Kerala High Court
Kerala High Court Dismisses Pleas Challenging Upper Age Limit For Availing Assisted Reproductive Technology Services
The Kerala High Court recently dismissed a batch of writ petitions challenging the upper age limit prescribed to avail assisted reproductive technology services.Justice Sobha Annamma Eapen passed a common judgment in the batch of cases that had challenged the constitutional validity of Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021 that prescribed the upper...
Using Minimum Corporal Punishment For Discipline Not Offence: Kerala High Court Quashes Criminal Case Against Teacher For Caning Student
The Kerala High Court has reiterated that using minimum corporal punishment to discipline student in school is not an offence under the Juvenile Justice Act or the Bharatiya Nyaya Sanhita.Justice C. Pratheep Kumar quashed the criminal case initiated against a teacher for caning a student in the school.The prosecution case is that the accused teacher voluntarily caused hurt to a student by beating him with a cane on his buttocks. A crime was registered alleging commission of offences under...
'Neighbourhood School' Under RTE Act Cannot Be Rigidly Distance-Based: Kerala HC Dismisses Challenge To School Shifting In Lakshadweep
The Kerala High Court has held that the concept of a “neighbourhood school” under Section 6 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) Act cannot be applied through rigid distance-based standards and must be understood in light of local geographical and demographic realities.Justice N. Nagaresh was delivering the judgment in two writ petitions filed by minor students from Agatti and Andrott Islands in the Union Territory of Lakshadweep, who had challenged...
'Will Not Affect Fair Trial': CBFC Opposes In Kerala High Court Plea To Stall Movie Allegedly Inspired By Venjaramoodu Murder Case
The Central Board of Film Certification on Tuesday (February 10) submitted before the Kerala High Court that though the movie 'Kaalam Paranja Kadha' may have been inspired by the Venjaramoodu Mass Murder case, the same will not affect the trial of the accused.Justice Bechu Kurian was considering a plea preferred by the father of the accused who stated that the movie may prejudice the trial in the case, which is still pending before the Sessions Court, Thiruvananthapuram.When the matter came...
Filing False Suit With Forged Documents Against SC/ST Person Prima Facie Attracts Offence Under SC/ST Act: Kerala High Court
The Kerala High Court recently held that the offence under Section 3(1)(q) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act would be prima facie attracted when it is prima facie established that a false suit using a forged document was filed by a non-member against a member of the community.Justice A. Badharudeen observed:“when it is prima facie established that the suit filed…is one in the category of false, malicious or vexatious one, particularly using a forged suit...
Acquittal Under Essential Commodities Act Doesn't Automatically Entitle Trader To Interest Or Higher Compensation: Kerala High Court
The Kerala High Court has recently held that an acquittal in a criminal trial under Section 3(1) of the Essential Commodities Act, 1995 does not by itself entitle a trader to compensation with interest under Section 6C(2), unless the statutory preconditions under that provision are strictly satisfied.For context, Section 3 deals with the power of the Central Government to control production, supply, distribution, etc, of essential commodities. Section 6C deals with the compensation for...
Disability Pension Must Be Granted To Voluntary Dischargee When Chronic Condition Acquired Due To Military Service: Kerala High Court
The Kerala High Court recently ruled that a person would be entitled to disability pension if his chronic disability was acquired due to military service even though he voluntarily discharged himself from service.The Division Bench of Justice K. Natarajan and Justice Johnson John was considering a plea preferred after the petitioner's application before the Armed Forces Tribunal against non-grant of disability pension was dismissed. The Tribunal had dismissed the application since the...
Intentional Judicial Decision Cannot Be Altered As 'Clerical Error' U/S 151 & 152 CPC; Remedy Lies In Appeal Or Review: Kerala High Court
The Kerala High Court has held that an intentional adjudicatory decision cannot be corrected under the guise of “clerical error” or “inherent powers” under Section 151 or 152 of Code of Civil Procedure, 1908 and must be challenged only through appellate or review mechanisms.The division bench comprising Justice Sathish Ninan and Justice P Krishna Kumar were delivering a judgment in...
Kerala High Court Orders Vigilance Enquiry Into Alleged Gold Misappropriation During 2017 Flag Mast Installation At Sabarimala
The Kerala High Court on Monday (February 9) directed the Director, Vigilance and Anti-Corruption Bureau to constitute a team of competent officers to conduct an enquiry into the alleged misappropriation of gold and cash in connection with the installation of a new Temple Flag Mast in 2017.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering...
Kerala High Court Directs Executive Committee Of Sree Padmanabhaswamy Temple To Submit Timeline For Renovation Of Principal Idol
The Kerala High Court on Monday (09 February) directed the Executive Committee of Sree Padamanbhaswamy Temple to submit a timeline for completion of the work of the Moolavigraha (Principal Idol) of the temple.The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha were considering a petition which alleged defects in the temple's Moolavigraha.The Court had...
Universities Must Regulate Student Political Activities To Prevent Campus Violence: Kerala High Court
The Kerala High Court has recently (February 04) directed all universities in the State to formulate a comprehensive regulatory mechanism to control and regulate political activities of students on campus.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M issued the direction while hearing a batch of writ petitions, including a public interest litigation filed in...
'Rules Can't Be Used To Foment Disharmony': Kerala High Court Dismisses Plea For Action Against Temple Entry By Christian Priests
The Kerala High Court recently dismissed a writ petition that sought action against Christian priests, who had entered Adoor Sree Parthasarathy Temple in priestly robes to attend a function to celebrate Sreekrishna Jayanthi.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a plea preferred by a devotee of the temple, who prayed for a...