Article 227 Of The Constitution Cannot Be Used As An Appellate Or Revisional Power: Kerala High Court

The Kerala High Court, while dismissing a petition, observed that its supervisory jurisdiction, as provided under Article 227 of the Constitution, cannot be used as an appellate or revisional power. Such power must be exercised sparingly and in cases of apparent error or grave injustice.“The power under Article 227 of the Constitution would be restricted to interference in cases of...

Right To Agitate Does Not Give License To Block Public Roads Or Footpaths: Kerala High Court Observes

The Kerala High Court today (February 10) orally observed that while people can agitate in an appropriate manner, this does not give them the license to block public roads or footpath.“Any person can have the agitations in an appropriate way, but that will not give a license to put up stages on the public road or even on the pedestrian facilities provided on the road”, Justice Anil...

PSU Employees Nearing Superannuation Can't Seek To Continue In Service Until Govt Takes Formal Decision To Enhance Retirement Age: Kerala HC

The Kerala High Court has set aside a single bench order permitting employees of various Public Sector Undertakings (PSU's) to continue in service, irrespective of their retirement age, until the government takes a decision on the expert committee's report on the feasibility of enhancing retirement age from 58 to 60.The Division Bench of Justice Anil K.Narendran And Justice Muralee Krishna...

Kerala High Court Weekly Round-Up: February 03 - 09, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 74 – 91]Sneha Vijayan v State of Kerala, 2025 LiveLaw (Ker) 74State of Kerala v Pradeepkumar A.V, 2025 LiveLaw (Ker) 75Biju Abraham and Another v State of Kerala, 2025 LiveLaw (Ker) 76Ciby George v District Collector & Connected Cases, 2025 LiveLaw (Ker) 77Shuaib A. S. v State of Kerala and Another, 2025 LiveLaw (Ker) 78Sooryanarayanan v State...

Govt Can't Impose Compulsory Service Bond On Students Midway Through Course, 'Legal Certainty' Proscribes Unforeseen Obligations: Kerala HC

The Kerala High Court has ruled that government cannot insist students to execute bonds for compulsory service midway through their course. The Court further stated that the government should have informed the students about the compulsory service before admitting them to the program and cannot impose the execution of such bond agreements midway through their studies.The Court passed the...

Can Uniform Format Be Established For Incorporating Terms Of Settlement In Judicial Orders For ADR Cases: Kerala High Court Considers

The Kerala High Court stated that incorporating terms of settlement in judgments, decrees and orders would depend upon the 'nature of cases' and 'consent of parties'. The Court clarified that an omnibus order cannot be issued in the absence of a statutory provision and stated that each judge must decide based on the consent of parties whether the terms of settlement can be included in...

Kerala High Court Issues Notice On Plea Against 'Oru Jaathi Jathakam' Movie For Allegedly 'Humiliating' Members Of LGBTQ+ Community

A writ petition has been filed before the Kerala High Court against the movie 'Oru jaathi jathakam' for allegedly humiliating and being derogatory towards the LGBTQ+ community. The petition was filed by Shakiy S. Priyamvadha who moved the petition as a representative of the community.The petitioner has submitted that the movie uses derogatory words to refer to the community. The petitioner...

S.74 Kerala Forest Act Protects Acts Done By Officials In Good Faith, Doesn't Grant Unbridled Power Of Seizure: High Court

The Kerala High Court held that if absolute protection is given to officers under Section 74 of Kerala Forest Act, damages caused to the person due to mischievous acts of an officer would not be addressed. For context, Section 74 gives protection from criminal or other proceedings to forest officers for acts done in good faith.“….if the protection under Section 74 of the Act 1961, is...

Pay ₹27,500 Honorarium To Pre-Primary School Teachers & ₹22,500 To Ayahs: Kerala High Court Directs State Govt

The Kerala High Court has ordered the government to pay an amount of rupees twenty seven thousand five hundred rupees per month to pre-primary school teachers and rupees twenty two thousand five hundred per month to ayahs attached to the Government Pre- Primary Schools appointed by the respective Parent Teachers Association.The above order was passed in writ petitions filed by pre-primary...

Kerala High Court Grants Interim Protection To Former MLA PC George Booked For 'Hate Speech' Against Muslim Community

Former MLA PC George has approached the Kerala High Court seeking anticipatory bail in connection with a FIR lodged against him for allegedly making hate speech against the Muslim community during a channel debate.Justice P V Kunhikrishnan orally said that he is a public figure and everyone listens to him that he must be careful while using words. “He shall not be arrested till next...

Courts Can't Rely On Rigid Definitions Of Cruelty, Must Assess If Conduct Makes It Unreasonable For One Spouse To Live With Other: Kerala HC

The Kerala High Court has reiterated that while dealing petitions for divorce on ground of cruelty, Courts cannot rely on rigid definitions of cruelty.Stating that the emotional quotient of every individual is different, it added that Courts must assess whether the conduct of one spouse has made it unreasonable for the other spouse to live with them.The Court passed the above order an...

Children Must Maintain Aged Parents Even If They Receive Some Financial Support From Family/Friends: Kerala HC Explains Filial Duty

The Kerala High Court recently stated that even if aged father or mother receives financial support from friends or relatives to support themselves, it does not absolve the children of their obligation to provide maintenance.Justice Kauser Edappagath observed that filial duty is a fundamental obligation and is embedded in morality, religion and law. The Court stated that children,...