Kerala High Court Weekly Roundup: February 28 To March 6, 2022

Citations 2022 LiveLaw (Ker) 103- 2022 LiveLaw (Ker) 113Nominal IndexState of Kerala & Nowfal, 2022 LiveLaw (Ker) 103Madhyamam Broadcasting Limited v. Union of India, 2022 LiveLaw (Ker) 104C.G. Thampi v. Jyothis & Ors, 2022 LiveLaw (Ker) 105Shiny Shukoor v. Union of India & Ors, 2022 LiveLaw (Ker) 106Dr Vijil & Ors v. Ambujakshi T.P & Anr, 2022 LiveLaw (Ker) 107M/s Devchand Construction v. Union of India, 2022 LiveLaw (Ker) 108Pradeep Kumar P v. State of Kerala & Ors, 2022 LiveLaw (Ker) 109Suo motu case, 2022 LiveLaw (Ker) 110xxx v. State, 2022 LiveLaw (Ker) 111Kousalya & Anr v. Leena & Ors, 2022 LiveLaw (Ker) 112Atlas Jewellery [P] Ltd Versus Deputy Commissioner, 2022 LiveLaw (Ker) 1131. SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High CourtCase Title: State of Kerala & NowfalCitation: 2022 LiveLaw (Ker) 103The Court has ruled that when a victim of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act makes a request to video record the trial proceedings, a court cannot turn it down even if sexual offences are involved. Justice Kauser Edappagath noted that Section 15A(10) of the Act which permits video-recording of all proceedings is in consonance with Section 327(2) of CrPC which provides for in-camera trial in cases involving sexual offences since both of them were enacted to protect the interests of the victim.2. Kerala High Court Upholds Telecast Ban On MediaOne Channel, Dismisses Appeal Against Single Bench JudgmentCase Title: Madhyamam Broadcasting Limited v. Union of IndiaCitation: 2022 LiveLaw (Ker) 104The Court dismissed the appeal moved by Malayalam news channel MediaOne against the single judge order upholding the recent ban imposed on it by the Ministry of Information and Broadcasting on national security grounds. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly upheld the order passed by the Union Ministry of Information and Broadcasting refusing to renew the broadcast license granted to MediaOne.Also Read: 'Clear, Significant Indications Impacting Public Order & Security' : Kerala High Court While Upholding Telecast Ban On MediaOne3. Specific Remedy Under CPC Often A Total Bar To Claim Remedy Under Article 227 Of Constitution: Kerala High CourtCase Title: C.G. Thampi v. Jyothis & Ors.Citation: 2022 LiveLaw (Ker) 105The Court recently held that it cannot entertain a revision petition under Article 227 of the Constitution when a specific remedy of appeal is available under the Code of Civil Procedure (CPC). As such, Justice A. Badharudeen dismissed a petition and directed the petitioner to approach the appropriate appellate court as per law. Therefore, the High Court ought not to have entertained the Revision under Article 227 of the Constitution of India, in a case where a specific remedy of appeal is provided under the code of Civil Procedure.4. Can't Object To Issue Passports To Children Of Single Parents For Lack Of Court Order: Kerala HC Asks Officer To Pay ₹25K As Litigation ExpenseCase Title: Shiny Shukoor v. Union of India & Ors.Citation: 2022 LiveLaw (Ker) 106The Court recently asked an Assistant Passport Officer in Kottayam to shell out litigation expenses amounting to Rs. 25,000 from his own salary for objecting to re-issue passport to a single parent's daughter. In his order, Justice Amit Rawal has also called it a classic case of highhandedness by the Assistant Passport Officer objecting to re-issue the passport of children of a single parent facing a matrimonial discord and directing them to approach the court and obtain the court order.5. 'Medical Services' Fall Within Ambit Of Consumer Protection Act, 2019: Kerala High CourtCase Title: Dr Vijil & Ors v. Ambujakshi T.P & Anr.Citation: 2022 LiveLaw (Ker) 107In a significant decision, the Court has ruled that medical services fall within the purview of the term 'service' defined under Section 2(42) of the Consumer Protection Act, 2019. Observing so, Justice N. Nagaresh dismissed a plea filed by a group of doctors who prayed to declare that the consumer fora under the Consumer Protection Act, 2019 do not have jurisdiction to take cognizance of complaints in respect of medical negligence and deficiency in medical service.6. Breach Of Contract | Can't Forfeit Security Deposit Towards Risk Liability In Absence Of Loss/Damage: Kerala High CourtCase Title: M/s Devchand Construction v. Union of IndiaCitation: 2022 LiveLaw (Ker) 108The Court has recently ruled that in the case of a breach of contract, one party cannot forfeit the security deposit towards risk liability when they have not suffered any loss or damage. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S. Sudha observed that it was settled that when the question is one of forfeiture of the security deposit in case of breach of contract, such sum does not ipso facto go to the respondents.7. State Can Notify All Corporations,...

Kerala High Court Weekly Roundup: February 28 To March 6, 2022

Hannah M Varghese

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