Kerala High Court
Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions
The Kerala High Court has stated that proceedings that may result in punishments such as death, imprisonment and forfeiture of property should be filed as Writ Petitions (Criminal). It also stated that petitions related to maintenance of law and order, prevention of breaches of peace, prevention of vagrancy should be filed as Writ Petitions (Criminal). Additionally, the Court clarified that...
Suppression Of Assets While Seeking Permission To Sue As 'Indigent Person' Indicates Party Playing Fraud On Court: Kerala High Court
The Kerala High Court has observed that if a person does not fully disclose the details of his property while applying to sue as an indigent person, it is an indication that he wants to play fraud on the court by suppressing his ability to pay court fee.“When a party in possession of movable/s and immovable property/ies fails to disclose the details of movable/s or immovable property/ies,...
Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court
Kerala High Court while quashing a POCSO case filed by the mother on behalf of her child against her divorced husband observed that there are instances where one spouse uses their minor child to file false POCSO case against the other, to win custody cases.“In cases when the husband and wife are in loggerheads and one among them sues for custody of a minor child, there are instances whereby...
Emergency Situation May Arise For Removal Of Street Vendors, But It Cannot Be Used As Grounds To Bypass Their Statutory Rights: Kerala HC
The Kerala High Court held that the Corporation should not evict street vendors, citing grave and emergent reasons, in violation of their statutory rights guaranteed under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act of 2014.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu observed that the 2014 Act was enacted by the Parliament to...
Contempt Jurisdiction Is Independent, Civil Contempt Petitions Need Not Be Placed Before Same Bench Which Passed Original Order: Kerala HC
The Kerala High Court has ordered that it is not necessary to always place a civil contempt petition before the same Bench which passed the order against which the contempt petition was filed. Currently, this is the practice being followed by the High Court.The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu was deciding on a suo motu petition placed before it by...
Adoptive Parents Not Allowed To Meet Child Physically, Must Be Provided Child Study Report & Medical Report To Give Preference: Kerala HC
The Kerala High Court ruled that prospective adoptive parents must be given child study report and medical examination report to review when they are referred the profiles of children for possible adoption.Justice C.S. Dias referred to Section 59 (6) of the Juvenile Justice (Care and Protection of Children) Act of 2015 and Adoption Regulations of 2022 to state that child study report and...
Hema Committee Report: Amicus Curiae Tells Kerala High Court That An Eminent Woman Should Lead Formulation Of Film Policy
Advocate Mitha Sudhindran, appointed as Amicus Curiae by the special Bench hearing matters related to the Justice Hema Committee Report has suggested in her report submitted before the High Court that it would be wise to nominate a lady of eminent reputation and experience to head the formulation of film policy. The High Court in its hearing had orally remarked that State should see that...
Person Accused Of Vandalising Property Upon Trespass Can Be Asked To Deposit Damages As Condition To Grant Bail: Kerala High Court
The Kerala High Court has held that a person booked for committing mischief under Section 324 of BNS along with house-trespass under Section 333 of BNS, can be asked to deposit an amount in accordance with the damage allegedly caused by him, as a condition precedent to bail. Justice P. V. Kunhikrishnan held that the courts should compulsorily impose this condition while giving bail and...
Kerala High Court Rejects Septuagenarian's Plea Against 'Brain Death', Says Parliament Recognized It Through Definite Medical Procedure
The Kerala High Court has ruled that it cannot review the concept of brain death in India since the Parliament is the only authority to define brain death. The Court further stated that the Parliament through the Transplantation of Organs and Tissues Act (THOTA) of 1994 has recognized brain death and the procedure for transplantation of human organs from brain dead patients in India.The...
Kerala High Court Rehears Appeal Moved By Deceased ADM Naveen Babu's Wife Seeking CBI Probe After Change Of Counsel
The Kerala High Court on Tuesday (February 11) reheard the writ appeal moved by deceased ADM Naveen Babu's wife against the refusal to order a CBI probe into her husband's death.ADM Naveen Babu was found hanging in his official quarters on October 15, 2024. PP Divya, a member of the Communist Party of India (Marxist) which has currently formed the government in Kerala is accused of...
Transman Moves Kerala High Court For Cryopreserving Eggs
A 28 year old person from the transgender community, assigned female at birth but identifying as a man, has approached the Kerala High Court for freezing and storing eggs.KIMS Hospital Trivandrum has denied him permission to cryopreserve his eggs based on his self-perceived gender identity, aggrieved by which he has approached the High Court. Justice C. S. Dias issued notice to the KIMS...
Congress Activist Sheeba Suresh Moves Kerala High Court Seeking Anticipatory Bail In 'Scooter Scam Case'
Congress Leader and former Kumily Panchayat President Sheeba Suresh has approached Kerala High Court seeking bail in the Scooter Scam case. The matter came up before the bench of Justice P. V. Kunhikrishnan on Monday (10th February) and the Court has directed the Public Prosecutor to get instructions from the Government. The case will be considered on 18th February.As per reports,...