Criminal Acquittal Does Not Invalidate Disciplinary Proceedings Conducted Under Different Evidentiary Standards: Kerala HC

Kerala High Court: A single judge bench consisting Justice Harisankar V. Menon quashed an arbitration award reinstating a terminated bank employee, holding that acquittal in criminal proceedings does not automatically invalidate findings of a domestic enquiry conducted under different standards of proof. The court emphasized that disciplinary proceedings operate independently of criminal...

Right To Accessibility Of Disabled Persons Extends To Digital Platforms Too: Kerala HC Bats For Service Centres To Fill Online PSC Applications

The Kerala High Court has observed that right to accessibility of persons with disability (in this case a visually challenged person) is not limited to buildings and services but extends to digital platforms too. Thus, compelling them to rely on third parties to fill up their online job application limits their "autonomy".The Division Bench of Justice AM Mustaque and Justice PM Manoj has...

No Restriction On Physically Disabled Devotees In Temple Nalambalam But 'Wheelchair Darshan' Require Thanthris' Opinion: Amicus Tells Kerala HC

The Kerala High Court has been informed that there is no statutory restriction on physically disabled devotees entering the Temple or its premises but permitting wheelchairs inside temple's Nalambalam will have to be viewed separately, since it would depend upon the decision of each Thanthri of the Temple, and an omnibus decision cannot be taken without ascertaining their views.The Division...

Kerala High Court Orders Enhanced Compensation For Lands Acquired For Construction Of Brahmapuram Waste Treatment Plant Phase II

The Kerala High Court has enhanced the compensation amount for land acquired by the state government for the construction of Brahmapuram Solid Waste and Treatment Plant Phase II.The Division Bench of Justice Amit Rawal and Justice Easwaran S has fixed a uniform rate of rupees 10 lakhs per are as enhanced compensation. “..the award of the Reference Court is hereby modified and the...

Husband Pledging Wife's Gold Without Her Consent Is Criminal Breach Of Trust U/S 406 Of IPC: Kerala High Court

The Kerala High Court has refused to intervene in the conviction of a husband who was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent. Single bench of Justice A. Badharudeen held that all the elements of the offence are made out. It observed,"In the instant case the prosecution case is that the mother of...

Instead Of Denying Police Clearance Certificate, Details Of Offences Involving Job Seeker Can Be Given To Employer: Kerala High Court

The Kerala High Court has held that instead of rejecting an application for police clearance certificate, the police can issue a certificate detailing the crime in which the applicant is involved.Justice A. Badharudeen noted that in many cases, for employment and assignment, the concerned employer or authority asks for a Non – Involvement in Offences Certificate (Police Clearance...

Mental Health Act 2017 Is A Beneficial Legislation, Can Be Applied Retrospectively To Extend Benefits To All: Kerala High Court

The Kerala High Court has observed that the Mental Health Act, 2017, which came into effect from July 07, 2018, is beneficial legislation and can be applied retrospectively.In the facts of the case, the petitioner is the wife of a former MLA, has invoked the writ jurisdiction of the High Court to quash final report alleging that she attempted to commit suicide in 2016, an offence punishable...

'Stone' Would Come Within Purview Of Weapon Likely To Cause Death Depending On Nature, Size Or Sharpness And Manner Of Use: Kerala High Court

The Kerala High Court ruled that stone would also come within the purview of weapon of offence likely to cause death to attract an offence under Section 324 of the IPC depending upon its nature, size, sharpness and the manner in which it was used for causing injury.Section 324 of the Indian Penal Code provides for punishment for voluntarily causing hurt by any instrument for shooting, stabbing...

POCSO Accused Can Get Unredacted Prosecution Records, Balance To Be Struck Between Their 'Right To Defend' And Minor's Privacy: Kerala HC

The Kerala High Court has recently observed that an accused in a POCSO case is entitled to get unmasked copies of the prosecution records to effectively defend his case, while emphasizing that in such matters a balance has to be struck by courts between the "privacy of the victims" and the accused's right to defend themselves. A single judge bench of Justice A. Badharudeen in its order...

Life Convict Subsequently Sentenced To Life Or Fixed Term Shall Serve Sentences Concurrently, Separate Declaration Not Required: Kerala HC

The Kerala High Court held that when an individual is convicted to life imprisonment, any subsequent sentences imposed in other cases, whether for life or a fixed term, will be served concurrently and not consecutively, even if the Court does not explicitly state this.The Court was hearing a petition relating to Section 427 CrPC which deals with situations under which sentences should be...

School Insisting On Students To Wear Uniform Is Not 'Cruelty Against Child' U/S 75 Juvenile Justice Act: Kerala High Court

The Kerala High Court has held that the School Principal compelling students to wear uniform while in school is not an offence of cruelty to child under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.Justice A. Badharudeen said that such insistence is to maintain the discipline of school and cannot be held as an act which would cause unnecessary mental or physical...

Kerala High Court Weekly Round-Up: October 14- 20, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 634-652]Romi K J @Romy v State of Kerala, 2024 LiveLaw (Ker) 634K.T. Saidalavi v. The State Tax Officer, 2024 LiveLaw (Ker) 635Transformers And Electricals Kerala Ltd. v. The Commissioner Of Central Tax And Central Excise Central Revenue Building, 2024 LiveLaw (Ker) 636Fisal Khan v State of Kerala, 2024 LiveLaw (Ker) 637State of Kerala v Ismail...