#Muhamed Mustaque

[lyricsolution-com]

Hema Panel Report: Kerala HC Rebukes Vijayan Government For Delay | People News

Kochi: The Kerala High Court on Tuesday gave a dressing down to the Pinarayi Vijayan government for its inaction on the Justice K Hema Committee report on working conditions of women in the Malayalam film industry which highlighted the sexual abuse suffered by actresses.  It was on Thursday that the Division Bench, headed by Acting Chief Justice, A Muhamed Mustaque set up the Special Bench…

[seemabhatnagar]

"Kerala High Court Limits Insurance Ombudsman's Authority on Premium Directives"

The Court dismissed the Writ Appeal of the Medi Claim Policy Holder N S Gopakumar holding Insurance Ombudsman exceeded his jurisdiction by directing insurance Company to renew the policy at original premium.

N S Gopakumar v. The Oriental Insurance Company Limited & Insurance Ombudsman Ernakulam

Writ Appeal 1349/2023

Before the High Court of Kerala at Ernakulam

Heard by Hon'ble Mr. Justice A Muhamed Mustaque J & Hon'ble Madam Justice Shobha Annamma Eapen J

Fact: The appellant, N.S. Gopakumar, had a medi-claim policy with The Oriental Insurance Company Ltd. through Punjab National Bank. The premium was increased significantly during the renewal of the policy. Aggrieved with the high premium, the appellant approached the Insurance Ombudsman, who directed the insurance company to renew the policy at the original premium. The insurance company challenged this directive in the High Court.

2. Legal Issue: Does the Insurance Ombudsman have the authority to direct an insurance company to renew a policy at the originally charged premium?

3. Point of Argument:

Argument of the Appellant - The appellant argued that Rule 13 of the Insurance Ombudsman Rules, 2017, grants the Insurance Ombudsman the power to direct the insurer to renew a policy at the original premium.

Argument of the Insurance Company - The insurance company contended that the Ombudsman can only award compensation under Rule 17 of the Rules, not direct policy renewals at specific premiums.

4. Court's Observation:

Rule 13 outlines the duties and functions of the Insurance Ombudsman, including dealing with disputes over premiums.

Rule 17 restricts the Ombudsman's power to award compensation and does not include the authority to direct policy renewals at specified premiums.

5. Legal Point: The matter revolves around the interpretation of the Insurance Ombudsman Rules, specifically whether the Ombudsman’s authority to handle premium disputes extends to directing policy renewals at historical premium rates.

[naavi9]

Hats off to Kerala High Court for it's treatise on Right to Forget

Hats off to Kerala High Court for it’s treatise on Right to Forget

A truly remarkable piece of Judgement has emanated from the Kerala High Court on 22nd December 2022 from the bench of Honourable Justices A Muhamed Mustaque and Shoba Annamma Eapen regarding “Right to Forget”. The 138 page judgement is worth studying like a text book on understanding several aspects surrounding the issue. The coverage within the judgement exhibits a deep understanding of the…

[riclasthope-blog]

""If you are good to me, i am good to you if you are bad to me, i am good to you" - Muhammed Ric Mustaque 

"Being wild doesn't matter, harming others Matter" - Muhammed Ric Mustaque

[like2in]

Kerala HC lifts life ban imposed by BCCI on cricketer S Sreesanth Kerala HC lifts life ban imposed by BCCI on cricketer S Sreesanth - In a relief to cricketer S Sreesanth, the Kerala High Court today lifted the life ban imposed on him by the BCCI in the wake of the 2013 IPL spot-fixing scandal.

