Kerala High Court Weekly Round-Up: September 9 – September 15, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 565 – 578]Kerala Public Service Commission v Dinesh K M, 2024 LiveLaw (Ker) 565Case Title: P V Samuel v State of Kerala, 2024 LiveLaw (Ker) 566Binod B. Kumar and Another v Guruvayur Devaswom and Others, 2024 LiveLaw (Ker) 567Sreejith Mon v State of Kerala and Another, 2024 LiveLaw (Ker) 568Egadwa Mercy Adamba v State of Kerala & Connected Case, 2024 LiveLaw (Ker) 569V K Prakash v State of Kerala, 2024 LiveLaw (Ker) 570Jaison and Others v A. G. Korah and Another, 2024 LiveLaw (Ker) 571Sarath G Nair & Other Cases, 2024 LiveLaw (Ker) 572Noora v Union of India, 2024 LiveLaw (Ker) 573M/George & Sons v Union of India & Other Case, 2024 LiveLaw (Ker) 574M. J. Sojan v State of Kerala and Another, 2024 LiveLaw (Ker) 575Jaleel P v Union of India, 2024 LiveLaw (Ker) 576M A Vaheed v K K Lathika And Other Cases, 2024 LiveLaw (Ker) 577Fr. Joseph Kuzhinjalil v State of Kerala, 2024 LiveLaw (Ker) 578Judgments/ Orders This WeekPublic Service Commission Can't Demand Gazette Notification To Resolve Caste Name Discrepancy, Certificate From Revenue Sufficient: Kerala HCCase Title: Kerala Public Service Commission v Dinesh K MCitation: 2024 LiveLaw (Ker) 565The Kerala High Court has held that the Public Service Commission cannot require an applicant to provide a gazette notification to address discrepancies in caste name, to prove that the applicant belongs to a community different from the one listed on their Secondary School Leaving Certificate.Kerala High Court Declines To Quash Criminal Proceedings Against Man Booked For Uploading Allegedly Objectionable Video Against NunsCase Title: P V Samuel v State of KeralaCitation: 2024 LiveLaw (Ker) 566he Kerala High Court declined to quash criminal proceedings initiated against a man booked for allegedly publishing a video stating that nuns are the concubines of priests and bishops on YouTube and Facebook.The prosecution alleged that the video was published on June 01, 2020, with the intent to hurt and insult the religious feelings of nuns. It is alleged that the petitioner indecently represented nuns and intentionally insulted Christian bishops and priests.Notification For Recruitment Can Only Be For Actual And Anticipated Vacancies, Not Future Vacancy: Kerala High CourtCase Title: Binod B. Kumar and Another v Guruvayur Devaswom and OthersCitation: 2024 LiveLaw (Ker) 567The Kerala High Court has held that a public authority, while calling for recruitment can only notify vacancies that are existing or anticipated, but not for future vacancies. The Court also added that an authority can resort to recruiting beyond the notified vacancies only in rare and emergent situations.Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HCCase Title: Sreejith Mon v State of Kerala and AnotherCitation: 2024 LiveLaw (Ker) 568The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence.[S.14A Foreigners Act] Foreigners Who Overstay After Expiry Of Documents Cannot Be Treated As Infiltrators: Kerala High CourtCase Title: Egadwa Mercy Adamba v State of Kerala & Connected CaseCitation: 2024 LiveLaw (Ker) 569The Kerala High Court observed that foreign nationals who entered India with valid visas and passports and continued their stay after the expiry of these documents cannot be treated as infiltrators under Section 14A of the Foreigners Act. The Court thus quashed the proceedings initiated against four foreign nationals under Section 14 A of the Foreigners Act.Kerala High Court Grants Anticipatory Bail To Film Director VK Prakash In Sexual Harassment Case But Permits Police To Interrogate HimCase Title: V K Prakash v State of KeralaCitation: 2024 LiveLaw (Ker) 570The Kerala High Court today granted anticipatory bail to Film Director VK Prakash in connection with sexual abuse allegations made against him after the publication of the Justice Hema Committee Report.Kerala HC Quashes Criminal Case Against Mathrubhumi TV Employees For Conducting Sting Operation; Says No Malafide IntentionCase Title: Jaison and Others v A. G. Korah and AnotherCitation: 2024 LiveLaw (Ker) 571The Kerala High Court has quashed criminal proceedings initiated against the reporter and other employees of Mathrubhumi TV News and Press in connection with a sting operation done by the channel. The Court held that the case can be quashed as there is no allegation that there was any personal malice or prejudice against the individual concerned.Tourist Buses Not Allowed To Pick Up And Drop Off Passengers Like A Stage Carriage: Kerala High CourtCase Title: Sarath G Nair & Other CasesCitation: 2024 LiveLaw (Ker) 572The Kerala High Court held that tourist buses operating as contract carriages have a prior contract between the passenger or a group of passengers and the operator and they cannot pick up and drop off passengers...

Kerala High Court Weekly Round-Up: September 9 – September 15, 2024

Manju Elsa Isac

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