Kerala High Court Permits NDPS Accused To Go Abroad For Employment, Says Comparison With Vijay Mallya, Nirav Modi 'Unwarranted'

The Kerala High Court recently stated that it was unjust to deny a 24-year-old man, who is the fourth accused in an NDPS case, permission to travel abroad for employment when conclusion of trial was not foreseeable in near future.In the facts of the case, ˇJustice VG Arun further observed that the Sessions Court citing examples of Vijay Mallya and Nirav Modi to deny permission to accused...

Kerala High Court Orders Demolition, Reconstruction Of Housing Towers Built For Personnel In Armed Forces Citing Structural Issues

The Kerala High Court has ordered the Army Welfare Housing Organisation (AWHO) for the demolition and reconstruction of Chander Kunj Army Towers (Towers B and C).AWHO, a society focused on providing affordable housing to serving and retired Army personnel, as well as widows of Army members, developed the SSI (Silver Sand Island) project, also called Chander Kunj Army Towers. The project...

Munambam Land Not Waqf Property, Deed Contains No 'Permanent Dedication' To God: Farook College Argues In Kerala High Court

Farook College, which is embroiled in Munambam land dispute with Kerala Waqf Samrakshana Vedhi, a registered society which works to protect Waqf properties in the state, has claimed before the Kerala High Court that the lands in question are not Waqf property.The land was given by Siddiq Sait to Farook College in 1950. There is a dispute as to whether Siddiq intended it to be a gift or Waqf....

Kerala High Court Flags Exponential Rise In Cases Of Outraging Woman's Modesty, Says It Includes Her 'Moral And Psychological' Modesty

The Kerala High Court in a recent judgment expressed concern over the exponential rise in cases relating to outraging a woman's modesty. Justice A. Badharudeen said that though the law has been strengthened in the matter of sexual offences, the effective implementation of the same should be ensured.“The legislature has taken steps to strengthen laws against sexual offences, with...

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5(i) of the Kerala High Court Act, 1958.In the facts of the case, the Court was considering the maintainability of a writ appeal against an interim order under Section...

Kerala HC Grants Anticipatory Bail To Reporter TV Editors In POCSO Case, Says 'Inappropriate Questions' To Child Should Have Been Avoided

The Kerala High Court on Monday (February 3) allowed the anticipatory bail applications filed by Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. The duo were booked under Section 11(i) of the POCSO Act for allegedly sexually harassing a girl child through words and gestures.Justice P. V. Kunhikrishnan observed that prime facie, while...

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court

The Kerala High Court has held that the detaining authority under the Kerala Anti-Social Activities Prevention Act (KAAPA) has a duty to provide the detenu with legible copies of all relevant documents forming basis for the detention, including the detention order. The Court stated that the detenu can only exercise his constitutional right under Article 22(5) of the Constitution and his...

Substantive Provisions Require Strict Compliance In Disciplinary Proceedings, Test Of Prejudice Applies In Case Of Procedural Violations: Kerala HC

The Kerala High Court has held that disciplinary proceedings need to be compulsorily set aside if there is a violation of the substantive provisions involved. In case of procedural violations, the court said that the proceedings should be set aside only if there is any prejudice caused to the employee due to such violation.The Division Bench comprising Justice A. Muhamed Mustaque and Justice...

Kerala High Court Weekly Round-Up: January 27 - February 02, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 55-73Sulochana T and Others v District Collector, Thiruvananthapuram and Others, 2024 LiveLaw (Ker) 55 M M Narayana Das v State of Kerala, 2024 LiveLaw (Ker) 56Rahul Easwar v State of Kerala, 2025 LiveLaw (Ker) 57Ismail Kunju M v State of Kerala, 2025 LiveLaw (Ker) 58Assistant Commissioner Of Income Tax v. Mohammed Salih, 2025 LiveLaw (Ker)...

Marriage Between Indian & Foreigner Solemnised Outside India Cannot Be Registered Under Special Marriage Act : Kerala High Court

The Court allowed the registration of the marriage under Foreign Marriage Act through virtual mode.

'Reconstitution Of Committee In The Middle Of Interview Arbitrary': Kerala High Court Cancels Appointment Of Asst Professors In Kannur University

The Kerala High Court cancelled the selection of Assistant Professors in Kannur University made by the Selection Committee partly chaired by the former Vice Chancellor Gopinath Ravindran. In-midst of the selection process, on November 30, 2023 the Supreme Court had set aside the appointment of Dr. Gopinath Ravindran as the VC of the University.On the second day of the interview, Dr....

Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation

The Kerala High Court stated that showing undue leniency towards a government employee in disciplinary proceedings could undermine the essential discipline required in public service.Considering the facts of the case, the Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar stated that the punishment of dismissal from service was proportionate to the offences committed by...