mrs Shinu K R v State of Kerala & Connected Case, 2025 LiveLaw (Ker) 114The Kerala Film Exhibitors Federation v. State of Kerala, 2025 LiveLaw (Ker) 115Sadanandan v State of Kerala & Connected Case, 2025 LiveLaw (Ker) 116Fathima v Vappinu, 2025 LiveLaw (Ker) 117Sheeba Suresh v State of Kerala and Others, 2025 LiveLaw (Ker) 118Mohammed Sajjid v State of Kerala, 2025 LiveLaw (Ker) 119Sobhanakumari v State Of Kerala, 2025 LiveLaw (Ker) 120C. Krishnankutty Nair v Principal Secretary and Others, 2025 LiveLaw (Ker) 121A. K. Thankappan v State of Kerala & Connected Case, 2025 LiveLaw (Ker) 122Suo Moto v State of Kerala, 2025 LiveLaw (Ker) 123Joint Commissioner (Intelligence and Enforcement) v. M/s Lakshmi Mobile Accessories , 2024 LiveLaw (Ker) 124P C George v State of Kerala, 2025 LiveLaw (Ker) 125Sreekala K. v Central Bureau of Investigation and Others, 2025 LiveLaw (Ker) 126Rahul Easwar v State of Kerala, 2025 LiveLaw (Ker) 127Dr. Hafeez Rahman P. A. v State of Kerala and Others, 2025 LiveLaw (Ker) 128Manu Kumar M K V State of Kerala, 2025 LiveLaw (Ker) 129The Deputy Commissioner (Intelligence) v. Minimol Sabu, 2025 LiveLaw (Ker) 130Judgments/ Orders This WeekIn Ex-Parte Proceedings, Court Is Not Expected To Blindly Pass Orders In Favour Of The Party Which Is Present: Kerala High CourtCase Title: Sajeevan Swamy v Johnson and OthersCitation: 2025 LiveLaw (Ker) 112The Kerala High Court has held that in ex-parte proceedings, a Court can pass an order in favour of the party present only if they can successfully establish their rights or the liability of the opposite party. The Division Bench comprising of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar added that the court is not expected to blindly pass an order in favour of the party present.ICC Cannot Proceed With A Complaint Under POSH Act If It Does Not Contain Allegation Of Sexual Harassment: Kerala High CourtCase Title: Hareesh M. S. v The Kerala State Financial Enterprises Ltd. and OthersCitation: 2025 LiveLaw (Ker) 113The Kerala High Court held that an Internal Complaints Committee cannot proceed with a compliant if the allegations made in it does not constitute 'sexual harassment' under Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Justice D. K. Singh said that in such cases, the jurisdictional fact for taking cognizance does not exist.Appointment As Govt Pleader Or Public Prosecutor Not A 'Right', No Reservation Provided For Persons With Benchmark Disabilities Under RPwD Act: Kerala HCCase Title: Mrs Shinu K R v State of Kerala & Connected CaseCitation: 2025 LiveLaw (Ker) 114The Kerala High Court has ruled that reservation to persons with benchmark disabilities under Section 34 of the Rights of Persons with Disabilities Act, 2016 cannot be extended while appointing government pleaders and public prosecutors, as they do not have a specific cadre strength, and therefore, no vacancies within a cadre where such reservations can be applied.Justice D.K. Singh observed that appointment of advocates as Government Pleaders or Public Prosecutors is a decision of the Government, as they are the client here. It was also stated that no one has an inherent right to claim appointment as Government Pleaders or Public Prosecutors.Cess Levied On Cinema Tickets U/S 3C Of Kerala Local Authorities Entertainment Tax Act Is Constitutionally Valid: Kerala High CourtCase Title: The Kerala Film Exhibitors Federation v. State of KeralaCitation: 2025 LiveLaw (Ker) 115The Kerala High Court has stated that cess levied on cinema tickets under Section 3C Of Kerala Local Authorities Entertainment Tax Act is constitutionally Valid.“Cess can also mean a tax levied for a special purpose or as an increment to the existing tax and, in given circumstances, a fee. In the case at hand, entertainment tax is already levied under the Act of 1961 and the Cess under Section 3C is an additional levy. Thus, the contention of the Assessee that under Entry 62 of List II of Schedule VII to the Constitution of India, only tax can be levied, and Cess cannot be levied is without merit” stated the Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu.Political Parties Must 'Finish' Opponents On Electoral Battlefield, Norm Of Attacking Rivals Must Be Strictly Dealt With: Kerala High CourtCase Title: Sadanandan v State of Kerala & Connected CaseCitation: 2025 LiveLaw (Ker) 116The Kerala High Court has increased the fine amount from rupees 25,000 to 50,000 for eight CPI(M) leaders and workers who attacked C. Sadanandan Master, which led to the amputation of his legs. The attack took place due to the political rivalry between CPI (M) and RSS workers, since Sadanandan Master, a former SFI member in college,...

Kerala High Court Weekly Round-Up: February 17 - 23, 2025

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