[squarwell-breakingnews]

'Use and throw culture' affecting marriages: Kerala HC | Kochi News - Times of India

‘Use and throw culture’ affecting marriages: Kerala HC | Kochi News – Times of India

KOCHI: The younger generation thinks marriage is an evil to be avoided to enjoy life without any obligations, the Kerala high court observed in a judgment. The court also said the consumer culture of ‘use and throw’ has influenced matrimonial relationships. The observation was made by a division bench comprising justices A Muhamed Mustaque and Sophy Thomas after considering an appeal filed by a…

[bharatlivenewsmedia]

Rape should be considered as gender neutral, observes Kerala HC

Rape should be considered as gender neutral, observes Kerala HC

Rape should be considered as gender neutral, observes Kerala HC A bench of the Kerala High Court on Thursday orally remarked that the offence of rape should be made gender neutral while considering a matrimonial dispute moved by a divorced couple over custody of their child. This observation was made by Justice Muhamed Mustaque. “Section 376 is not a gender-neutral provision. If a woman tricks a…

[loknathtcms]

Do Family Courts have to remain as a neutral umpire of the real dispute between the parties? Ker HC decides

Do Family Courts have to remain as a neutral umpire of the real dispute between the parties? Ker HC decides

Kerala High Court: Expressing that, Family Court has been functioning in like manner of an ordinary Civil Court, the Division Bench of A. Muhamed Mustaque and Sophy Thomas, JJ., remarked that, family courts have to be impartial or neutral. This Court noted that the sad plight of the functioning of the Family Court often is portrayed before this Court by challenging the orders invoking Article 227…

[sane-one]

Does marriage really imply foregoing one's ownership of oneself?

No!

Does marriage bestow one's spouse the licence to sexually assault the other?

No, it does not, but that is what is inferred. And that is how it is supposed to be, says the black hole of the Patriarchal system.

India is one among the odd 30 countries that do not lawfully punish marital rape or consider it a crime. Yes, you read it right, it's not a punishable offence to rape your partner in marriage. In marriage, the concept of consent for sex is to be a blanket, irrespective of the physical or mental health of the partner.

While talking about marital rape/assault one can't ignore the infamous and cruel case of 'Phulmani' in 1889 where a young adolescent lost her life due to forced sex by her husband. The case did lead to many legal reforms yet we have a long way to go.

The dark cloud of patriarchy weighing heavily on our belief system, the road towards women's rights becomes even more gravely , including one's bodily autonomy. In 2012, the Karnataka High Court asserted that refusing sex in marriage a violation of the Hindu Marriage Act(2014, in Chennai).

Although it's not considered a crime, the Kerala High Court affirmed in August, 2021 that marital rape would be a valid ground for divorce. The bench constituting Justice Kauser Edappagath and Justice A. Muhamed Mustaque quoted, “husband’s licentious disposition disregarding autonomy of wife is marital rape”. They also stated that there is a need for the law to evolve in a manner where human problems are dealt with humane approach.

Do you know what is sexy? Consent! Consent after marriage is the same as consent in any other relationship while taking out the umbrella of marriage, which is being used to cover one's misconduct. Every person irrespective of the societal status given to them is free to choose their desire to say yes or no. And yes, uske naa me haa bikul bhi nahi hai! No means NO!

By Lokeshwari H. Naidu, Intern @lemmebe

[lawcomrade]

Kerala High Court Rules In Favour Of Registering Marriages Under SMA Via Video Conference, Expresses Concerns Regarding Implementation

Kerala High Court Rules In Favour Of Registering Marriages Under SMA Via Video Conference, Expresses Concerns Regarding Implementation

The Kerala High Court on Monday ruled that considering the technological advancements in place, marriages under the Special Marriage Act (SMA), 1954 can be registered through video conference. A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath observed so while hearing a batch of petitions filed by individuals seeking to solemnize their marriages under SMA through video…

[lawtantra]

The Kerala High Court's Justice A. Muhamed Mustaque and Justice Kauser Edappagath during his judgment upheld that marital rape, although not penalised in India, is a good ground to claim divorce. #legalupdates #law #martial #rapecase https://www.instagram.com/p/CSPAqkIJTaK/?utm_medium=tumblr

[indialegal]

Kerala HC directs Govt to ensure that financial burden of Farmers in carrying paddy to the procurement centres is reduced

Kerala HC directs Govt to ensure that financial burden of Farmers in carrying paddy to the procurement centres is reduced

