Kerala High Court
Allegations Against Husband's Relatives Cannot Be Viewed As False As A Thumb Rule Without Addressing Them: Kerala High Court
The Kerala High Court has held that the allegations against the relatives of the husband cannot be generally viewed as false, as a thumb rule without addressing them.Justice A. Badharudeen observed that general and sweeping allegations of cruelty against the relatives of husband are insufficient to attract an offence of cruelty under Section 498A of the IPC and there must be specific...
Reporter TV's Consulting Editor Arun Kumar K, Sub-Editor Approach Kerala High Court Seeking Anticipatory Bail In POCSO Case
Malayalam news channel Reporter TV's consulting editor Arun Kumar K and Sub-editor Shabas Ahammed S have approached the Kerala High Court seeking anticipatory bail in a POCSO case, lodged for allegedly sexually harassing a child. They are booked under Section 11(i) (Sexually harassing a child by words or gesture) of the POCSO Act. The plea will be heard by Justice P. V. Kunhikrishnan on...
Kerala High Court Declines Peremptory Mandamus To Desist Authorities From Seizing Pan Masala Products At Check Posts
The Kerala High Court has dismissed a writ petition filed by a wholesale dealer of tobacco-free pan masala, 'Vimal and Shikkar Pan Masala' who sought a direction to authorities at Muthanga and Valayar Check Posts to allow the transportation of her Pan Masala from Karnataka and New Delhi to Kerala for sale.Justice C S Dias stated that merely because petitioner claims that her Pan Masala does...
Kerala High Court Disallows Construction Of Public Crematorium In Dense Mangroves Forest Area Classified As CRZ-1A
The Kerala High Court has dismissed an appeal filed by Dharmadam Grama Panchayat seeking to construct a public crematorium in a site of mangrove forest. The Coastal Zone Management Authority (CZMA) had given permission to construct the crematorium in the area. However, the Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu observed that the permission itself mentions...
Not Every Interference Is 'Mischief': Kerala HC Quashes Case Against Apartment Owners Association For Disconnecting Water Supply Over Unpaid Charges
The Kerala High Court has quashed criminal proceedings of mischief alleged against Apartment Owners Welfare Association for disconnecting water supply distribution over unpaid water charges. The Court stated that every interference with distribution of water supply would not amount to an act of mischief under Section 430 of the IPC.Section 430 of the IPC deals with diminution of supply of...
Film Director Ranjith Moves Kerala High Court To Quash Outraging Modesty Complaint
Malayalam film director Ranjith approached the Kerala High Court on Monday (January 13) seeking quashing of proceedings against him based on an FIR lodged by a Bengali actress alleging the commission of an offence under IPC Section 354 (assault or criminal force to outrage woman's modesty) and 509 (word, gesture, act intended to outrage woman's modesty).The proceedings are pending...
Malayalam Abuse 'P***di Mone' Means 'Son Of Sex Worker', Not Casteist Slur : Kerala High Court
The Kerala High Court has held that the Malayalam phrase- 'pulayadi mone', meaning 'son of a prostitute' is not a castiest slur to attract an offence under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.Justice C S Sudha observed thus, “Going by the dictionary meaning, the word പുലയടി മോനെ means son of a prostitute. That being so,...
Divorce More Traumatic For Woman When Husband Resists Maintenance Claim, Capable Man Can't Take Defence Of “Inadequate Resources”: Kerala HC
While hearing a man's plea challenging the amount of maintenance ordered to be given to his ex-wife and four children, the Kerala High Court reiterated that a man/obligant who is capable of earning and has no physical incapacities, cannot take the defence of having "no resources" to maintain the beneficiaries.A division bench of Justice Devan Ramachandran and Justice M. B. Snehalatha said:...
Medical Evidence Of Hymen Being Intact By Itself Not Sufficient To Hold That There Was No Penetrative Sexual Assault Or Coitus: Kerala HC
The Kerala High Court has said that medical evidence showing that hymen is intact by itself would not prove that there was no penetrative sexual assault or coitus.Justice A. Badharudeen thus dismissed a criminal revision petition of the petitioner on finding that the prosecution has made out a prima facie case that he kidnapped the minor child with intent to sexually assault her. Court...
Wayanad Landslides: Kerala High Court Says Grant Of Compensation A Policy Decision, Survivors Can't Contest Its Adequacy
The Kerala High Court today (January 16) expressed disinclination towards a resident's plea to enhance the compensation announced by the State government to rehabilitate the survivors of the deadly landslides that hit the hilly areas of Wayanad last year.The State has announced a housing township or compensation capped at Rs. 15 lakh. Moreover, after resettlement, the survivors will continue...
Consolidation Of Suits Not Provided In CPC, Joint Trial Depends On Equity, Justice, Convenience And Necessity: Kerala High Court
The Kerala High Court (on January 14), while refusing to order a joint trial of suits, observed that the Civil Procedure Code does not specifically provide for consolidation of suits. Instead, its necessity is governed by equity, justice, convenience and necessity. Further, the Court may consider the principle of prejudice while ordering a joint trial.“The Civil Procedure Code does...