Village Panchayat Has Exclusive Power To Administer Anganwadi Matters: Kerala HC Quashes Appointments Made By Child Development Officer

The Kerala High Court recently quashed the appointment of two Anganwadi workers to the permanent post with the Kadapra Panchayat as illegal, since the appointments had been made by the Child Development Project Officer and not the Village Panchayat. Single Judge Bench of Justice Raja Vijayaraghavan V. perused Section 166 (2) Kerala Panchayat Raj Act, 1994, which provides that the Village Panchayats shall have exclusive power to administer the matters enumerated in the Third Schedule...

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court

The Kerala High Court recently held that a trial judge cannot wait until conclusion of trial to decide if the plaint has to be rejected, and added that such decision should be made solely on an assessment of the plaint under Order VII Rule 11 CPC.Justice Devan Ramachandran observed that Trial judge waiting for rejecting the plaint until trial was completed defeats the purpose of law laid down under Order VII Rule 11 CPC.“Obviously, the holding of the learned Munsiff in Ext.P11, that the...

Affixing Poster Of Political Party Symbol Like 'Lotus' On Electric Poll Not Necessarily Mischief, Wantonly Provoking Riot: Kerala HC Quashes FIR

The Kerala High Court has quashed the criminal proceedings initiated against a man for affixing poster of a lotus, which is a symbol of a political party, on an electric poll with gum. It was alleged that the accused caused a commotion near Annamkulangara Devi Temple and the Electricity Board had to spend Rs. 63 for removing the poster.Justice PV Kunhikrishnan observed that affixing a poster containing the symbol of a recognized political party on an electric post cannot be treated as an act...

Can't Dilute Organ Transplant Rules For Individual Cases: Kerala High Court In Plea By Kidney Patients On Life Support

The Kerala High Court on Tuesday called upon the District Level Authorization Committee for Transplantation of Human Organs (DLAC) to decide if a 'Certificate of Altruism' was required to be obtained by petitioners, kidney patients who are presently on dialysis and other life support mechanisms.Justice Devan Ramachandran highlighted the importance of adhering to the legal requirements outlined in the Rules for organ donation and acknowledged that these rules should not be relaxed or diluted...

Kerala High Court Invokes Parens Patriae Jurisdiction To Select Name Of Child Born To Warring Parents

In an interesting development, the Kerala High Court invoked its parens patriae jurisdiction to select the name of a child, caught in a dispute between her estranged parents with respect to what her name should be.The bench reasoned that attempting to resolve the dispute between the parents will cause inevitable delay and in the meanwhile, the absence of a name would not be conducive to the welfare or the best interests of the child."In the exercise of such a jurisdiction, the paramount...

Court Can't Decide Whether Competition In Particular Sports Category Should Be Conducted Or Not, Prerogative Of State: Kerala High Court

The Kerala High Court stated that decisions such as if a competition has to be conducted in a particular category or not is a prerogative of the Government and has to be decided by a competent authority of the State.Justice Devan Ramachandran observed that the writ court under Article 226 cannot make such decisions as it requires evaluation of necessary factual and documentary inputs.“The question whether a competition in a particular category should be conducted, and in what manner, are to be...

Kerala High Court Closes Plea By Asianet Journalist As Her Name Is Dropped From FIR Over Alleged Conspiracy To Defame SFI Leader

The Kerala High Court has closed the petition filed by the Chief Reporter of Asianet News Channel Akhila Nandakumar to quash the FIR registered against her for allegedly conspiring to defame CPI(M)'s student wing leader PM Arsho in connection with the Maharaja’s College examination controversy.Justice P.V. Kunhikrishnan passed the order, taking note of the submission made by the Public Prosecutor that Nandakumar had already been removed from the array of accused in the crime. PM...

Not All Divorces Have To Be Mutual, Nature Of Previous Divorce Irrelevant To Permit Marriage Under Special Marriage Act: Kerala High Court

The Kerala High Court has held that the registering authority did not have to look into the nature of divorce obtained by the parties while considering their marriage applications under Section 8 of the Special Marriage Act.The bench observed that the Registering Authority only has to be satisfied that neither party who intends to marry has a living spouse at the time of registration of...

CPC | Parties Can't Adduce Evidence Not Supported By Pleadings: Kerala High Court

The Kerala High Court recently laid down that no party could succeed a case by adducing evidence without support of pleadings, since the law is well-settled that one could be permitted to let in evidence only in tune with the pleadings.Justice A. Badharudeen added that the basic rule governing pleadings is founded on the principle of secundum allegata et probate, that a party is not...

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court

The Kerala High Court on Wednesday declared that the State Government ought to confirm the detention order issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAPA, 2007') within 3 months from the date of its execution.The Division Bench comprising Justice Anu Sivaraman and Justice C. Jayachandran observed that while Article 22 (4) of the Constitution does...

'Roads Ordinarily Deserted At Night, Likelihood Of Causing Death By Accident Less': Kerala HC Modifies Charge Against Biker From 304 IPC To 304A IPC

The Kerala High Court recently discharged a person charged under Section 304 IPC stating said that the offence of 'culpable homicide not amounting to murder' will not be attracted to motor accident death caused by him late at night, when roads are deserted.Justice N. Nagaresh observed that knowledge and intention of causing an accident or death could not be presumed in this case and thus...

Humans Dictate Animals' Rights, Occupy Every Inch Of Space They Have: Kerala High Court Laments Rising Man-Animal Conflicts

The Kerala High Court on Wednesday lamented the rising encroachments on forest lands leading to increased human-animal conflicts in the State by the day."Right now, every inch of space animals have, we occupy – and we expect animals to live as per the laws that we make. And we decide what their rights are," the Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath...