Kerala High Court Weekly Round-Up: November 25 - December 01, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 748-765]State of Kerala v Jayakrishnaraj G, 2024 LiveLaw (Ker) 748Baburaj Jacob v State of Kerala and Another, 2024 LiveLaw (Ker) 749The Federal Bank Ltd. v The Additional/ Joint/ Dputy/ Assistant Commissioner of Income Tax, 2024 LiveLaw (Ker) 750Pooja Anand v Ashokan K. and Another, 2024 LiveLaw (Ker) 751Georgekutty C X v Chairman and Managing Director, KSEB, 2024 LiveLaw (Ker) 752Master Jyothis Raj Krishna @ Jyothi Krishna v Sunny George & Connected Matter, 2024 LiveLaw (Ker) 753Shaju Jose v State of Kerala, 2024 LiveLaw (Ker) 754 Princy Mol v State of Kerala, 2024 LiveLaw (Ker) 755 Aaliya Ashraf v State of Kerala and Another, 2024 LiveLaw (Ker) 756Prasanna E.V. v. State of Kerala & Ors., 2024 LiveLaw (Ker) 757State of Kerala v P V Mohan & Connected Matter, 2024 LiveLaw (Ker) 758Muraleedharan Koncherillam v State of Kerala, 2024 LiveLaw (Ker) 759 Sunil Rajan K. v Inspector of Police and Another, 2024 LiveLaw (Ker) 761 Dr.Beena Bahuleyan v State of Kerala, 2024 LiveLaw (Ker) 762 Union of India and Others v Bhaskaran N., 2024 LiveLaw (Ker) 763 Bharat Prakashan (Delhi) Ltd. v CP Mohammed Basheer, 2024 LiveLaw (Ker) 764M/S. Cradle Calicut Maternity Care Pvt. Ltd v State of Kerala & Connected Case, 2024 LiveLaw (Ker) 765Judgments/Orders This WeekKerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt ServantsCase Title: State of Kerala v Jayakrishnaraj GCitation: 2024 LiveLaw (Ker) 748The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason.In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of Kerala Administrative Tribunal upholding his right to promotion since 2003.The Division Bench of Justice A.Muhamed Mustaque and Justice P. M. Manoj upheld the order of the Tribunal which found that he was entitled for promotion since 2003, since there was a vacancy of the Professor even prior to 2003 and that his name was on the select list published in 2002.'Inordinate Delay In Registering FIR', Kerala High Court Grants Anticipatory Bail To Malayalam Actor Baburaj In Sexual Harassment CaseCase Title: Baburaj Jacob v State of Kerala and AnotherCitation: 2024 LiveLaw (Ker) 749The Kerala High Court has allowed the anticipatory bail application moved by Malayalam film actor Baburaj in connection with allegations of sexual harassment that came to light following the Hema Committee report, with stringent conditions. The Court has directed actor Baburaj to surrender before the Investigating officer in ten days.The crime was registered against him at the Adimali police station in Idukki alleging rape and sexual harassment between January 01, 2018 to December 31, 2019.While allowing the bail application, Justice C S Dias referred to the decision in Siddique v State Of Kerala And Another, wherein Malayalam actor Siddique was granted bail by the Supreme Court on similar grounds of delay in lodging the FIR.Not Considering Income Tax Assessee's Request For Personal Hearing Violates Natural Justice: Kerala High CourtCase Title: The Federal Bank Ltd. v The Additional/ Joint/ Dputy/ Assistant Commissioner of Income TaxCitation: 2024 LiveLaw (Ker) 750The Kerala High Court held that the income tax authorities, by not considering a request for personal hearing has violated the principles of natural justice. Justice K. Babu observed that due to this violation, the orders passed without considering the assessee's request is bound to be set aside. “The adherence to principles of natural justice as recognized by all civilized States is of supreme importance when a competent statutory authority embarks on an action involving civil consequences. The fundamental principle is that no one should be condemned unheard.”Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High CourtCase Title: Pooja Anand v Ashokan K. and AnotherCitation: 2024 LiveLaw (Ker) 751The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC.Justice P. V. Kunhikrishnan in its order said that the fourth exception to Section 499 IPC says that, it is not defamation to publish a substantially true report of the proceedings of a court of justice or of the result of any such proceedings.Kerala High Court Quashes Punishment On Sub-Engineer At Kerala State Electricity Board Invoked Based On 'Factum Valet' DoctrineCase Title: Georgekutty C X v Chairman and Managing Director, KSEBCitation: 2024 LiveLaw (Ker) 752The Kerala High Court quashed the punishment imposed upon a Sub-Engineer of the Kerala State Electricity Board Limited ...

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024

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