The Kerala High Court on Tuesday directed the Department of Civil Supplies in consultation with the Labour and Rehabilitation Department to take a decision on the plea of farmers to reduce the cost of carrying paddy to procurement centres. The bench led by Justice A. Muhamed Mustaque was hearing two writ petitions filed by Padasekhara Smithies and paddy cultivators in Palakkad…

[seemabhatnagar]

"Boundary Breach: The University's Intrusion into Collegiate Affairs"

University of Calicut v. K P Ameen Rashid & another

Writ Appeal 50/2024

High Court of Kerala at Ernakulam

Heard By Hon’ble Mr Justice  A Muhamed Mustaque J & Hon’ble Madam Justice Mrs Shoba Annamma Eapen J

Order pronounced on 14.02.2024 dismissing the Writ Appeal of the Calicut University. The Bench observed that the role of the University in Private Colleges is limited to the extent of ensuring that University regulations are followed or not. The University cannot assume the role of the Principal and direct the College Principal to act on their direction. There is no merit in this writ appeal. The writ appeal fails, and it is accordingly, dismissed.

 This is a case that began from a complaint by a Research Scholar, C H Amal, in the Department of Physical Education from Calicut University against a student, KP Ameen Rashid, of BA (Economics) from the SEEDAC College of Arts in Palakkad District & affiliated with Calicut University enrolled for the Academic Session 2022-2025

The complainant questioned the election of Rashid as a Senate Member while being a regular student of SEEDAC College & his working as a Project Assistant with Thachanattukara Grama Panchayat.

The University enquired with the Panchayat with regards to the engagement of Ameen. Panchayat confirmed that Ameen was engaged from 9/12/2021 till 12/4/2023 as a Project Assistant.

The Vice-Chancellor heard the complainant C H Amal and student Ameen Rashid. Based on the hearing, the Vice Chancellor on 25.07.2023 directed the Principal of SEEDAC College to remove Ameen Rashid from the rolls as he had not attended class on a single day in the first semester and cancel his admission and report the same to the University.

Abiding by the instructions of the Vice Chancellor the Principal of SEEDAC College cancelled the admission of Ameen on 14.08.2023. 

Ameen Rashid challenged his cancellation of admission through Writ Petition before the High Court of Kerala at Ernakulam and submitted that the University of Calicut granted affiliation to SEEDAC College in Economics quite late and to compensate for the academic loss, the College was directed to provide extra classes as well as online classes. He has attended all the online classes along with other students and his attendance is there on record of the College. And with regards to his working as a Project Assistant, it is on a daily wage basis on Holidays and he is doing work at night. 

The Single Judge of the High Court set aside the order of the Principal of cancellation of Admission of Ameen Rashid & observed that out of the 9 students enrolled for the regular classes, none attended the regular classes why Ameen Rashid is singled out which is legally unsustainable.

Aggrieved by the order of the Single Judge, Calicut University went in Appeal before the High Court.

Observation of the High Court in Writ Appeal

1.      The role of the University providing affiliation to the college is confined only to the supervisory nature, and the authority to determine the factum of absence from classes lies with the Principal of the College.

2.      The Principal has no case that Ameen Rashid did not attend the classes. The Principal cannot surrender his freedom to take action against a student, to the University.

3.      If conducting classes online is not permissible, the University will have to take action against the College and not against the student who attended the classes online. If the College had conducted classes online and allowed the students to attend classes online, we do not understand why the University is showing undue interest in this matter.

4.      The complaint was concerning the first semester and the University itself had allowed Ameen to write the first semester examination. The University subsequently can’t raise any complaint while allowing Ameen to write the first-semester Examination.

5.      The University in a proceeding challenging the selection of the student in an election matter, cannot collaterally decide a question on non-attendance and decide against the student. At best, the University could only have ordered the Principal to provide a report regarding the actual attendance of the student to the University.

6.      The Principal of the College in its counter filed in Writ Petition had certified that Rashid had sufficient attendance and he had attended all the online classes.

