Kerala High Court Weekly Round-Up: May 23 To May 29, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 236 - 247]E.K. Rajan v. The Authorized Officer, Canara Bank, 2022 LiveLaw (Ker) 236P.C. George v. State of Kerala, 2022 LiveLaw (Ker) 237Indo-Asian News Channel Pvt. Ltd. v. T.N. Suraj & Ors, 2022 LiveLaw (Ker) 238X v. State of Kerala & Ors, 2022 LiveLaw (Ker) 239Renjith Maheshwary v. Union of India & Ors, 2022 LiveLaw (Ker) 240Ravis Exporters v. Union of India, 2022 LiveLaw (Ker) 241Raphy John v. Land Revenue Commissioner, 2022 LiveLaw (Ker) 242Dr. Parvathy S v. Director General of Health Services & Ors, 2022 LiveLaw (Ker) 243State Of Kerala vs Bijesh Kumar M, 2022 LiveLaw (Ker) 244Saji Thomas Vs Assistant Commissioner, 2022 LiveLaw (Ker) 245R.Ramaraja Varma v. State of Kerala, 2022 LiveLaw (Ker) 246P.C. George v. State of Kerala, 2022 LiveLaw (Ker) 247Judgments This Week: 1. Sale Notice Issued Under SARFAESI Act Without A 15 Days Clear Notice Is Bad In Law: Kerala High CourtCase Title: E.K. Rajan v. The Authorized Officer, Canara BankCitation: 2022 LiveLaw (Ker) 236The Kerala High Court has ruled that the three methods of serving, affixing and publishing a notice of 15 days for subsequent sales, as provided under Rule 9(1) of the Security Interest (Enforcement) Rules, 2002, is mandatory in nature and the said requirement cannot be tampered with. Justice Bechu Kurian Thomas quashed the sale notice issued under the provisions of the SARFAESI Act on the ground that the statutory requirement of a 15 days clear notice for subsequent sale was not satisfied. The Court held that the said notice of sale was bad in law and the consequent sale was liable to be set aside.2. Kerala High Court Grants Interim Anticipatory Bail To Politician PC George In Hate Speech CaseCase Title: P.C. George v. State of KeralaCitation: 2022 LiveLaw (Ker) 237The Kerala High Court granted interim anticipatory bail to senior political leader PC George in a hate-speech case over alleged statements against Muslims. A single bench of Justice P Gopinath passed the order, considering the fact that the offences under Section 153A and 295A of the Indian Penal Code are punishable with less than 3 years imprisonment, and that George has been an MLA for over 30 years and is unlikely to abscond.3. Kerala High Court Modifies Interim Gag Order Against ReporterTV On Reporting Against Dileep's Brother-In-LawCase Title: Indo-Asian News Channel Pvt. Ltd. v. T.N. Suraj & Ors.Citation: 2022 LiveLaw (Ker) 238The Kerala High Court recently modified the interim ex-parte gag order against Reporter TV restricting it from publishing/broadcasting/telecasting 'any item' concerning actor Dileep's brother in law, Suraj while reporting about the murder conspiracy case or the 2017 actor sexual assault case for three weeks. Justice Devan Ramachandran and Justice Sophy Thomas vacated the impugned order to the extent to which it has restrained the appellant from reporting 'any item' relating to Suraj noting that the said gag order imposed a restriction that was beyond the reasonableness established in Sahara India Real Estate Corporation Ltd & Ors v. SEBI & Anr by the Supreme Court.4. Publicise Toll-Free Number 112 As An Emergency Response Support System For Sexual Assault, Child Abuse Survivors: Kerala High CourtCase Title: X v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 239The Kerala High Court on Monday issued a set of suggestions for the State to consider to assist survivors of child abuse or sexual violence, while particularly emphasising the need to take steps to publicize the Toll-Free Number '112' as an Emergency Response Support System. Justice Devan Ramachandran reiterated that the growing number of cases of hapless victims being driven to stages of despondency bears testimony to the suspicion that the measures currently in place are not being implemented properly.5. Court Can't Say Who Should Be Given Arjuna Award: Kerala High Court Directs Renjith Maheshwary To Make Representation Before CentreCase Title: Renjith Maheshwary v. Union of India & Ors.Citation: 2022 LiveLaw (Ker) 240The Kerala High Court on Tuesday disposed of the plea moved by the Olympian national record holder in triple jump Renjith Maheshwary challenging a press release issued by the Secretary, Department of Sports withholding the Arjuna Award previously conferred to him. Justice P.V. Kunhikrishnan asked Maheshwary to submit a representation along with all the documents available with him to the Centre for it to reconsider his grievance within 4 weeks and directed the Centre to decide on the same within 2 months.6. Review Committee Declared Guarantors As Wilful Defaulters Without Making Any Distinction Between Borrower And Guarantor: Kerala High CourtCase Title: Ravis Exporters v. Union of IndiaCitation: 2022 LiveLaw (Ker) 241The Kerala High Court has held that there was a total lack of application of mind in the order of the Committee of Executives (COE). There was a manifest failure to consider the explanation offered by the...

Kerala High Court Weekly Round-Up: May 23 To May 29, 2022

Hannah M Varghese

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