Kerala High Court Weekly Round-Up: [2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102]

Nominal IndexCitations: 2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102Rajesh R & Ors. v. Health Inspector, Municipal Corporation of Kochi & Ors, 2022 LiveLaw (Ker) 92Mangala v. Union of India & Ors, 2022 LiveLaw (Ker) 93Dr Subramanian Swamy v. V.N. Narayanan & Ors, 2022 LiveLaw (Ker) 94Denny Varghese & Anr. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 95Dr Premachandran Keezhoth & Anr. v. The Chancellor, Kannur University & Ors, 2022 LiveLaw (Ker) 96Manual v. State of Kerala, 2022 LiveLaw (Ker) 97P.P. Thobiyas & Ors v. State of Kerala & Ors, 2022 LiveLaw (Ker) 98Sivasankaran v. Joint Registrar of Co-operative Societies & Ors, 2022 LiveLaw (Ker) 99Suseela v. Thiruvanathapuram Corporation & Ors, 2022 LiveLaw (Ker) 100Mini & Ors. v. Assistant Executive Engineer & Ors, 2022 LiveLaw (Ker) 101Suo motu case 2022 LiveLaw (Ker) 102Judgments This Week1. Kerala High Court Issues Directions To Curb Operation Of Unauthorised Street Vendors In KochiCase Title: Rajesh R & Ors. v. Health Inspector, Municipal Corporation of Kochi & Ors. and connected mattersCitation: 2022 LiveLaw (Ker) 92The Court issued a comprehensive list of directions to ensure strict implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 within the limits of Kochi Corporation and to ensure that only authorised vendors carry on street vending activities therein. Justice A.K Jayasankaran Nambiar issued the directions in a batch of petitions pending before the Court since 2019 concerning the issue of regulation of street vending activities within the limits of the Kochi Municipal Corporation2. Employee Permitted To 'Work From Home' As A Concession Can't Claim Change In Territorial Jurisdiction : Kerala High CourtCase Title: Mangala v. Union of India & Ors.Citation: 2022 LiveLaw (Ker) 93The Court recently held that mere permission to work from home is not sufficient to confer jurisdiction on the Court within whose jurisdiction the employee is working. Justice Sunil Thomas answered the question of jurisdiction for legal claims of remote employees and ruled that merely because they are permitted to work from home and the employer was aware that the employee was within a different jurisdiction was not sufficient to confer jurisdiction.3. Kerala High Court Quashes Consumer Forum Proceedings Against Subramanian SwamyCase Title: Dr Subramanian Swamy v. V.N. Narayanan & Ors.Citation: 2022 LiveLaw (Ker) 94The Court allowed the petition moved by BJP Rajya Sabha MP and former Union Minister Dr Subramanian Swamy to quash the non-bailable warrant issued by the Thrissur Consumer Dispute Redressal Forum (CDRF) against him citing that he had not received any notice of these proceedings. The Court has also quashed the Execution Proceedings pending as against Swamy after accepting his submission that he has neither received any notice of the proceedings nor engaged any lawyer to represent him there.4. 'Awarding 100% Marks To Every Student Defeats The Purpose Of Examination': Kerala HC Upholds State's Proposal To Alter Board Exam PatternCase Title: Denny Varghese & Anr. v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 95The Court refused to interfere with the State government's proposal to alter the examination pattern for State Board exam students this academic year as opposed to the last one. In the proposed examination pattern, 70% of the questions will be from the focus area and the rest 30% from the non-focus area. In addition, there will be 50% choice questions for focus area and non-focus area. Justice Amit Rawal opined that such a question pattern and evaluation can identify the most eligible from the rest.5. Kerala High Court Upholds Reappointment Of Kannur University Vice Chancellor, Dismisses Appeal Against Single Judge DecisionCase Title: Dr Premachandran Keezhoth & Anr. v. The Chancellor, Kannur University & Ors.Citation: 2022 LiveLaw (Ker) 96The Court has dismissed an appeal against a single judge order upholding the re-appointment of Dr Gopinath Ravindran as the Vice-Chancellor of Kannur University. The issue has been gaining momentum in Kerala since this is the first time in the history of the State that a Vice-Chancellor was reappointed. Moreover, it is reported that he was reappointed into office hours after his send-off ceremony as the outgoing VC.6. Admin Of WhatsApp Group Not Vicariously Liable For Objectionable Post By Group Member: Kerala High CourtCase Title: Manual v. State of KeralaCitation: 2022 LiveLaw (Ker) 97In a noteworthy decision, the Court has ruled that the admin of a WhatsApp group cannot be held vicariously liable if a member of the group posts objectionable content in the group. Justice Kauser Edappagath observed that this was so because vicarious liability in criminal law can only be fastened when a statute prescribes so.7. Kerala Football Association A Private Organization, Not Amenable To Writ Jurisdiction: High Court Dismisses Plea Assailing ₹25K Entry Fee For State...

Kerala High Court Weekly Round-Up: [2022 LiveLaw (Ker) 92 - 2022 LiveLaw (Ker) 102]

Hannah M Varghese

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