Kerala High Court Weekly Round-Up: January 20 - January 26, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 38 – 54 ]Leena V. A. v The State of Kerala and Others, 2025 LiveLaw (Ker) 38Abhijit George v Assistant Sub Inspector of Police, 2025 LiveLaw (Ker) 39The New India Insurance Co. Ltd. v Fr. Mathew Paikada, 2025 LiveLaw (Ker) 40M/S.Bhageeratha Engineering Ltd. V. State Of Kerala, 2025 LiveLaw (Ker) 41Ammini v State of Kerala , 2025 LiveLaw (Ker)...

Kerala High Court Closes Plea Filed By Gopan Swami's Family Against Exhumation Of His Body From Samadhi Site

The Kerala High Court today closed the writ petition filed by late Gopan Swami's family (wife and children) after exhumation of his body from the Samadhi site.His family had approached the High Court against the order of the District Administration, permitting the exhumation of the body. Today, when the matter was taken up, Justice C.S.Dias noted that the body has been exhumed as per...

Parliament In Its Wisdom Permits Only Limited Not Permanent Guardianship For Mentally Disabled Person Under PwD Act: Kerala HC

The Kerala High Court has observed that there is no provision under the Rights of Persons with Disabilities (RPwD) Act of 2016 for the appointment of a permanent guardian for a person with mental disability.Justice C.S. Dias clarified that this is because the office of guardianship operates on a mutual understanding and trust between the guardian and the person with a disability, intended for...

Kerala HC Warns Of Anarchy And Breach Of Discipline If Govt Servants Violate Govt Orders, Seeks Action On Installing Illegal Hoardings

The Kerala High Court on Friday (January 24) directed the state government to inform the Court as to what action it proposes to take against government servants who were responsible for allegedly installing an illegal and massive hoarding in front of the State Secretariat, despite prohibitory orders passed by it.Justice Devan Ramachandran was informed that the illegal hoarding was...

Muslim Wife Residing Separately From Husband On His Contracting Second Marriage Can Claim Maintenance Under CrPC /BNSS: Kerala High Court

The Kerala High Court has reiterated that a Muslim wife who is residing separately from her husband for contracting second marriage is not disentitled from claiming maintenance under the Criminal Procedure Code or Bharatiya Nagarik Suraksha Sanhita.Justice Kauser Edappagath stated that even though Muslim law permits husband to contract second marriage during subsistence of first marriage,...

Munambam Land Dispute : Kerala High Court Questions Commission's Power To Examine Court Declarations On Waqf, Says It's Inclined To Stay

The Kerala High Court today (24th January) questioned the authority of the State-appointed Commission to inquire into the Munambam land dispute between the locals and the Waqf Board, when the property was declared to be a waqf in judicial proceedings.Dealing with a petition filed by Kerala Waqf Samrakshana Vedhi, a registered society which works to protect Waqf properties in the state,...

Mechanically Implicating Doctor U/S 21 POCSO Act For Not Reporting Crime Against Minor 'Absolute Injustice', Causes Mental Trauma: Kerala HC

The Kerala High Court has asked the investigating officers to be extra cautious while implicating doctors as accused for failing to report commission of crime against minor under Section 19 read with read with Section 21 of the POCSO Act. The Court further stated that arraying doctors mechanically in criminal proceedings as accused is absolute injustice and causes mental trauma to doctors...

Lands Allotted For Industrial Purpose Should Not Be Cancelled By Adopting Hyper-Technical Approach: Kerala High Court

Recently, the Kerala High Court observed that the lands allotted by the State Government in the industrial area are to promote industrial growth and a hyper-technical approach should not be adopted to cancel the allotment. The Court was referring to the Kerala Allotment of Government Land in Development Areas on Hire Purchase For Industrial Purpose Rules, 1969.The Bench of Chief Justice...

Kerala High Court Suggests Vesting Single Authority With Charge To Maintain Cleanliness Of Periyar River

The Kerala High Court today suggested that a single authority could be vested with the responsibility of maintaining the cleanliness of Periyar river and to ensure that the river runs pure.The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha has directed the State government to come with a proposal by taking suggestions from the report placed before the Court by an...

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

Editor-in-Chief of Madhyama Syndicate News Channel Anil K Emmanuel has approached Kerala High Court to appoint a Special Prosecutor in a criminal case initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.The proceedings related to the case are currently before the Nedumangad...

Kerala HC Judge Recuses From Hearing Plea By Waqf Protection Organization Against Inquiry Commission In Munambam Land Dispute

Kerala Waqf Samrakshana Vedhi, a registered society which works for protecting Waqf properties in the state, has approached the Kerala High Court challenging the state government's notification appointing a Commission of Inquiry into the Munambam land dispute case.Justice C. S. Dias recused himself from hearing the plea today. Reportedly, the issue came into public attention recently after...

[Motor Accident Claims] Legal Heirs Are Entitled To Compensation For 'Pain And Suffering' Endured By Deceased: Kerala High Court

The Kerala High Court has held that legal heirs are entitled to claim compensation for 'pain and suffering' endured by a deceased motor accident victim.In doing so, Justice C Pratheep Kumar relied on Section 2 of the Kerala Torts (Miscellaneous Provisions) Act of 1977 which provides that all causes of action on account of personal claim would survive to the legal heirs.“Therefore, in the...