Kerala High Court Weekly Roundup: January 24 To January 30, 2022

Judgments This Week1. RSS A Definite & Identifiable Body, Members Have Locus Standi To File Defamation Complaint U/S 499 IPC: Kerala High CourtCase Title: Mathrubhoomi Illustrated Weekly & Ors. v. P. Gopalankutty & AnrCitation: 2022 LiveLaw (Ker) 37The Court has ruled that a complaint filed by the State Secretary of the Rashtriya Swayamsevak Sangh (RSS) against a defamatory article published in a newspaper about the RSS is maintainable under Section 499 of the Indian Penal Code (IPC).Justice Sophy Thomas noted that since the RSS is a definite and identifiable body, any individual member of RSS has the locus standi to maintain a complaint against an article defaming the organisation. 2. 'All Members Entitled To Vote' : Kerala High Court Revokes Centre's Order Upholding Representative Voting At SNDP Yogam ElectionsCase Title: V. Vijayakumar & Anr v. SNDP Yogam & Ors.Citation: 2022 LiveLaw (Ker) 38Justice T.R. Ravi annulled the order issued by the Central Government in 1962 which upheld representation voting at the Sree Narayana Dharma Paripalana (SNDP) Yogam elections.Unlike the past 46 years, now all members will have the right to vote in the elections. This decision comes in the backdrop of the next election scheduled to take place on February 5. 3. Kerala High Court Holds First Urgent Late Night Hearing To Arrest Vessel In Admiralty SuitCase Title: Grace Young International Co.Ltd v. Owners & Parties Interested in Vessel MV Ocean RoseCitation: 2022 LiveLaw (Ker) 39In a first, the Court held a late-night hearing of an admiralty suit to arrest a vessel, MV Ocean Rose, from leaving the Cochin Port Trust. Justice Devan Ramachandran convened the hearing at 11.30 pm after the plaintiff in the suit approached the Court to prevent a ship from leaving the Cochin port, which was scheduled to leave at 5 am the next morning.4. Kerala High Court Issues Directions To Regulate Crowd Funding For Treatment Of Rare DiseasesCase Title: Arif v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 40The Court has issued a set of directions to the State and the Central governments in an attempt to make available adequate funds for treating patients suffering from rare diseases, particularly for those who cannot afford such expenses, to enforce the rights guaranteed to the citizens under Article 21 of the Constitution.Justice P.B. Suresh Kumar directed the Centre and State to file affidavits within a month indicating inter alia the progress of the crowdfunding scheme sought to be established in the State.5. When Judgment Debtor Pleads 'No Means', Execution Court Must Conduct Enquiry Before Issuing Arrest Warrant : Kerala High CourtCase Title: Dileepkumar v. Sriram Transport Finance Co. Ltd & Ors.Citation: 2022 LiveLaw (Ker) 41The Court has recently held that if a judgment debtor appears before the court when served with a notice and contends that he has no means to pay off the decreed debt, the Court is bound to enquire into this contention before issuing a warrant of arrest under Order XXI Rule 40 of the Civil Procedure Code.Justice A. Badharudeen was exploring the procedure to be followed before issuance of an arrest warrant in the execution of a decree for payment of money.6. 'NIA Recorded Inadmissible Confessions In Anxiety To Wrap Up The Case': Kerala High Court While Acquitting Accused In Twin Blast CaseCase Title: Thadiyantevida Nazeer v. State of Kerala & connected mattersCitation: 2022 LiveLaw (Ker) 42The Court while acquitting the prime accused Thadiyantevida Nazeer and Shafas in the infamous Kozhikode 2006 twin bomb blast case observed that the National Investigating Agency (NIA) had failed to produce credible evidence.A Division Bench of Justice K. Vinod Chandran and Justice Ziyad Rahman also found that had it not been for the agency's hurry to wind up the investigation, there may have been more compelling evidence to find the accused guilty.Also Read: [UAPA] Kozhikode Twin Blast: Kerala High Court Acquits Prime Accused Nazeer, Dismisses NIA Appeal Against Acquittal Of Other Accused7. Motor Accident Claims| Multiplier To Be Determined Based On Completed Age, Not Running Age: Kerala High CourtCase Title: P.O Meera & Anr. v Ananda P Naik & Ors.Citation: 2022 LiveLaw (Ker) 43The Court recently ruled that the multiplier to be used while computing compensation in motor accident claims has to be determined on the basis of the age attained by the deceased/injured and not based on the running age. Therefore, Justice C.S Dias observed that when a person aged 50 years and 7 months dies in a motor accident, the multiplier applicable to the age bracket of 46-50 will apply and not the one applicable to the age bracket of 51-55.8. Not Taking Treatment For Mental Issues To Bring Peace In Family Amounts To Cruelty To Spouse: Kerala HC Upholds Divorce DecreeCase Title: Mary Margret v. Jos P ThomasCitation: 2022 LiveLaw (Ker) 44While upholding a divorce decree, the Court recently observed that not taking treatment for mental issues in...

Kerala High Court Weekly Roundup: January 24 To January 30, 2022

Hannah M Varghese

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