MV Act | Deceased's Married Sister May Not Be Dependent, But As Sole Heir Is Entitled To Compensation For Loss Of Estate: Kerala HC

In a case motor vehicle compensation case where a man died in an accident, the Kerala High Court said that his married sister cannot claim compensation for loss of dependency, but as his sole legal heir, she is entitled to claim compensation under the heads of loss of estate as well as loss of love and affection. The deceased died in a bike accident. The Motor Accident Claims Tribunal found...

[Veterinary Student Death] 'Ragging Worse Than Vandalism': Kerala High Court Stays Re-admission Of Accused Students At Mannuthy Campus

The Division Bench of the Kerala High Court has stayed the order of the single judge which allowed the re-admission of eighteen students at the College of Veterinary & Animal Sciences at Mannuthy who were implicated as accused in the suicide of Sidharthan J S.Sidharthan allegedly died by suicide on February 18, 2024, due to ragging and brutal assault at the College of Veterinary and...

When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail

The Kerala High Court recently held that when the prosecution is solely responsible for the delay in concluding the trial, the liberty guaranteed under Article 21 of the Constitution overrides the effect of Section 37(1)(b) of the NDPS Act.Section 37 of the Narcotic Drugs and Psychotropic Substances Act places an additional condition on giving bail when the offence involves commercial...

When Doctor Who Initially Treated POCSO Victim Reported Crime To Police, Action Against Subsequent Doctor U/S 21 Is Unwarranted: Kerala HC

The Kerala High Court has held that the POCSO Act does not provide an outer limit for reporting of offences to the Police, and that the intent is to report to the Police without delay.The Court was considering whether a doctor, who treated the victim subsequently, could be held criminally liable for failing to report the commission of offences under the POCSO Act, when the information had...

Kerala High Court Dismisses VHP's Challenge To Caste Certificate Of Hindu Woman Married To Christian Man

The Kerala High Court has dismissed a writ appeal preferred by Vishwa Hindu Pareeshath (VHP) against the grant of OBC Non-Creamy Layer certificate to a Hindu woman namely Kumari Bindhu, who married a Christian man. The certificate said that she belonged to Hindu-Nadar caste and belonged to Non-Creamy Layer.The Caste Hindu-Nadar was recorded by her while she applied for the post of Last...

Kerala High Court Permits NDPS Accused To Go Abroad For Employment, Says Comparison With Vijay Mallya, Nirav Modi 'Unwarranted'

The Kerala High Court recently stated that it was unjust to deny a 24-year-old man, who is the fourth accused in an NDPS case, permission to travel abroad for employment when conclusion of trial was not foreseeable in near future.In the facts of the case, ˇJustice VG Arun further observed that the Sessions Court citing examples of Vijay Mallya and Nirav Modi to deny permission to accused...

Kerala High Court Orders Demolition, Reconstruction Of Housing Towers Built For Personnel In Armed Forces Citing Structural Issues

The Kerala High Court has ordered the Army Welfare Housing Organisation (AWHO) for the demolition and reconstruction of Chander Kunj Army Towers (Towers B and C).AWHO, a society focused on providing affordable housing to serving and retired Army personnel, as well as widows of Army members, developed the SSI (Silver Sand Island) project, also called Chander Kunj Army Towers. The project...

Munambam Land Not Waqf Property, Deed Contains No 'Permanent Dedication' To God: Farook College Argues In Kerala High Court

Farook College, which is embroiled in Munambam land dispute with Kerala Waqf Samrakshana Vedhi, a registered society which works to protect Waqf properties in the state, has claimed before the Kerala High Court that the lands in question are not Waqf property.The land was given by Siddiq Sait to Farook College in 1950. There is a dispute as to whether Siddiq intended it to be a gift or Waqf....

Kerala High Court Flags Exponential Rise In Cases Of Outraging Woman's Modesty, Says It Includes Her 'Moral And Psychological' Modesty

The Kerala High Court in a recent judgment expressed concern over the exponential rise in cases relating to outraging a woman's modesty. Justice A. Badharudeen said that though the law has been strengthened in the matter of sexual offences, the effective implementation of the same should be ensured.“The legislature has taken steps to strengthen laws against sexual offences, with...

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5(i) of the Kerala High Court Act, 1958.In the facts of the case, the Court was considering the maintainability of a writ appeal against an interim order under Section...

Kerala HC Grants Anticipatory Bail To Reporter TV Editors In POCSO Case, Says 'Inappropriate Questions' To Child Should Have Been Avoided

The Kerala High Court on Monday (February 3) allowed the anticipatory bail applications filed by Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. The duo were booked under Section 11(i) of the POCSO Act for allegedly sexually harassing a girl child through words and gestures.Justice P. V. Kunhikrishnan observed that prime facie, while...

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court

The Kerala High Court has held that the detaining authority under the Kerala Anti-Social Activities Prevention Act (KAAPA) has a duty to provide the detenu with legible copies of all relevant documents forming basis for the detention, including the detention order. The Court stated that the detenu can only exercise his constitutional right under Article 22(5) of the Constitution and his...