Kerala High Court
Kerala HC Directs State To Provide Reservations To Transgender Persons In Educational Institutions And Public Employment Within 6 Months
The Kerala High Court has directed the State Government to provide reservations to transgender persons within six months in educational institutions and for public employment.In its order dated 28 November 2024, which was made available on the HC website only today, a division bench of Justices A.Muhamed Mustaque and P. Krishna Kumar said that in light of the Supreme Court's decision in...
Kerala HC Grants Bail To Businessman Boby Chemmanur in Sexual Harassment Case, Says Bail Will Be Cancelled If Similar Offence Is Committed
The Kerala High Court on Tuesday (14th January) granted bail to Boby Chemmanur in the sexual harassment case filed by a Malayalam Movie actress. The Court followed the Supreme Court judgment in Arnesh Kumar v State of Bihar (2013) which said that bail shall be granted if the maximum sentence for the offence is less than 7 year. The Court had said that the petitioner shall not commit an offence...
Even If Tenant Acquires Share In Leasehold Property, Co-Owners Can Maintain Eviction Proceedings As Lease Continues: Kerala HC Reaffirms
The Kerala High Court, while deciding eviction proceedings, reiterated that even when the tenant acquires a share of the leasehold property, the other co-owners can maintain an action against him since the lease continues to exist. In such cases, the consent of such a tenant, having a fractional interest in the property, is immaterial.The Bench of Justices A.Muhamed Mustaque and P. Krishna...
'Can't Say There Was No Double Meaning In Boby Chemmanur's Comments', Says Kerala High Court; Bail Order To Be Passed Today
The Kerala High Court on Tuesday(14th January) said that it will pass orders today on Boby Chemmanur's bail petition. The Public Prosecutor opposed the bail. He further submitted before the Court that bail if given, should be on strict conditions. Justice P. V. Kunhikrishnan said that he would record the personal undertaking of Boby's advocate that the petitioner would not make any...
Kerala High Court Directs Completion Of Census Of Captive Elephants Within One Month
The Kerala High Court on Monday (January 13) ordered that the census of captive elephants in the State be completed before February 15. The Court had in its earlier order on December 19, 2024 directed the State to constitute a committee in each district comprising of the District Collector and Divisional Forest from the District for conducting the survey. The Court said this was necessary...
Kerala High Court Weekly Round-Up: January 6 – 12, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 3- 15]Alex C. Joseph v State of Kerala and Others, 2025 LiveLaw (Ker) 3Manjusha K. v Central Bureau of Investigation and Others, 2025 LiveLaw (Ker) 4Sreekumar A. V. v State of Kerala and Another, 2025 LiveLaw (Ker) 5John Varghese v Laila Beegam A. R. and Others, 2025 LiveLaw (Ker) 6Snigdha Kumar v The Inspector of Police and Another, 2025 LiveLaw...
Court Cannot Consider Any Documents Beyond Prosecution Records While Considering Discharge Plea: Kerala High Court
The Kerala High Court held that a Court while considering a discharge plea cannot consider any documents beyond the prosecution record. Justice A. Badharudeen thus refused to accept the argument of the petitioner that the trial court did not consider one of the documents produced by him which is not part of the prosecution records while considering the discharge plea.“The scope and ambit...
Kerala High Court Declines To Interfere With State's Decision To Allow Govt Employees To Re-Take Dept Exam Due To COVID-19
The High Court held that the Government was within its powers under Rule 39 of Part II of Kerala State and Subordinate Service Rules (KS & SSR) while giving extra chance to State Government employees who had not passed the departmental test necessary for promotion during the COVID-19 pandemic.The Government passed this order after getting representations from employees that they could...
Kerala HC Sets Aside Rule To Levy Additional Fee For Buildings Exceeding 3000 Sq Feet On Land Falling Under Conservation Of Paddy Land & Wetland Act
The Kerala High Court has declared Rule 12(9) of the Kerala Paddy Land and Wetland Rules framed under the Kerala Conservation of Paddy Land and Wetland Act, 2008 levying a fee for the area of a building exceeding 3000 square feet proposed in lands falling under the Act as ultra vires.Justice Mohammed Nias C. P. directed that no such fee shall be demanded from the petitioners while considering...
Rahul Easwar Moves Kerala HC Seeking Anticipatory Bail In Complaint Filed By Actress
Rahul Easwar moves Kerala High Court seeking anticipatory bail in the complaint registered by Malayalam movie actress.Reportedly, Rahul Easwar made adverse comments against the dressing style of the actress while discussing the Boby Chemmanur case in news channel debates. Boby Chemmanur is currently in judicial custody in the case of sexual harassment filed by the actress.The actress through...
Illegal Termination Entitles Employee To Full Back Wages Unless Employer Proves Alternative Employment During Suspension: Kerala HC
Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed an appeal by the Arpookara Service Co-operative Bank Ltd. The bench upheld an Arbitration Court's order to pay full back wages to a former employee. The court held that employers bear the burden of proving that the employee was gainfully employed during his suspension period. In the absence...
Concept Of 'Res Ipsa Loquitur' Is Merely An Aid For Evidence In Criminal Cases, Not Substantive Law: Kerala High Court
The Kerala High Court (on January 08) observed that the principle of res ipsa loquitur (accident speaks for itself) can be extended to criminal cases, only as an aid for assessment of evidence. The maxim does not embody any rule of substantive law nor a rule of evidence., said the Court.The Bench of Justice K Babu observed thus while acquitting an accused, convicted of rash and negligent...