HIGH COURT JANUARY 2025 WEEKLY ROUNDUP| Stories on Bhupendrasinh Zala; Police Protection to Live-In Couple; WIPRO’s Trade Mark; Rangarajan Narasimhan; and more
A quick legal roundup to cover important stories from all High Courts this week.
Kerala High Court
Justice C.T. Ravikumar retires; the Judicial Odyssey of a Zoology graduate to the Supreme Court of India
Justice C.T. Ravikumar’s journey from a young graduate in Zoology to a distinguished judge of the Supreme Court exemplifies his dedication, passion, and exceptional legal prowess and serves as an inspiration for aspiring legal professionals.
Kerala High Court allows State to acquire Nedumpala estate and Elstone tea estate in Wayanad for rehabilitation of Landslide victims under Disaster Management Act
Disaster Management Act mandates the State Government to take necessary measures for disaster management, which includes both immediate relief and long-term recovery efforts.
Kerala High Court approves ‘Pappanji’ burning for new year celebrations in Kochi; Recommends wider safety barricade around effigy
‘Pappanji’ typically refers to a large effigy, often constructed as part of local New Year or cultural celebrations in Kerala, particularly in places like Kochi. The effigy, often representing an exaggerated figure or caricature, is burned as a symbolic gesture to mark the end of the old year and to usher in the new one.
Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court
“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”
Borrowers cannot be coerced into repaying loans through threats of reputational damage or privacy invasion: Kerala High Court
“The display of photographs of defaulting borrowers violates their dignity, reputation, and fundamental right to life, as guaranteed under Article 21 of the Constitution of India”
“Embarrassment for the whole city”: Kerala HC takes suo motu cognizance after food poisoning at Ponnurunni Anganwadi, Issues Directions
Kerala High Court expressed deep concern over the situation, calling it an embarrassment for the entire city to witness such a massive accumulation of waste without any action taken to remove it.
‘State suffers fatal and serious injuries from attacks by animals and reptiles’; Kerala HC directs State and KELSA to propose measures for redressing victims’ grievances
“This matter requires serious and urgent consideration, in consultation with the stakeholders”
‘Medical reimbursement cannot be denied for treatment in hospital unapproved by Insurer’; Kerala HC directs ESIC to reimburse medical expenses
“ESIC’s insistence on an emergency certificate to process the petitioner wife’s claim is untenable and hyper-technical”
‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case
“It is a well-accepted principle that bail is the rule and jail is the exception.”
Kerala HC expands Nodal Officer’s jurisdiction to receive & forward complaints of Malayalam film industry victims not presented before Justice Hema Committee
A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.
Kerala HC rejects appeal for Late CPI(M) leader M.M. Lawrence’s religious burial; Upholds body donation to medical college
“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”
Kerala HC quashes defamation proceedings against Ex-MP Sebastian Paul for comparing lawyers to street dogs
The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.
‘Frivolous application filed for delaying disposal’: Kerala HC rejects actor Sunil’s plea to recall two expert witnesses for cross examination in 2017 actor assault case
“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws
“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”
‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case
“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”
Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Kerala HC directs Magistrate to reconsider DBS Bank application to register FIR
“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”
Writ petition against administrative authority cannot be dismissed as ‘non-maintainable’ merely on ground of existence of alternative remedy: Kerala HC
There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.
Read why Kerala HC directed ED probe and payment to victims of Edamulackal Co-Operative Bank fraud case
The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.
‘Use of lethal weapon and precise targeting of vital organs establish intent for murder’; SC upholds UDF sympathizer’s life term in 2006 LDF worker murder case
“The nature and location of the injuries inflicted, the choice of weapon, and the circumstances of the attack unequivocally establish the liability of the convict for causing the death of the deceased.”