Kerala High Court
State Has Taken Substantial Steps On Issue Of Desiltation Of Dams, Reservoirs To Restore Storage Capacity For Flood Mitigation: Kerala HC Closes PIL
The Kerala High Court recently observed that the State Government has implemented various measures like formulating a Standard Operating Procedure (SOP) and establishing Technical and Empowered Committees to facilitate desiltation of dams and reservoirs in the State for restoring storage capacity and flood mitigation.Desiltation is the removal of silt and sediments from dams and reservoirs...
Civil Contempt Jurisdiction Intended To Ensure Compliance With Orders, Not To Modify Earlier Orders: Kerala High Court
The Kerala High Court, while explaining the scope of civil contempt jurisdiction, stated that it is intended to ensure compliance with judicial orders and not to supplement or modify earlier judicial orders. The Court emphasised that contempt proceedings cannot be used for the adjudication of new issues and for the issuance of fresh directions that are not contained in the judgement.The...
Kerala High Court Grants Police Protection To Interfaith Couple From Jharkhand Who Fled To Kerala And Got Married
The Kerala High Court ordered for police protection to an interfaith couple from Jharkhand who fled their home state due to threat from their families, came to Kerala and got married. The Court has also directed the police to ensure that the couples are not repatriated elsewhere during the pendency of the writ petition.Justice C.S. Dias orally said, “Be there, if there is anything report to...
Needs Lasting Solution: Kerala HC Directs KeLSA To Obtain Grievances, Suggestions From Inhabitants Living In Human-Animal Conflict Areas
Observing that it cannot remain passive to an issue which needs a lasting solution, the Kerala High Court directed the Kerala State Legal Services Authority (KeLSA) to co-ordinate with District Legal Services Authorities and Taluk Legal Services Authorities to conduct a survey of grievances and suggestions from people living in human-animal conflict areas.It further directed KeLSA to inform...
Attachment Under Banning Of Unregulated Deposit (BUDS) Act Doesn't Have Precedence Over SARFAESI/ IBC Proceedings: Kerala HC
The Kerala High Court held that attachment under the Banning of Unregulated Deposit Schemes Act (BUDS Act) does not have precedence over proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) or the Insolvency and Bankruptcy Code (IBC)Section 13 of the BUDS Act says that an order of provisional attachment passed by...
No New Flag Masts Or Poles To Be Erected In The State Without Permission From Competent Authorities: Kerala High Court Orders
The Kerala High Court ruled that no temporary or permanent flag masts or poles shall be installed in any public space, puramboke area, or road margins within the State without obtaining the necessary permissions or clearances from competent authorities as required by law.The single bench of Justice Devan Ramachandran further directed the Secretary of the Local Self Government Institutions ...
Not Mandatory To Obtain Sanction To Prosecute Public Servant For Failing To Report POCSO Offences, S. 19 Contains Non-Obstante Clause: Kerala HC
The Kerala High Court has held that it is not mandatory to obtain sanction under Section 197 of CrPC or Section 218 of the BNSS to prosecute a public servant under Sections 19 and 21 of the POCSO Act for failing to report POCSO OffencesThe Court made this ruling on noting that Section 19 which mandates reporting of POCSO offences begins with a non-obstante clause, 'Notwithstanding...
Govt Must Be Able To Determine Strength Of Local Bodies In Interest Of Effective Governance: Kerala HC Affirms State's Delimitation Exercise
The Kerala High Court on Monday (24th February) overturned the decision of a Single Bench invalidating the delimitation exercise for 8 municipalities and one panchayat.Background of the CaseThe Kerala Government by virtue of Kerala Municipality (Second Amendment) Act, 2024 and Kerala Panchayat Raj (Second Amendment) Act, 2024 increased the ratio of number of counsellors/ panchayat members to...
Married Woman Of Eligible Age Can Undergo IVF Treatment Despite Husband's Ineligibility Provided He Consents: Kerala High Court
The Kerala High Court has permitted a married woman aged 46 years to avail Assisted Reproduction Technology (ART) procedure, even though her husband who is 57 years old has become ineligible to avail the ART services. The Court found that the married woman can independently undergo ART procedure through intrauterine insemination using donor male gametes, even though the husband has surpassed...
Will Remove Former HC Judge From Array Of Accused In CSR Scam Case: Kerala Police To High Court
The Kerala High Court today closed the PIL filed by lawyers challenging the registration of FIR against former Kerala High Court judge Justice C N Ramachandran Nair in the CSR funds scam case, on recording the written statement filed by Director General of Prosecutions that he would be removed from the array of the accused.The Division Bench of Justice A. Muhammad Mustaque and Justice P....
POCSO Act | Physical Contact Of Penis With Female Genital Constitutes 'Penetrative Sexual Assault', Vaginal Insertion Not Necessary: Kerala HC
The Kerala High Court has held that penetration of male genital organ within the labia majora or vulva without penetrating the vagina will constitute the offence of penetrative sexual assault under Section 3 of POCSO Act.“… penetration of the male genital organ within the labia majora or the vulva, with or without any emission of semen or even an attempt at penetration into the private...
Kerala High Court Grants Extraordinary Family Pension To Kin Of CRPF Personnel Who Died On Duty, Denied On Allegation Of Being Inebriated
The Kerala High Court recently granted extraordinary family pension to the wife of a deceased CRPF personnel who died during the course of his duty due to drowning in a tank of water while employed as Constable General duty in the 85th Battalion (Bn) deployed in Chhattisgarh. In doing so the court held that when the Court of Inquiry (CIF) conducted by the CRPF did not indicate that the...