Kerala High Court Weekly Round-Up: November 4 – November 10, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 690 – 707]Indian Broadcasting And Digital Foundation V The Telecom Regulatory Authority Of India, 2024 LiveLaw (Ker) 690Anu S P v State of Kerala , 2024 LiveLaw (Ker) 691Ajith Pillai v State of Kerala , 2024 LiveLaw (Ker) 692Asha v State of Kerala and Another, 2024 LiveLaw (Ker) 693Sreekumar Menon v State of Kerala and Another, 2024 LiveLaw (Ker) 694B. Aboobacker and Another v State of Kerala, 2024 LiveLaw (Ker) 695The Kerala State Government Ayurveda Medical Officers' Association Represented By Its General Secretary v State of Kerala, 2024 LiveLaw (Ker) 696T K Makkar v Meeravu Haji, 2024 LiveLaw (Ker) 697State of Kerala v Sreenath and Others, 2024 LiveLaw (Ker) 698X v State of Kerala, 2024 LiveLaw (Ker) 699C. V. John v Mani C. Kappan, 2024 LiveLaw (Ker) 700Dejo Kappan V Deccan Herald & Connected Cases, 2024 Live Law (Ker) 701Baby Joseph v State of Kerala and Connected Cases, 2024 LiveLaw (Ker) 702XX v State of Kerala and Another, 2024 LiveLaw (Ker) 703Malayalam Communications Ltd. v K C Venugopal and Anr. & Connected Case, 2024 LiveLaw (Ker) 704Appu Nair and Anr. v State of Kerala and Others, 2024 LiveLaw (Ker) 705Superintendent of Police and Others v V. V. Kumaran, 2024 LiveLaw (Ker) 706S. Gopalakrishnan Potti v State of Kerala and Another, 2024 LiveLaw (Ker) 707Judgments/ Orders This WeekConstitutional Courts Not Equipped To Handle Specific Subjects For Which Specialised Tribunals Are Needed: Kerala High CourtCase Title: Indian Broadcasting And Digital Foundation V The Telecom Regulatory Authority Of IndiaCitation: 2024 LiveLaw (Ker) 690While hearing a challenge to a telecommunication tariff order, the Kerala High Court said that while only the Constitutional Courts possess the power to enforce fundamental rights, an expert body like the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), can exercise judicial review over those fundamental rights.A division bench of Justice A Muhamed Mustaque and Justice P M Manoj was considering an appeal against a single judge bench's order containing a challenge to certain provisions of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 and the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 of the Telecom Regulatory Authority of India (TRAI).Kerala Public Service Commission Not Empowered To Conduct Enquiry To Determine Applicant's Caste Status: High CourtCase Title: Anu S P v State of Kerala Citation: 2024 LiveLaw (Ker) 691The Kerala High Court has observed that the Kerala Public Service Commission (KPSC) is not empowered to conduct an enquiry to determine an applicant's caste status.The Division Bench of Justice A.Muhamed Mustaque and Justice P.M. Manoj stated that an affected authority like the issuing authority is capable of effectively assessing and addressing potential fraud or misrepresentation regarding applicant's caste status, rather than the KPSC.Watching Woman Or Capturing Her Images Not Voyeurism U/S 354C IPC Unless In Circumstances Where She Would Expect Privacy: Kerala High CourtCase Title: Ajith Pillai v State of Kerala Citation: 2024 LiveLaw (Ker) 692The Kerala High Court has held that the offence of voyeurism under Section 354C of IPC will not attract when a woman's photos were clicked by two men, while she was standing in front of her house without any secrecy.Justice A. Badharudeen made it clear that the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under the provision.Subsequent Police Report Not Invalid Merely Because Court's Permission For Further Investigation Was Not Taken: Kerala High CourtCase Title: Asha v State of Kerala and AnotherCitation: 2024 LiveLaw (Ker) 693While hearing plea to quash an FIR containing allegations of attempt to murder, the Kerala High Court held that an additional or a subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation.A single judge bench of Justice A. Badharudeen held that though the practice of seeking permission before conducting further investigation is upheld by judicial decisions, none of those decisions hold that a final report based on such further investigation is "non-est".Kerala High Court Quashes Criminal Case Against Film Director Sreekumar Menon Filed By Film ActressCase Title: Sreekumar Menon v State of Kerala and AnotherCitation: 2024 LiveLaw (Ker) 694The Kerala High Court quashed the case against film and ad director Sreekumar Menon by prominent Malayalam movie actress. Justice S. Manu found that the offences alleged against him is unsustainable based on the allegations made against the director.Police Officer's Testimony Not Infirm Merely Because He Belongs To The Force, Can Be Basis Of Conviction If Evidence Is Reliable: Kerala HCCase Title: B. Aboobacker ...

Kerala High Court Weekly Round-Up: November 4 – November 10, 2024

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