Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC

The Kerala High Court has stated that body shaming of a woman by her sister-in-law would prima facie amount to wilful conduct to cause injury to health of a woman to attract an offence of cruelty under Section 498A of the IPC.In the facts of the case, the sister-in-law had approached the High Court to quash the criminal proceedings against her, stating that she would not come within the...

Kerala High Court Weekly Round-Up: November 11-November 17, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 708-726]Yasar Arafath v State of Kerala, 2024 LiveLaw (Ker) 708Suseelan v State of Kerala & Another, 2024 LiveLaw (Ker) 709Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 710K Sukumaran v Kerala State Waqf Board, 2024 LiveLaw (Ker) 711Amjith v State of Kerala, 2024 LiveLaw (Ker) 712Union Territory of Lakshadweep and Othes v Salimkoya K,....

Setting Up Of Religious Place By One Community Can't Be Stopped Merely Due To Opposition By Another Community, Assumption Of Disharmony: Kerala HC

The Kerala High Court recently quashed an order of District Collector refusing to give NOC to continue the functioning of a prayer hall in Kadalundi village. Justice Mohammed Nias C. P. quashed the order observing that the main reason for objection of NOC was due to apprehension of law-and-order situation due to the objection made by other members of the community. The Court said that the...

Kerala High Court Lays Down Guidelines For Service Of Summons In Suits For Defendants Outside India

The Kerala High Court on Friday laid down guidelines regarding effecting service of summons in a suit where the defendants reside beyond India's borders.The Bench comprising of Justice Raja Vijayaraghavan V., Justice C. Jayachandran and Justice C. Pratheep Kumar was answering a reference by a Division Bench as to whether a summons issued by the Court to a defendant residing outside India has...

Can Saving Clause In Forest Subordinate Service (Amendment) Special Rules, 2014 Extend To Promotion Of Appointees Under Earlier Rules? Kerala HC Answers

The Kerala High Court held that the saving clause in the Kerala Forest Subordinate Service (Amendment) Special Rules, 2014 would not grant any entitlement to employees who were appointed under the Kerala Forest Subordinate Service of 1962 and Kerala Forest Subordinate Service Special Rules of 2010 in the matters of promotion.The Court was considering whether the promotion of Beat Forest...

Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court

The Kerala High Court held that the Magistrate Court does not lose its jurisdiction to try criminal cases merely because the State Government has notified Children's Courts for the speedy trial of offences against children. However, the Court stated that it is proper that the offences be tried by the Children's Court.The state government issued a notification in 2009 made under Section 25 of...

Serious Irregularities: Kerala HC Quashes Order Directing Magistrate To Decide On Probe Into Rape Allegations Against Ponnani Police Officers

While hearing a case where a woman had alleged that she was raped by police officials in Ponnani with the police allegedly refusing to register an FIR, the Kerala High Court set aside the judgment of the Single Judge which had directed the Magistrate to pass order regarding investigation, after noting that it suffered from "serious procedural irregularity". Observing the failure on the part...

Media Persons With ID Cards Issued By Travancore Devaswom Board Alone Can Remain At Sabarimala Sannidhanam: Kerala High Court

The Kerala High Court has ordered that media reporters who are issued with identity cards by the Travancore Devaswom Board can only remain at the Sabarimala Sannidhanam.The Division Bench of Justice Anil K. Narendran And Justice Muralee Krishna S was considering the issue of stay of media persons at Sabarimala ahead of the Maasapoojas and Mandala-Makaravilakku festival season of...

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored.The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. Justice P .G. Ajithkumar stated that the Sessions Judge committed an error...

Elephant Fitness Certificate, 3-Days Rest, 3-Hrs Cap On Parading: Kerala HC Issues Directions To Prevent Cruelty During Temple Festivals

The Kerala High Court has remarked that Elephants in Kerala are widely used in Temples in the name of tradition and religion but, in reality, it is a "commercial exploitation" without any care or concern for their well-being.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P. thus issued certain directions for effective implementation of the Kerala Captive...

Laser Printing On Mineral Water Bottle Legible: Kerala HC Quashes Case Against Kinley Booked For Illegible Packaging Details

Quashing a case against Hindustan Coca Cola Company under the Legal Metrology (Packaged Commodities) Rules concerning alleged illegible declaration about the packaging details of mineral water sold at a movie theatre, the Kerala High Court observed that it could not be said that the details in the form of laser printing were illegible or not prominent. After perusing through the seized...

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court

The Kerala High Court has observed that the notional income of an ordinary worker has to be fixed after considering the fair wages applicable at the time of calculating the compensation and not based on his earning capacity at the time of the accident.The appellant had approached the High Court challenging the award of rupees 75,000 by the Motor Accident Claims Tribunal. Justice Johnson...