Effective Laws Needed To Combat Cyber Bullying In Age Of Social Media But Even Newly Enacted BNS Failed To Address It: Kerala High Court

The Kerala High Court has expressed concerns over the absence of legal provisions to effectively combat cyberbullying and online harassment and remarked that cyberbullying in the form of abusive remarks or derogatory content towards others is inadequately being addressed through the current legal framework. Noting that even the recently enacted Bhartiya Nyaya Sanhita 2023 has no direct...

[Motor Accident Claims] Compensation For Deceased Working Abroad Should Be Calculated At Exchange Rate Prevailing On Date Of Filing Petition: Kerala HC

The Kerala High Court ruled that while calculating compensation for a deceased individual who was working abroad, the Motor Accidents Claim Tribunal should determine the compensation based on the exchange rate prevailing at the date of filing the petition, rather than the exchange rate on the date of the accident.The High Court was considering an appeal against the Tribunal's order...

Integration Of Armed Reserve, Police Battalion Into Common Civil Police Cadre Doesn't Override Statutory Effect Of Special Rules: Kerala HC

The Kerala High Court has held that an executive order integrating Armed Reserve and the Armed Police Battalion into a common cadre called Kerala Civil Police, shall not override the statutory effect of the Kerala Police Subordinate Service Rules (Special Rules) and its subsequent 2017 amendment.The court passed the order in a plea challenging the administrative tribunal's order which...

No Loan Waiver For Wayanad Landslide Victims, Will Grant 1-Year Moratorium And Charge Interest: Says Centre; Kerala HC Expresses Dissatisfaction

The Kerala High Court on Wednesday (26th March) expressed dissatisfaction with the Central government's stand to not waive loans taken by the victims of Wayanad landslide.A division bench comprising Justice AK Jayasankaran Nambiar and Justice Easwaran S. orally observed that the Centre has on many occasions waived loans, and it cannot claim to be powerless when it comes to the affected...

Officer Relinquishing Right To Be Appointed To A Post Based On Seniority, Can't Later Claim To Be Senior To Those Superseding Him: Kerala HC

The Kerala High Court has said that if a person who is eligible to be placed to any other grade/post/cadre or service based on "seniority or such other criteria" relinquishes such a "right" in writing, he cannot change his stance later to say that he should be considered senior to those who have been placed on such a position that he had relinquished. A division bench of Justice A....

Three-Day Absence During COVID Lockdown Not Justification For Compulsory Retirement; Kerala HC Reinstates Railway Employee With Full Benefits

Kerala High Court: A Division Bench comprising Justice Amit Rawal and Justice K.V. Jayakumar set aside the compulsory retirement of a Railway employee. As the only misconduct was unauthorized absence for three days during the pandemic, the court found the punishment to be grossly disproportionate. The court directed his immediate reinstatement with all consequential benefits, and ruled...

Certificate U/S 65B Evidence Act Mandatory To Admit Electronic Evidence, Expert's Report U/S 293 CrPC Not Its Substitute: Kerala High Court

The Kerala High Court has held that the report of a government expert obtained under Section 293 of the CrPC cannot be considered as a formal substitute for a certificate under Section 65B of the Evidence Act which is used to prove the validity of electronic evidence. The Court stated that expert report under Section 293 of CrPC only analyses the evidence and that does not automatically makes...

S.35(3) BNSS | 'What Power Do You Have?': Kerala HC Orally Reprimands Sub-Inspector For Summoning Accused's Lawyer For Questioning In Probe

The Kerala High Court on Tuesday (March 25) orally reprimanded a Sub-Inspector of Police for issuing a notice under Section 35(3) of the BNSS to the lawyer of the accused, summoning him for investigation involving the latter's clients. Section 35(3) states that the police officer shall, in all cases where the arrest of a person is not required under Section 35(1), issue a notice directing...

Tenant Ordered To Pay Enhanced Rent Can't Be Burdened With Substantial Arrears Due To Delay In Proceedings: Kerala HC Calls For Reasonable Installments

The Kerala High Court observed that a tenant who is ordered to pay enhanced fair rent to the landlord cannot be burdened with the payment of a substantial amount in arrears due to delay in the completion of judicial proceedings.The Court referred to the decision in Irvin John Jayarajan and Others v. Madhavi alias Narayani Amma (2022) held that the time limit of four months prescribed...

Although Magistrate's Jurisdiction U/S 14 Of SARFAESI Act Does Not Involve Adjudication, Order Cannot Be Passed Without Application Of Mind: Kerala HC

The Kerala High Court reiterated that while a Magistrate exercising jurisdiction under Section 14 of the SARFAESI Act does not adjudicate on creditor's application for taking possession of the secured assets, they are required to clearly apply mind since it can have drastic consequences. The Court stated that this is the reason why the Parliament has empowered high officials like Chief...

Walayar Rape-Death Case | Kerala High Court Issues Notice On Plea By Victim's Parents To Quash CBI Chargesheet Adding Them As Accused

The Kerala High Court on Monday (March 24) issued notice on a plea filed by the parents of two girls–who were allegedly raped and killed in Walayar in 2017–to quash the charge sheet filed by the CBI which arraigns them as accused. The matter came up before the bench of Justice C. Jayachandran, where Senior Prosecutor for CBI, Senior Advocate Dr. K. P. Satheesan took notice.The CBI...

CSI Medical College Corruption Case: Kerala HC Declines To Quash ED Chargesheet Against Ex-Church Of South India Bishop

The Kerala High Court on Monday (March 24) has refused to quash the charge sheet filed by Enforcement Directorate against Former Church of South India (CSI) Bishop A Dharmaraj Rasalam in the alleged Karakonam CSI Medical College corruption case.The former Bishop was arrayed as the second accused by the ED and the matter is before the Special Court dealing with PMLA Cases. Justice V.G....