Kerala High Court Quashes FIR In Pantheerankavu Domestic Violence Case After Settlement Between Parties

The Kerala High Court has allowed the petition moved by Rahul P. Gopal and his family in the Pantheerankavu domestic violence case to quash the FIR lodged against them.Justice A. Badharudeen granted relief after noting that the complainant/ wife had settled the matter with her husband and the couple was now residing together.The Court observed:“...since the defacto complainant...

If Period Of Unauthorised Use Of Electricity Can't Be Ascertained, Charges Will Be Assessed For 12 Months Preceding Inspection: Kerala HC

The Kerala High Court has ruled that as per Section 126 (5) of the Electricity Act, 2003, when the period of unauthorized use of electricity cannot be ascertained, the electricity bill assessment shall be made for twelve months immediately preceding the date of inspection when such unauthorized use came to be discovered.The Division Bench of Chief Justice Nitin Jamdar and Justice S Manu...

Model Code Of Conduct Amid Wayanad Bypoll Must Not Affect Rehabilitation Work, Election Campaigners Must Follow 'Green Protocol': Kerala HC

The Kerala High Court has ordered that implementing the Model Code of Conduct ahead of the 2024 Lok Sabha Bypoll in Wayanad should not affect the ongoing rehabilitation and relief efforts in the area affected by landslides.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. hearing the suo moto case initiated after landslides, has further directed...

Teachers Above 50 Years Entitled To Test Exemption For Headmistress Promotion Under KER Rule 45B(4); Kerala HC

Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that teachers above 50 years of age are entitled to exemption from the Accounts Test (Lower) under Rule 45B(4) of Kerala Education Rules for promotion to Headmistress position. The Court held that Leave Without Allowance taken after probation cannot affect seniority calculations, and distinguished between...

Kerala High Court Stays Proceedings Against Actor Edavela Babu In Sexual Harassment Case

The Kerala High Court on Thursday granted an interim stay on further proceedings in a sexual harassment case against Malayalam movie actor and former General Secretary of Association of Malayalam Movie Artists (AMMA) Edavela Babu. The order was passed by Justice A. Badharudeen in a case filed by the petitioner to quash the FIR lodged at the Nadakkavu Police Station under Sections...

Criminal Courts Of District Judiciary Cannot Recall Their Orders: Kerala High Court

The Kerala High Court has ruled that criminal courts of the district judiciary including Sessions Courts, the Magistrate Courts and even the Special Courts lack inherent powers to recall their earlier orders. As such, the Court quashed an order issued by the Special Court recalling its earlier order on its own.The petitioner was granted bail by the High Court in an NDPS case and as a...

No Double Jeopardy: Kerala High Court Refuses To Quash Rape Case Against Alleged Fraudster Monson Mavunkal

The Kerala High Court on Wednesday (October 23) refused to quash a rape case lodged against alleged fraudster Monson Mavunkal, for allegedly sexually assaulting a girl over a span of about 21 months.The infamous antique dealer has allegedly defrauded many people by selling them fake antiques. He reportedly had connection with many politicians and higher police officials in Kerala....

Forest Tribunal Unlike High Court Has No 'Inherent Power' Of Review: Kerala High Court 5-Judge Bench

A five judge bench of the Kerala High Court has held that the Tribunal constituted under the Kerala Private Forests (Vesting and Assignment) Act has no inherent power of review and this authority has to be traced to the provisions permitting the review.In doing so the bench said that Tribunal's power of review under Section 8B (3) cannot be enlarged on grounds other than those mentioned...

Depression Not 'Legal Insanity' U/S 84 IPC If Ability To Distinguish Right From Wrong Not Impaired: Kerala HC Upholds Murder Conviction

The Kerala High Court recently denied the plea of 'legal insanity' raised by a woman sentenced to life for murdering her twelve-year-old nephew, holding that depression would not come under purview of Section 84 IPC unless there is material to show that it significantly impaired the ability to distinguish right from wrong.The Division Bench of Justice Raja Vijayaraghavan V and Justice...

'Facts Call For Lenient Approach': Kerala High Court Reduces Sentence Of Rape Convict Admittedly In Relationship With Minor Girl

Displaying a "lenient approach" the Kerala High Court recently reduced the seven year sentence of a rape convict to one year, after noting that the convict and the minor girl were admittedly in a relationship and the latter had "voluntarily accompanied" him to Ooty where the alleged incident took place. The high court however said that as the girl was under 16 years of age at the time of...

Kerala HC Directs Cochin Devaswom Board To Decide Whether Videography With Mobile Phones Is Permissible In Temples Under Their Management

The Kerala High Court has directed the Cochin Devaswom Board to decide whether videography on mobile phones is permissible in Temples under their management.The Division Bench of Justice Anil K Narendran and Justice P G Ajithkumar noted that a report regarding the usage of mobile phones filed by Chief Vigilance Officer is pending consideration before the Cochin Devaswom Board. The Court...

Kerala High Court Dismisses Daughter's Plea Challenging Donation Of CPI(M) Leader MM Lawrence's Body

The Kerala High Court has dismissed the petition moved by Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence, challenging the decision of Ernakulam Government Medical College Principal to donate her father's body to the medical college. Justice V G Arun, pronouncing the verdict in open Court today said, "For the aforementioned reasons, the writ petition is dismissed."A detailed...