Kerala High Court Weekly Round-Up: February 19 - February 25, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 120-134]Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board 2024 LiveLaw (Ker) 120K C Ramachandran v State of Kerala & Connected Matters 2024 LiveLaw (Ker) 121 Lini v State of Kerala 2024 LiveLaw (Ker) 122 Arifa PK v. State of Kerala 2024 LiveLaw (Ker) 123 Kuttiyali v State of Kerala & Connected Matters 2024 LiveLaw (Ker) 124 Bethsaida Hermitage & Tourism (P) Ltd Versus State Tax Officer 2024 LiveLaw (Ker) 125 T.D.Sreejakumari v Union Bank Of India 2024 LiveLaw (Ker) 126 The State of Kerala & ors. v. K Aravindakshan Pillai 2024 LiveLaw (Ker) 127 Johny Kunnumpurath House V State of Kerala 2024 LiveLaw (Ker) 128 XXX v State of Kerala 2024 LiveLaw (Ker) 129 Greeshma @ Sreekutty v. The Deputy Superintendent of Police and ors. 2024 LiveLaw (Ker) 130 KK Krishnan v. State of Kerala & ors. 2024 LiveLaw (Ker) 131 MP Chothy v. Anilkumar & anr. 2024 LiveLaw (Ker) 132 K Mohandas v State of Kerala 2024 LiveLaw (Ker) 133 State of Kerala v Sudheer Kumar 2024 LiveLaw (Ker) 134Judgments/Orders this weekKerala HC Closes Plea Against Allegedly Objectionable Title Of 'Thankamani' Movie, Says CBFC Evaluation & Final Certification Still PendingCitation: 2024 LiveLaw (Ker) 120Case title: Biju V.R @ Biju Vaishyanparambil v Central Film Certification BoardCase number: WP(C) 2199/2024Justice Devan Ramachandran stated that the writ petition was filed anticipating an action over the title of the movie, but the CBFC has not granted final certification for the movie yet. “That said, when the Censor Board undertakes before this Court that they will verify the cinematographic movie, to ensure that all statutory requirements are fully complied with, it can only imply that the objections raised by the writ petitioner in this writ petition will also seize their mind appropriately”, stated the Court. The Court was hearing a plea relating to a new movie starring actor Dileep titled Thankamani which is based on a real-life incident that occurred in Thankamany village in Idukki district, in October 1986. [T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of TwoCitation: 2024 LiveLaw (Ker) 121Case title: K C Ramachandran v State of Kerala & Connected MattersCase number: Crl.A Nos. 172, 174, 176, 177, 178, 179, 180, 339, 403, 892 of 2014 and Crl.Appeal (Victim) No.571 of 2015The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 (punishment for murder) and Section 120B (criminal conspiracy) . It also sets aside the acquittal of the 10th and 12th accused and convicted them also under Sections 120B read with Section 302 IPC. The Court has directed the production of the accused before the Court for sentencing on February 26, 2024, at 10.15 am. The acquittal of other accused was also confirmed today.T P Chandrasekharan, who was a member of the Communist Party of India, Marxist, [CPI (M)] formed a new political party called the Revolutionary Marxist Party (RMP). According to the prosecution case, to wreck vengeance for the loss of the C.P.I (M) candidate at the Vatakara constituency in the Lok Sabha election, he was hacked to death on a public road on May 4, 2012.Kerala HC Grants Anticipatory Bail To Mother Who Allegedly Tried To Kill Her 14-Day-Old Baby Over Post-Delivery Mental Strain, Child's Custody Given To FatherCitation: 2024 LiveLaw (Ker) 122Case title: Lini v State of KeralaCase number: BAIL APPL. NO. 594 OF 2024Justice Sophy Thomas granted custody of the baby to the father for the time being since the mother was still undergoing psychiatric treatment post-delivery due to mental strain. The custody of the child was given to the father based on a report submitted by the Child Welfare Committee.“The custody of the child will be with the de facto complainant/father and his relatives for the time being. Child Welfare Committee, Palakkad has to supervise the welfare of the child while in the custody of the de facto complainant/father and his relatives and shall file periodic report to the jurisdictional court, once in two months”,stated the Court.State's Fundamental Duty To Ensure Citizens' Benefits Aren't Delayed: Kerala HC Orders Govt To Disburse Payment Under National Family Benefit SchemeCitation: 2024 LiveLaw (Ker) 123Case Title: Arifa PK v. State of Kerala Case Number: WP(C) No. 16642 of 2023 The Kerala High Court has directed the State government to disburse the eligible amount under National Family Benefit Scheme to a woman nearing 60 years age, stating that it is the State's fundamental duty to ensure that citizens are granted their benefits without any delay. “I am persuaded to issue this direction because, it is conceded unequivocally that the sanction for the said payment has already been authorised,” a single judge bench of Justice Devan Ramachandran said.The petitioner submitted the plea after failing to receive the amount under the scheme.Constitute...

Kerala High Court Weekly Round-Up: February 19 - February 25, 2024

Rubayya Tasneem

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