Kerala High Court Flags Exponential Rise In Cases Of Outraging Woman's Modesty, Says It Includes Her 'Moral And Psychological' Modesty

The Kerala High Court in a recent judgment expressed concern over the exponential rise in cases relating to outraging a woman's modesty. Justice A. Badharudeen said that though the law has been strengthened in the matter of sexual offences, the effective implementation of the same should be ensured.“The legislature has taken steps to strengthen laws against sexual offences, with...

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5(i) of the Kerala High Court Act, 1958.In the facts of the case, the Court was considering the maintainability of a writ appeal against an interim order under Section...

Kerala HC Grants Anticipatory Bail To Reporter TV Editors In POCSO Case, Says 'Inappropriate Questions' To Child Should Have Been Avoided

The Kerala High Court on Monday (February 3) allowed the anticipatory bail applications filed by Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. The duo were booked under Section 11(i) of the POCSO Act for allegedly sexually harassing a girl child through words and gestures.Justice P. V. Kunhikrishnan observed that prime facie, while...

[KAAPA] Detaining Authority Has Duty To Provide Legible Copies Of Relevant Documents To Detenu: Kerala High Court

The Kerala High Court has held that the detaining authority under the Kerala Anti-Social Activities Prevention Act (KAAPA) has a duty to provide the detenu with legible copies of all relevant documents forming basis for the detention, including the detention order. The Court stated that the detenu can only exercise his constitutional right under Article 22(5) of the Constitution and his...

Substantive Provisions Require Strict Compliance In Disciplinary Proceedings, Test Of Prejudice Applies In Case Of Procedural Violations: Kerala HC

The Kerala High Court has held that disciplinary proceedings need to be compulsorily set aside if there is a violation of the substantive provisions involved. In case of procedural violations, the court said that the proceedings should be set aside only if there is any prejudice caused to the employee due to such violation.The Division Bench comprising Justice A. Muhamed Mustaque and Justice...

Kerala High Court Weekly Round-Up: January 27 - February 02, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 55-73Sulochana T and Others v District Collector, Thiruvananthapuram and Others, 2024 LiveLaw (Ker) 55 M M Narayana Das v State of Kerala, 2024 LiveLaw (Ker) 56Rahul Easwar v State of Kerala, 2025 LiveLaw (Ker) 57Ismail Kunju M v State of Kerala, 2025 LiveLaw (Ker) 58Assistant Commissioner Of Income Tax v. Mohammed Salih, 2025 LiveLaw (Ker)...

Marriage Between Indian & Foreigner Solemnised Outside India Cannot Be Registered Under Special Marriage Act : Kerala High Court

The Court allowed the registration of the marriage under Foreign Marriage Act through virtual mode.

'Reconstitution Of Committee In The Middle Of Interview Arbitrary': Kerala High Court Cancels Appointment Of Asst Professors In Kannur University

The Kerala High Court cancelled the selection of Assistant Professors in Kannur University made by the Selection Committee partly chaired by the former Vice Chancellor Gopinath Ravindran. In-midst of the selection process, on November 30, 2023 the Supreme Court had set aside the appointment of Dr. Gopinath Ravindran as the VC of the University.On the second day of the interview, Dr....

Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation

The Kerala High Court stated that showing undue leniency towards a government employee in disciplinary proceedings could undermine the essential discipline required in public service.Considering the facts of the case, the Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar stated that the punishment of dismissal from service was proportionate to the offences committed by...

Writ Petition Maintainable If Arbitrator Refuses To Entertain Application U/S 3G(5) Of National Highways Act: Kerala High Court

The Kerala High Court bench of A. Muhamed Mustaque and S. Manu JJ. while hearing a writ petition has held that when an arbitrator appointed by the Central Government refuses to entertain an application u/s 3G(5) of the National Highways Act, 1956, the Courts can entertain a petition under Article 226 to the limited extent of referring the dispute to arbitration. Section 3G(5) places...

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court

The Kerala High Court bench of Justice Syam Kumar V.M., while hearing a Section 11 petition, has held that a notice to revive a stalled arbitration proceedings by appointing another arbitrator satisfies the mandate of Section 21 of the A&C Act. Facts: The petitioner and respondent were partners of a firm named Orchard Builders and Developers; the same was registered with...

If Elected Representatives Want To Change Political Affiliation, They Must Resign & Face People's Mandate Again : Kerala High Court

The proper manner by which a person is to be defeated in a democratic set-up is through the ballot papers and not by using weapons or by committing vandalism, the Court said.