Kerala High Court Suggests Vesting Single Authority With Charge To Maintain Cleanliness Of Periyar River

The Kerala High Court today suggested that a single authority could be vested with the responsibility of maintaining the cleanliness of Periyar river and to ensure that the river runs pure.The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha has directed the State government to come with a proposal by taking suggestions from the report placed before the Court by an...

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

Editor-in-Chief of Madhyama Syndicate News Channel Anil K Emmanuel has approached Kerala High Court to appoint a Special Prosecutor in a criminal case initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.The proceedings related to the case are currently before the Nedumangad...

Kerala HC Judge Recuses From Hearing Plea By Waqf Protection Organization Against Inquiry Commission In Munambam Land Dispute

Kerala Waqf Samrakshana Vedhi, a registered society which works for protecting Waqf properties in the state, has approached the Kerala High Court challenging the state government's notification appointing a Commission of Inquiry into the Munambam land dispute case.Justice C. S. Dias recused himself from hearing the plea today. Reportedly, the issue came into public attention recently after...

[Motor Accident Claims] Legal Heirs Are Entitled To Compensation For 'Pain And Suffering' Endured By Deceased: Kerala High Court

The Kerala High Court has held that legal heirs are entitled to claim compensation for 'pain and suffering' endured by a deceased motor accident victim.In doing so, Justice C Pratheep Kumar relied on Section 2 of the Kerala Torts (Miscellaneous Provisions) Act of 1977 which provides that all causes of action on account of personal claim would survive to the legal heirs.“Therefore, in the...

Geographical Restrictions On Prisoners Visiting Family Under Police Escort Doesn't Violate Fundamental Rights: Kerala HC

The Kerala High Court has held that the geographical restrictions on escort visits of prisoners to see their family–restricting it to within the state except in the case of death of near relatives, are based on practical considerations and do not violate prisoners' fundamental rights.An escort visit generally denotes a visit under escort to any place by a prisoner.The petitioner, a...

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC

The Kerala High Court clarified that if bail application of an accused is allowed, then the bail application of co-accused in the same crime cannot be denied without giving sufficient reasons for denial. The Court further clarified that if the bail application of one co-accused is rejected, then the bail application of another co-accused may still be granted if the allegations against...

[Service Law] HC Can Interfere With Compensation Commissioner's Order If Employer-Employee Relationship Not Established: Kerala High Court

The Kerala High Court has reiterated that it can exercise jurisdiction over the order of Compensation Commissioner when there is lack of evidence to prove the existence of an employer-employee relationship, which is a jurisdictional fact to be established, for the Commissioner to exercise its jurisdiction.As per the facts, the appellant was ordered to pay over six lakhs by the...

[Income Tax] Assessing Officer Not Only An Adjudicator But Also An Investigator, Cannot Remain Oblivious To Claim Without Enquiry: Kerala HC

The Kerala High Court stated that the Income Tax Commissioner can exercise Revisional Jurisdiction under Section 263 of the Income Tax Act, 1961. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “The role of the assessing officer under the Income Tax Act, 1961 is not only that of an adjudicator but also of an investigator and he cannot...

Kerala HC Dismisses Appeal Against Integrity Certificate Granted To SP Who Probed Walayar Rape-Death Case, Says Selection Committee Can Evaluate

The Kerala High Court has dismissed the appeal filed by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police MJ Sojan, who probed the case. The certificate is a requirement for considering his candidacy for conferring an officer with IPS cadre. It is the mother's case that the...

Merely Because 16-Yr-Old Sexual Abuse Survivor Smokes Not Ground To Say He Is Of Deviant Character: Kerala HC Upholds Conviction U/S 377 IPC

The Kerala High Court while dismissing the appeals of two men who were convicted and sentenced to three year imprisonment for committing an offence under Section 377 of IPC for sexually abusing a minor boy, observed that the victim's testimony cannot be termed as deviant or unreliable merely because he smoked. The allegation against the accused men was that they took a 16-year-old boy in...

Kerala HC Dismisses Challenge Against Dismissal Of Coast Guard Officer Whose Vessel Allegedly Collided With Boat Causing Death Of 5 Fishermen

The Kerala High Court dismissed the challenge against the dismissal of a Deputy Inspector General (DIG) of the Coast Guard after the vessel on which he was the Commanding Officer (Designate) collided with a fishing boat and caused the death of 5 fishermen and 1 fisherman missing.The vessel started from Goa Shipyard and collided with the boat on its way back to the Shipyard. The fishing boat...

Kerala High Court Doubts Validity Of Govt Order Empowering Local Body Heads To Kill Wild Boars

The Kerala High Court on Tuesday (January 21) expressed its doubts on the validity of the Government Order empowering heads of Local Self Government Institutions (LSGIs) to kill wild boars that stray into human settlements and cause damage to life and property.The court was hearing a matter wherein the Forest Department while exercising the power under Section 11 of the Wildlife Protection...