So Far 26 FIRs Registered Based On Justice Hema Committee Report: State Tells Kerala High Court

The Kerala government today informed the High Court that 26 FIRs have been registered based on the Justice Hema Committee Report, pursuant to Court's direction to the Special Investigating Team (SIT) to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.The State Government submitted the SIT's Action Taken Report to the Special Bench, Justice A....

Kerala High Court Calls For Protection Of Nurses From Malicious Medical Negligence Cases, Says They Deserve Moral Support

“They should be given moral support by the society and government. They should be allowed to work without fear of any prosecution and let them known as Indian nursing Nightingales.”

Scope of Judicial Review In Technical Matters Related To Infrastructure Projects, Land Acquisition Is Limited: Kerala HC Reiterates

Dismissing an appeal against an order rejecting the challenge to a land acquisition for construction of a Railway Over Bridge (ROB) at Edava in Thiruvananthapuram District, the Kerala High Court reiterated that the scope of judicial review in such technical matters like infrastructure projects and land acquisition is limited.In doing so the court underscored that a balance has to be...

Kerala High Court Weekly Round-Up: October 21 – October 27, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 653 – 678]Ali @Aliyar v State of Kerala, 2024 LiveLaw (Ker) 653Sindhu Sivadas v State of Kerala and Another, 2024 LiveLaw (Ker) 654Sharun v State of Kerala and Others & Connected cases, 2024 LiveLaw (Ker) 655Vinil v State of Kerala , 2024 LiveLaw (Ker) 656Abhirami Girish v State of Kerala and Another, 2024 LiveLaw (Ker) 657Surendra Kumar v...

Failure To Consider Counsel's Medical Condition And Passing Ex-Parte Order Violates Natural Justice Warrants Setting Aside Appellate Authority's Order: Kerala HC

Kerala High Court: A Single Judge Bench of Justice N. Nagaresh set aside the Appellate Authority's ex-parte order in a gratuity dispute between HDFC Bank and its former Vice President. The court found that the Authority's failure to grant reasonable adjournments despite valid medical certificates violated principles of natural justice. The case concerned whether “personal pay”...

Dual Prosecution Under IPC And EPF Act For PF Defaults Valid; Serves Distinct Objectives: Kerala HC

Kerala High Court: A Single Judge Bench of Justice K. Babu upheld the trial court's refusal to discharge S. Mohammed Nowfal, proprietor of Tasty Nuts Factory. The Court held that prosecution under Section 406 IPC for criminal breach of trust involving PF defaults does not require prior sanction under Section 14-AC of the EPF Act. The Court emphasized that the 1973 addition of Explanation...

CWC's Order Cannot Be Based On Personal Moral Values, Must Protect Child's Interests: Kerala HC Gives Custody Of Infant To Breastfeeding Mother

The Kerala High Court quashed an order of Child Welfare Committee (CWC) giving the custody of a one-year child to the father observing that the Committee did not even consider that the child was being breastfed by the mother. Justice V. G. Arun gave the custody of the child to the mother.The CWC had awarded custody to the father after observing that the mother had chosen to stay with a man...

Failure To Place "Information" Of Contempt In Judge's Papers Or With Notice Issued To Contemnor Is An "Incurable Defect": Kerala High Court

The Kerala High Court has made it clear that in case of contempt of court, rules prescribed by the High Court should be strictly followed and any deviation therefrom is fatal to the proceedings.The Division Bench comprising Justice Devan Ramachandran and Justice M. B. Snehalatha noted that once the defect is noticed in the proceedings, any attempt to continue with it can be viewed as one...

Financial Constraints Cannot Override Constitutional Right To Equal Pension Benefits: Kerala HC

Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that pre-2006 Assam Rifles retirees are entitled to revised pension benefits on par with post-2006 retirees. The court rejected the Union of India's financial constraints argument, holding that monetary considerations cannot justify violation of fundamental rights. Following Supreme Court precedents, the court...

Non-Joining Duty Vacancies Must Follow Original Roster System, Cannot Be Diverted To By-Transfer Category: Kerala HC

Kerala High Court: A Division Bench of Justices A. Muhamed Mustaque and P.M. Manoj set aside the Kerala Administrative Tribunal's orders directing Non-Joining Duty (NJD) vacancies in Non-Vocational Teacher (English) posts to be filled from the by-transfer category. The Court held that NJD vacancies arising after the expiration of the direct recruitment list must be renotified and...

When Appeal Against Decree In A Suit Decided By Common Judgment Is Disposed, Principle Of Res Judicata Applies To Other Decrees: Kerala HC

The Kerala High Court has held that when two or more suits have been disposed of by a common judgement, a party for one of the suits cannot prefer an appeal against the common judgment if appeal in any other suit decided in that common judgment is already disposed. The Court held that such subsequent appeals are barred by the principle of res judicata contained in Section 11 of Civil...

Kerala High Court To Frame Guidelines For Prohibiting Cruelty To Elephants Paraded For Temple Festivals And Functions

The Kerala High Court is set to frame guidelines to prohibit cruelty to elephants paraded for festivals and other functions.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P. orally directed all the stakeholders like elephant owners, NGO's, temple committee and others to submit their suggestions before the Court to frame guidelines before the next festival...