Kerala High Court
No Offence Of Criminal Trespass Is Attracted When Accused Enters Property Which Is In His Joint Possession: Kerala High Court
The Kerala High Court stated that a person cannot be convicted for an offence of house trespass if the 'property in question' was under his joint possession. It stated that the entry of the offender into a property which is in his joint possession cannot be termed unlawful and cannot be termed as criminal trespass.The accused was convicted and sentenced by the trial court under Sections 201 (causing disappearance of evidence or giving false information to screen offender)), 449 (house trespass...
Kerala High Court Dismisses Plea Challenging Amendment Mandating Gynaecologists As Sole Specialists To Conduct Medical Examination Of Sexual Assault Survivors
The Kerala High Court has dismissed the petition challenging clause 6 of the Kerala Medico-Legal Protocol for Examination of Survivors of Sexual Offences 2019 which mandates that gynaecologists be the sole specialists to conduct medical examination of survivors of sexual offence.The petitioners, in their plea, had submitted that the protocol is “illegal, improper, unsustainable and contrary to the already existing national and international guidelines” and argued that the amendment is liable to...
Prima Facie Offence Not Attracted: Kerala High Court Grants Anticipatory Bail To Two Accused In Kerala University Arts Festival Bribery Scandal
The Kerala High Court recently allowed the anticipatory bail application of the two accused in the cheating scandal at the Kerala University Arts Festival, stating that prima facie the offences alleged are not attracted against them.“On an appreciation of the facts, the rival submissions made across the Bar, the materials placed on record and the findings rendered above, this Court is prima facie of the opinion that the offence attributed against the petitioners may not be attracted....
Kerala High Court Issues Standard Operating Procedure For Attending Proceedings Through Video Conferencing
The Kerala High Court issued guidelines for attending court proceedings through Video Conferencing (VC) called Standard Operating Procedure (SOP). This shall be in addition to the existing Electronic Video Linkage Rules for Courts (Kerala) 2021.General Guidelines:VC links are provided on the official website of the High Court on the page showing the Cause list after the column, 'VC Request'. The guidelines for participating through VC is provided in the E-Courts website.When accessing VC links,...
[SARFAESI Act] Kerala High Court Takes Humanitarian Approach, Defers Recovery Proceedings Against Comatose Entrepreneur In Wife's Plea
The Kerala High Court took a humanitarian approach by directing the bank officials to defer coercive proceedings against the petitioner's husband and his assets, who is now in a vegetative state.The court has also directed the Sub Divisional Magistrate/Revenue Divisional Officer to decide to grant limited guardianship under Section 14 of the Rights of Persons with Disabilities Act, 2016 to the petitioner-wife for disposing of her husband's property for clearing his liabilities. The petitioner is...
Kerala High Court Weekly Round-Up: March 11 - March 17, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 165 – 182]Isahack v. Mini and ors. 2024 LiveLaw (Ker) 165 Sreejith M B V State of Kerala 2024 LiveLaw (Ker) 166 Gokul Raj v State of Kerala 2024 LiveLaw (Ker) 167 Sebastian Jacob v The Transport Commissioner 2024 LiveLaw (Ker) 168 Shamnad N and ors. v. The Corporation of Thrissur Through Secretary and anr. 2024 LiveLaw (Ker) 169 Dr. M....
No Break In Service Merely Because Initial Appointment Was Made Against Leave Vacancy Followed By Appointment To Regular Vacancy: Kerala High Court
The Kerala High Court stated that there was no break in service merely because the initial appointment was made in leave vacancy followed by an appointment in regular vacancy.The dispute in the writ appeal was in connection with the appointment of a teacher (5th respondent) as headmistress in an aided school. Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed the appeal...
Kerala High Court Grants Interim Exemption To Mother From Payment Of IGST On Imported Medicine For Rare Disease
The Kerala High Court has issued an interim order exempting a mother from paying IGST on import of Risdiplam medicine for her three-year-old son who is suffering from a life-threatening rare disease called Spinal Muscular Atrophy (SMA).The petitioner has approached the Court seeking removal of GST for the medicine Risdiplam that she purchases from ABS Chemist & Druggist (6th respondent)...
[S.218 CrPC] Irregularity On Account Of Misjoinder Of Charges Doesn't Vitiate Conviction Unless Miscarriage Of Justice Proved: Kerala High Court
The Kerala High Court has upheld a conviction order passed by the Trial Court despite the misjoinder of charges, stating there was no failure of justice.Justice P G Ajithkumar said no prejudice was caused to the accused and separate evidence was brought before the Court to prove separate charges. It stated that the accused was given ample opportunity to challenge the evidence presented before...
Wife Can't Unilaterally Withdraw Consent For Divorce After Settlement Was Arrived At During Mediation: Kerala HC Upholds Dissolution Of Marriage
The Kerala High Court upheld the judgement passed by the Family Court dissolving the marriage between the parties in a joint petition filed for divorce, even though the wife withdrew her consent for filing the divorce. The Division Bench comprising Justice Anu Sivaraman and Justice C Pratheep Kumar stated that the Family Court dissolved the marriage by relying upon the decision in Benny v....
Consumer Forum Vacancies Will Create Hardships For Common Citizens: Kerala HC Permits Incumbent Members To Continue Till Fresh Appointments
The Kerala High Court has directed the State and the Personnel and Administrative Reforms Department to allow the President of State Consumer Disputes Redressal Commission as well as President and members of the District Consumer Disputes Redressal Commission to continue in their respective posts as a temporary measure. The court was hearing a petition against the vacancies in...
[KAAPA] Look Out Notice Cannot Be Challenged Without Challenging The Detention Order: Kerala High Court
The Kerala High Court recently held that a look out notice under the Kerala Anti-Social Activities Prevention Act, 2007 cannot be challenged without a challenge to the detention order“We note that a look out notice is a part of consequential proceedings. It cannot be subject to challenge” observed Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen. A look out notice was...