Kerala High Court
Kerala High Court Directs Completion Of Census Of Captive Elephants Within One Month
The Kerala High Court on Monday (January 13) ordered that the census of captive elephants in the State be completed before February 15. The Court had in its earlier order on December 19, 2024 directed the State to constitute a committee in each district comprising of the District Collector and Divisional Forest from the District for conducting the survey. The Court said this was necessary...
Kerala High Court Weekly Round-Up: January 6 – 12, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 3- 15]Alex C. Joseph v State of Kerala and Others, 2025 LiveLaw (Ker) 3Manjusha K. v Central Bureau of Investigation and Others, 2025 LiveLaw (Ker) 4Sreekumar A. V. v State of Kerala and Another, 2025 LiveLaw (Ker) 5John Varghese v Laila Beegam A. R. and Others, 2025 LiveLaw (Ker) 6Snigdha Kumar v The Inspector of Police and Another, 2025 LiveLaw...
Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High Court
The Kerala High Court held that a Court while considering a discharge plea cannot consider any documents beyond the prosecution record. Justice A. Badharudeen thus refused to accept the argument of the petitioner that the trial court did not consider one of the documents produced by him which is not part of the prosecution records while considering the discharge plea.“The scope and ambit...
Kerala High Court Declines To Interfere With State's Decision To Allow Govt Employees To Re-Take Dept Exam Due To COVID-19
The High Court held that the Government was within its powers under Rule 39 of Part II of Kerala State and Subordinate Service Rules (KS & SSR) while giving extra chance to State Government employees who had not passed the departmental test necessary for promotion during the COVID-19 pandemic.The Government passed this order after getting representations from employees that they could...
Kerala HC Sets Aside Rule To Levy Additional Fee For Buildings Exceeding 3000 Sq Feet On Land Falling Under Conservation Of Paddy Land & Wetland Act
The Kerala High Court has declared Rule 12(9) of the Kerala Paddy Land and Wetland Rules framed under the Kerala Conservation of Paddy Land and Wetland Act, 2008 levying a fee for the area of a building exceeding 3000 square feet proposed in lands falling under the Act as ultra vires.Justice Mohammed Nias C. P. directed that no such fee shall be demanded from the petitioners while considering...
Rahul Easwar Moves Kerala HC Seeking Anticipatory Bail In Complaint Filed By Actress
Rahul Easwar moves Kerala High Court seeking anticipatory bail in the complaint registered by Malayalam movie actress.Reportedly, Rahul Easwar made adverse comments against the dressing style of the actress while discussing the Boby Chemmanur case in news channel debates. Boby Chemmanur is currently in judicial custody in the case of sexual harassment filed by the actress.The actress through...
Illegal Termination Entitles Employee To Full Back Wages Unless Employer Proves Alternative Employment During Suspension: Kerala HC
Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed an appeal by the Arpookara Service Co-operative Bank Ltd. The bench upheld an Arbitration Court's order to pay full back wages to a former employee. The court held that employers bear the burden of proving that the employee was gainfully employed during his suspension period. In the absence...
Concept Of 'Res Ipsa Loquitur' Is Merely An Aid For Evidence In Criminal Cases, Not Substantive Law: Kerala High Court
The Kerala High Court (on January 08) observed that the principle of res ipsa loquitur (accident speaks for itself) can be extended to criminal cases, only as an aid for assessment of evidence. The maxim does not embody any rule of substantive law nor a rule of evidence., said the Court.The Bench of Justice K Babu observed thus while acquitting an accused, convicted of rash and negligent...
After High Court Nudge, Centre Agrees To Free Kerala Govt Of ₹120 Crore Arrears For Immediate Use In Wayanad Rehabilitation
The Kerala HC on Friday (10th January) noted that the Centre Government by via a recent letter to the State has freed Rs. 120 Crore in the SDRF for utilization by the State. The Division Bench comprising of Justice A. K. Jayasankaran Nambiar and Justice Easwaran S. observed:"The Central Government essentially accepts the proposal that was mooted by us in our previous order and has agreed to...
Businessman Boby Chemmanur Moves Kerala High Court Seeking Bail In Sexual Harassment Case
Businessman Boby Chemmanur has moved an appeal before the Kerala High Court, seeking bail in a sexual harassment complaint raised by a prominent Malayalam film actress.Boby was denied bail by the Ernakulam Magistrate Court on Thursday (9th January) and remanded to 14 days judicial custody.He is booked under Section 75 (Sexual Harassment) of the Bharatiya Nyaya Sanhita and Section 67...
Permission To Donate Human Organs Cannot Be Rejected Without Cogent Evidence Establishing Commercial Element: Kerala High Court
The Kerala High Court on Monday (January 6) held that permission to donate human organs cannot be rejected unless there is cogent material to establish a commercial element.In doing so the court added that if the donor claims that the donation is made purely out of altruism, their statement must be accepted if there is no credible evidence to prove the contrary.Justice C.S. Dias made...