Kerala High Court Weekly Round-Up: January 9 To January 15, 2023

Nominal Index [Citations 2023 LiveLaw (Ker) 12-20]State of Kerala rep. by Secretary to the Government & Ors. v. Dr. Sushama S. & Anr. 2023 LiveLaw (Ker) 12Suo Motu v. State of Kerala and Ors. 2023 LiveLaw (Ker) 13M/S PVS Memorial Hospital & Ors. v. Dr. Satheesh Iype & Anr. 2023 LiveLaw (Ker) 14Dimple Lamba @ Dolly v. State of Kerala 2023 LiveLaw (Ker) 15State of Kerala and Ors. v. Raveendran Pillai S and Anr. 2023 LiveLaw (Ker) 16The Tahsildar (RR) & Ors. v. Nizamudeen S. & Ors. and other connected cases. 2023 LiveLaw (Ker) 17Tintu K. & Anr. v. Union of India & Ors. 2023 LiveLaw (Ker) 18Nibu Kasim & Ors. v. Union of India & Ors. and M/S Go Green Bags v. Union of India & Ors. 2023 LiveLaw (Ker) 19Aswathi & Anr. v. Rajeesh Raman & Anr. and Betty Philip v. William Chacko 2023 LiveLaw (Ker) 20Judgments/Orders This Week Kerala Service Rules] Leave Vacancy Without Allowance Granted To Regular Incumbent Not Appointment Against 'Substantive Vacancy': High Court Case Title: State of Kerala rep. by Secretary to the Government & Ors. v. Dr. Sushama S. & Anr. Citation: 2023 LiveLaw (Ker) 12 The Kerala High Court held the appointment of a teacher against the vacancy that arose by reason of the leave without allowance granted to a regular incumbent, cannot be regarded as an appointment made against a substantive vacancy. The Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha further held that the service rendered by such person in the leave vacancy preceding their absorption without break in the regular establishment would also not qualify for pensionary benefits. "...in the absence of an order by the Government suspending the lien of the teacher in whose leave vacancy the petitioner was initially appointed, the said teacher was retaining a lien on that post. If that be so, the initial appointment of the petitioner cannot be said to be an appointment made against a substantive vacancy", it was observed. Sabarimala Pilgrims Can't Carry Posters Of Film Starts, Politicians; Right To Worship Subject To Tradition : Kerala High Court Case Title: Suo Motu v. State of Kerala and Ors. Citation: 2023 LiveLaw (Ker) 13 The Kerala High Court observed that no pilgrim can be permitted entry to Sabarimala Sannidhanam carrying posters and huge photographs of celebrities, politicians etc. The Court, therefore, directed the Travancore Devaswom Board (TDB) to take necessary steps to ensure that every worshipper of Lord Ayyappa exercises his right of worship at Sabarimala Sannidhanam, in an accustomed manner and subject to the practice and tradition in Sabarimala. Division Bench consisting of Justice Anil K Narendran and Justice P. G. Ajithkumar observed that, "According to Oxford Dictionary 'worshipper' is a person who shows reverence and adoration for deity. Right to worship is a civil right, of course in an accustomed manner and subject to the practice and tradition in each temple". 'Moratorium U/S 14(1) IBC Applies Only To Corporate Debtor; Non-Corporate Debtors U/S 141 NI Act Continue To Be Statutorily Liable': Kerala HCCase Title: M/S PVS Memorial Hospital & Ors. v. Dr. Satheesh Iype & Anr. Citation: 2023 LiveLaw (Ker) 14 The Kerala High Court held that the moratorium provision enshrined in Section 14 (1) of the Insolvency and Bankruptcy Code would only apply to corporate debtors, and the non-corporate debtors under Section 141 of the Negotiable Instruments Act would continue to be statutorily liable under Chapter XVII of the Act. As regards the application of the principles of vicarious liability under criminal law as has been provided under Section 141 of the NI Act is concerned, the Single Judge bench of Justice A. Badharudeen observed that, the same could not be fastened due to civil liability."Vicarious liability under sub-Section (1) to S.141 of the NI Act can be pinned when the person is in overall control of the day-to-day business of the company or firm. Vicarious liability under sub-section (2) to S.141 of the NI Act can arise because of the director, manager, secretary, or other officer's personal conduct, functional or transactional role, notwithstanding that the person was not in overall control of the day-to-day business of the company when the offence was committed. Vicarious liability under sub-section (2) is attracted when the offence is committed with the consent, connivance, or is attributable to the neglect on the part of a director, manager, secretary, or other officer of the company", it was observed. Kerala High Court Grants Bail To Dimple Lamba Who Allegedly Facilitated Rape Of 19-Year-Old Model In KochiCase Title: Dimple Lamba @ Dolly v. State of Kerala Citation: 2023 LiveLaw (Ker) 15The Kerala High Court granted bail to Dimple Lamba alias Dolly, who allegedly facilitated the gang rape of a 19 year old model in a moving car in Ernakulam. Justice Bechu Kurian Thomas passed the above order."The victim had specifically stated, at the initial stage itself, that the petitioner ...

Kerala High Court Weekly Round-Up: January 9 To January 15, 2023

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