Kerala High Court
“If Every State Should Have AIIMS, Why None In Kerala Yet?”: Kerala High Court Asks Centre
The Kerala High Court on Wednesday (11 March) asked the Union Government on the criterion applied for the purpose of prioritizing the establishment of AIIMS.The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering writ petitions seeking establishment of All India Institute of Medical Sciences (AIIMS) under the Pradhan Mantri Swasthya Suraksha...
Kerala High Court Stays Order Directing MLA Rahul Mamkootathil To Provide His Mobile Phone Passcodes To Investigating Officer
The Kerala High Court on Wednesday (March 11) stayed the order of the Judicial First Class Magistrate Court, Thiruvalla that directed Palakkad MLA Rahul Mamkootathil to submit the passcode of his mobile phone, which was seized by the investigating officer in the third rape case alleged against him.Justice C. Jayachandran passed the interim order granting stay after hearing the arguments...
Contractor Suppressing Prior Blacklisting Bars Equitable Relief, But Payment For Executed Work May Still Be Granted: Kerala High Court
The Kerala High Court has reiterated that a party invoking writ jurisdiction must approach the court with clean hands, holding that suppression of a prior blacklisting order disentitles a contractor from equitable relief.The Court further clarified that public authorities may still be directed to release payments for work already executed, subject to contractual recoveries and claims of...
Kerala High Court Quashes Obscenity FIR Against Actor Shwetha Menon, Says Complaint Filed To 'Tarnish' Her Reputation
The Kerala High Court on Wednesday (March 11) quashed all further proceedings in the FIR and private complaint lodged against Malayalam actor Shwetha Menon for allegedly acting in movies and advertisements containing obscene and vulgar visuals.Justice C.S. Dias was considering a plea by the actor seeking to quash all further proceedings against her prusuant to the complaint and FIR. The...
Redisplaying Of Defamatory Content Can Attract Offence U/S 499, 500 IPC: Kerala High Court Refuses To Quash Case Against Magazine Editors
The Kerala High Court recently dismissed the plea preferred by the editors of Vellinakshatram magazine seeking to quash the criminal complaint initiated against them for allegedly defaming an actor by redisplaying on their website the derogatory comments made against him in a Facebook group.Justice G. Girish held that the offence of defamation as provided under Section 499 IPC makes...
Notification Inviting Applications Only For Govt Pleader Can't Be Used To Appoint Public Prosecutor: Kerala High Court
The Kerala High Court has held that notification inviting application only for Government Pleader cannot be used for the appointment of Public Prosecutor. The Court observed that the Rule 7 of the Kerala Government Law Officers(Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 enables the Government to separate the offices of Government Pleaders and Public Prosecutors...
Grounds Of Arrest Need Not Be Separately Communicated To Accused On Production Warrant, But Relatives Must Be Informed: Kerala High Court
The Kerala High Court recently held that when an accused, who is already under judicial custody, is arrested in relation to another case following a production warrant under Section 302 BNSS, there is no need to separately inform him of the grounds of arrest. The reasoning of the Court was that as per Form 37, relating to the order requiring production of a person in prison as per Section...
2017 Actress Assault Case: Kerala High Court Condones 17 Days Delay In State's Appeal
The Kerala High Court on Tuesday (10 March) condoned the 17 days delay in the appeal filed by the State challenging a sessions court order acquitting actor Dileep of all charges in the 2017 Actress Assault case and seeking enhancement of the punishment for the convicted persons. The Division Bench comprising Dr. Justice A. K. Jayasankaran Nambiar and Justice Jobin Sebastian condoned the delay...
Govt Using Employee Data To Communicate Benefits Not Privacy Violation: Kerala High Court Dismisses Plea Challenging CMO's Bulk Messages
The Kerala High Court on Tuesday (March 10) dismissed a plea alleging violation of privacy of government employees and judges by the State by sending bulk messages to their phone numbers, which was illegally accessed from SPARK [Service Pay Roll Administrative Repository for Kerala].Justice Bechu Kurian Thomas pronounced in open court: "Thus, if used for legitimate purposes, including for...
Bail In POCSO Case Can Be Set Aside If Victim Not Heard : Kerala High Court
The Kerala High Court has held that bail granted to an accused in offences under the Protection of Children from Sexual Offences (POCSO) Act can be set aside if the victim or guardian is not given an opportunity to be heard before the bail order is passed.Justice C. Pratheep Kumar was considering a criminal miscellaneous case seeking to set aside the bail order granted by the Sessions...
Kerala High Court Allows Accused To Renew Passport With 5-Year Validity For Overseas Employment
The Kerala High Court recently permitted a person accused in two criminal cases to renew his passport with a validity of 5 years in order to enable him to travel abroad for his new job in Oman.Justice C.S. Dias was considering a plea wherein the petitioner had filed applications in both the cases before the trial court for permission to renew his passport and to travel abroad. Though...
'Medical Service Is Essential': Kerala High Court Directs State To Provide Uninterrupted Medical Services Amid Doctors' Strike
The Kerala High Court recently closed the public interest litigation seeking a direction to the State to ensure uninterrupted functioning of Out-Patient Departments (OPD) and all essential medical services in Government Medical Colleges in view of the indefinite boycott by the Kerala Government Medical College Teachers' Association (KGMCTA), initiated on February 16.The Division Bench of...