7. The University on its own jumped from the student being elected as senate member to the inquiry regarding the attendance of the student. Attendance of the student is a regular day-to-day administrative matter falling within the domain of Principal of the SEEDAC College. It is difficult to understand why the University was taking undue interest in the matter of Ameen Rashid. When none of the 9 students enrolled for BA Economics didn’t attend the regular class and all attended the online class. The University needs to be concerned about the standards of education but not in a way of chasing a wild goose.

Seema Bhatnagar

[corevestor]

Justice A Muhamed Mustaque ordered that the secretary of local self-government department should issue an order making NOC mandatory so as to prevent ..

[gyanpoint]

Kerala HC Asks Schools to Desist from Imparting Religious Study Without Govt Permission

In his order, Justice A Muhamed Mustaque said the government can initiate action for closure and de-recognition of the schools if they are found violating the order. from Top India News- News18.com https://ift.tt/2TXe4ho from Blogger https://ift.tt/2vgFmF3

[legalconsultent-blog]

     PARENTS SHOULD NOT CREATE ANY PROTEST OR STAGE ANY ‘DHARNA’ IN THE SCHOOL PREMISES IN PROTEST OF FEE HIKE BY SCHOOLS

In the case of fee hike in Sri Sri Ravi Shankar Vidhya Mandir, a privately owned School affiliated to CBSE in Ernakulam District of Kerala, few parents protested the fee hike, resorting to strike and “dharna”. The protest assumed rancorous proportions, resulting in expulsion of the children of protesting parents. The school withheld the Certificates and marksheets of such students. The parents of these students approached the Kerala State Commission for Child Rights, which forwarded the matter to the Government for enquiry. The District Collector also intervened in the matter and directed the school authorities to return the certificates withheld. Challenging the actions of Child Rights Commission and District Collector, the school filed two writ petitions. And, parents too approached the Court challenging School’s action against their children.

Justice A. Muhammed Mustaque, who considered the matter, expressed equal disapproval of both the action of the school and the manner of protests adopted by parents. The High Court of Kerala lamented that there was no statutory mechanism in place to address grievances regarding fee hike in private schools but this does not empowers parents to resort to such practices.

Justice A. Muhammed Mustaque said, “A protest or dissent against such a fee hike could have been done in manner without affecting the congenial atmosphere of the school. The parents lost their sense of responsibility and the school authorities responded to the protest in an equally aggressive manner. It seems that the school, which has a duty to impart learning and sense of culture to the students, has lost all sense about their duties. Then it has become a fight between the egos of the parents and school authorities”, expressing his disapproval for the manner of protests adopted by parents and action taken by the school.

The Court further observed that the fight between school management and parents should not result in deprivation of rights of children. Court reminded that if any such issue arises regarding the hike in fees, the remedy of parents is not to resort to “dharna” or creating ruckus nearby or in the school premises. If there is any such action on the part of the parents that has to be responded equally with iron hand and they will have to be booked under the relevant penal provisions. The police can register case and take appropriate action against them. Upon the parents undertaking to remit the fees fixed by the School, the Court directed the school to re-admit the expelled students forthwith.

Justice Mustaque also said “Education is a charitable activity; both the provider and the beneficiary have to see that in such a manner. There cannot be any element of profit except for the further development of the school infrastructure. The State has legislative power under Constitution to make laws in relation to education. Such power includes the power to regulate the fees levied by an educational institution. If any educational institution’s fees is not corresponding to the facilities and infrastructure provided by them, it can be said that it is running for profit. In such an event, the State can interfere”. KNOW MORE ABOUT-PARENTS SHOULD NOT CREATE ANY PROTEST OR STAGE ANY DHARNA IN THE SCHOOL PREMISES IN PROTEST OF FEE HIKE BY SCHOOLS – KERALA HIGH COURT – Ethical Legal Blog READ MORE-ETHICAL LEGAL CONSULTANTS | Divorce Lawyer in Faridabad, Best Lawyer in Gurgaon