In Public Interest: Kerala HC Upholds Mandatory Rotating Medical Internship By Foreign Students For Missing Classes Due To COVID/ Ukraine War

The Kerala High Court has upheld Kerala State Medical Commission's decision mandating two year Compulsory Rotating Medical Internship to foreign students who missed offline classes due to COVID-19 and war in Ukraine, observing that it was made in larger public interestThe petitioners had undergone medical course in Ukraine from 2016-2022. They approached the High Court seeking a declaration...

Kerala High Court Mulls Suo Moto Contempt Action Against Organisers, Persons Who Attended CPI(M) Area Conference By Blocking Road

The Kerala High Court today noted that 40,821 road accidents occurred in the State this year up till October 2024, in which 3,168 persons died and 45,657 persons sustained injuries. The Court is thus set to consider whether suo moto contempt proceedings should be initiated against persons who conducted and attended CPI(M) party's area conference in Vanchiyoor, by obstructing roads on December...

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 782-801]Manoj George v State of Kerala, 2024 LiveLaw (Ker) 782Manohari R v The Deputy Tahsildar (Revenue Recovery), 2024 LiveLaw (Ker) 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw (Ker) 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw (Ker) 785Nishad Padinjare Peediyekkal V Hyderiyya Masjid...

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage.The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. The accused was the father of the victim. He is accused to...

Reports Forming The Basis For Determining EPF Dues Must Be Shared With Parties: Kerala High Court

Kerala High Court: A single bench of Justice N. Nagresh overturned the orders of the Central Government Industrial Tribunal-cum-Labour Court (CGIT) in two writ petitions filed by Sree Narayana Guru Memorial Educational & Cultural Trust. These orders demanded the Trust pay alleged EPF dues. The court ruled that repeated factual errors, procedural issues, and the lack of a fair...

Officer Entitled To Full Pay And Allowances If There Are No Reasons To Keep Him Suspended Till Conclusion Of Disciplinary Proceedings: Kerala HC

The Kerala High Court has held that an officer would be entitled to full pay and allowances if there were no reasons for keeping him under suspension till the conclusion of disciplinary proceedings.The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar observed that disciplinary authority must apply their mind and exercise their discretion in deciding whether the...

Person Is Not Prohibited From Being Summoned As Witness Merely Because He Is An Advocate: Kerala High Court

The Kerala High Court has held that merely because a person is an advocate, he is not automatically prohibited from being summoned as a witness.Justice Kauser Edappagath held that prohibition under Section 126 of Indian Evidence Act will apply only to confidential communication made to the advocate by his client.For context, Section 126 of the Indian Evidence Act imposes certain restrictions...

Clothing Is Form Of Self-Expression, Courts Should Not Morally Police Women Based On Their Clothes: Kerala High Court

The Kerala High Court in a recent judgment observed that that a woman's choice of dress should not be subject to moral policing or judgment, especially by the courts. The Court cautioned that the Judge's personal opinions should not be incorporated into judgments. The Division Bench comprising of Justice Devan Ramachandran and Justice M. B. Snehalatha reminded that the Constitution...

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad

The Kerala High Court on Thursday (December 12) suspended the sentence of M K Nasar (third accused) who was convicted to life imprisonment by the Special Court of Trial of NIA Cases for chopping the hands of Professor T J Joseph.The matter arose in 2010 when a question in an exam set by Professor Joseph, the former Head of the Malayalam Department of Newman College, Thodupuzha, contained...

Kerala High Court Issues Guidelines To Ensure Minors Are Not Mistakenly Tried As Adults

The Kerala High Court, while handling a case in which two juveniles were tried and punished as adults, issued a set of directives to investigating agencies and the district judiciary to prevent such occurrences in the future.The officer arresting the accused shall ensure his age by verifying any authentic documents like Matriculation or Equivalent Certificate, Date of Birth Certificate from...

Kerala HC Reserves Verdict In Appeal Against Donation Of CPI(M) Veteran MM Lawrence's Body To Medical College, Order Likely Next Week

The Kerala High Court on Thursday (12th December) reserved its verdict in an appeal filed by the daughter of deceased CPI(M) veteran MM Lawrence against the Single Bench decision on the donation of his body to Ernakulam Medical College. The court after hearing the parties reserved orders and said it will pronounce the verdict on December 18. The veteran leader had passed away on September 21...

ADM Naveen Babu Death: Kerala High Court Reserves Order On Wife's Plea Seeking CBI Probe

The Kerala High Court on Thursday (December 12) reserved its orders in the plea moved by ADM Naveen Babu's wife seeking a CBI investigation into her husband's death.ADM Naveen Babu's wife alleged that CPM Member and former Kannur district Panchayath President PP Divya is responsible for the death of her husband and raised suspicions of homicidal hanging for CBI probe. Justice Kauser...