Kerala High Court
Two Weeks Prior Notice To Be Given Before Taking Coercive Steps Against Rahul Easwar If Case Is Registered On Compliant Filed By Actress: Kerala HC
The Kerala High Court stated that a two-week prior notice must be given before taking any coercive steps against Rahul Easwar if any case alleging non-bailable offences is registered against him by the Malayalam film actress.Rahul Easwar had allegedly made adverse comments about the actress's dressing style while discussing the Boby Chemmanur case in news channel debates. Boby Chemmanur...
Kerala High Court Expedites Trial In SFI Worker Abhimanyu's Murder Case, Directs Completion Of Trial Within Nine Months
The Kerala High Court has directed the Sessions Court to complete trial into the murder of Abhimanyu, a SFI leader who was stabbed to death in 2018 during a campus political rivalry at Maharajas College in Ernakulam.The direction comes in the plea moved by deceased's mother, stating that the case was pending for six years and there was no progress.Justice Kauser Edappagath ordered thus,...
False Implication In NDPS Cases Has Severe Consequences, Ruins Life: Kerala HC Urges Union To Address Inadequacy Of Sentence For False Accusations
The Kerala High Court has directed the Union Government to consider the inadequacy of sentence imposed on a person under Section 58 of the NDPS Act who falsely implicate innocent persons in NDPS cases. The Court stated that false implication in NDPS cases has severe consequences and can ruin someone's life.The petitioner has approached the High Court seeking bail for providing false...
Kerala High Court Calls For State's Explanation On Circular Allegedly Exempting Public Buses From Following Road Safety Standards
The Kerala High Court has sought instructions from the state government regarding a circular dated December 28, 2024, which allegedly exempts KSRTC buses from adhering to road safety standards.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S. orally said, “We need the circumstances under which the government order was issued.”The Court has sought instructions...
Kerala High Court Weekly Round-Up: January 20 - January 26, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 38 – 54 ]Leena V. A. v The State of Kerala and Others, 2025 LiveLaw (Ker) 38Abhijit George v Assistant Sub Inspector of Police, 2025 LiveLaw (Ker) 39The New India Insurance Co. Ltd. v Fr. Mathew Paikada, 2025 LiveLaw (Ker) 40M/S.Bhageeratha Engineering Ltd. V. State Of Kerala, 2025 LiveLaw (Ker) 41Ammini v State of Kerala , 2025 LiveLaw (Ker)...
Kerala High Court Closes Plea Filed By Gopan Swami's Family Against Exhumation Of His Body From Samadhi Site
The Kerala High Court today closed the writ petition filed by late Gopan Swami's family (wife and children) after exhumation of his body from the Samadhi site.His family had approached the High Court against the order of the District Administration, permitting the exhumation of the body. Today, when the matter was taken up, Justice C.S.Dias noted that the body has been exhumed as per...
Parliament In Its Wisdom Permits Only Limited Not Permanent Guardianship For Mentally Disabled Person Under PwD Act: Kerala HC
The Kerala High Court has observed that there is no provision under the Rights of Persons with Disabilities (RPwD) Act of 2016 for the appointment of a permanent guardian for a person with mental disability.Justice C.S. Dias clarified that this is because the office of guardianship operates on a mutual understanding and trust between the guardian and the person with a disability, intended for...
Kerala HC Warns Of Anarchy And Breach Of Discipline If Govt Servants Violate Govt Orders, Seeks Action On Installing Illegal Hoardings
The Kerala High Court on Friday (January 24) directed the state government to inform the Court as to what action it proposes to take against government servants who were responsible for allegedly installing an illegal and massive hoarding in front of the State Secretariat, despite prohibitory orders passed by it.Justice Devan Ramachandran was informed that the illegal hoarding was...
Muslim Wife Residing Separately From Husband On His Contracting Second Marriage Can Claim Maintenance Under CrPC /BNSS: Kerala High Court
The Kerala High Court has reiterated that a Muslim wife who is residing separately from her husband for contracting second marriage is not disentitled from claiming maintenance under the Criminal Procedure Code or Bharatiya Nagarik Suraksha Sanhita.Justice Kauser Edappagath stated that even though Muslim law permits husband to contract second marriage during subsistence of first marriage,...
Munambam Land Dispute : Kerala High Court Questions Commission's Power To Examine Court Declarations On Waqf, Says It's Inclined To Stay
The Kerala High Court today (24th January) questioned the authority of the State-appointed Commission to inquire into the Munambam land dispute between the locals and the Waqf Board, when the property was declared to be a waqf in judicial proceedings.Dealing with a petition filed by Kerala Waqf Samrakshana Vedhi, a registered society which works to protect Waqf properties in the state,...
Mechanically Implicating Doctor U/S 21 POCSO Act For Not Reporting Crime Against Minor 'Absolute Injustice', Causes Mental Trauma: Kerala HC
The Kerala High Court has asked the investigating officers to be extra cautious while implicating doctors as accused for failing to report commission of crime against minor under Section 19 read with read with Section 21 of the POCSO Act. The Court further stated that arraying doctors mechanically in criminal proceedings as accused is absolute injustice and causes mental trauma to doctors...
Lands Allotted For Industrial Purpose Should Not Be Cancelled By Adopting Hyper-Technical Approach: Kerala High Court
Recently, the Kerala High Court observed that the lands allotted by the State Government in the industrial area are to promote industrial growth and a hyper-technical approach should not be adopted to cancel the allotment. The Court was referring to the Kerala Allotment of Government Land in Development Areas on Hire Purchase For Industrial Purpose Rules, 1969.The Bench of Chief Justice...