Forest Driver Recruitment: Kerala HC Declines Fresh Test In Vehicle 'Suitable' For 6Ft. Tall Applicant, Says No Denial Of Employment Opportunity

The Kerala High Court has set aside the order of the Administrative Tribunal directing the Kerala Public Service Commission to conduct a fresh driving test in a vehicle suitable for a 6 feet tall applicant, and to consider him in the selection process for the post of Forest Driver in the Forest Department.The applicant contended that he was unable to maneuver the vehicle provided to him due...

Kerala High Court Quashes Criminal Case Against State President Of Muslim Students Federation For 'Insulting Women'

The Kerala High Court has quashed criminal proceedings against the Muslim Students Federation (MSF) State President, Navas P K for allegedly making derogatory remarks against former leaders of Haritha which is the girl's wing of the MSF.The crime was registered for offences punishable under Sections 354A(i), (iv) (sexual harassment and punishment for sexual harassment) and 509 (word,...

Kerala High Court Criticizes Magistrate For Taking Cognizance Against Unauthorised Use Of Elephant Under 'Non-Existing Provision'

While hearing a matter on use of elephants in a festival without permission, the Kerala High Court said that taking cognizance of an offence is not a mechanical process but a "solemn function", adding that the court taking cognizance is not a rubber stamp of the investigating agency. In doing so, the high court quashed the proceedings before the Magistrate's court which had taken cognizance...

Failure To Mention That Person Seeking Anticipatory Bail Is Abroad At Time Of Making Application Is "Suppression Of Materials Fact": Kerala HC

The Kerala High Court has held that a person apprehending arrest should mention whether he is in India or abroad, while filing an anticipatory bail plea. The Court held that such information can influence the decision of the Court in granting bail and therefore it is a 'material fact'. It thus directed the Registry to keep a field in anticipatory bail application where the applicant has...

'Can't Impose One's Religious Belief On Another': Kerala High Court Refuses To Quash Case Against Man For Criticizing Muslim Girl's Handshake

No religious belief is above the Constitution and the Constitution is supreme, Court said.

"Leads To Unending Process": Kerala High Court Flags Attempts By Accused To Delay Trial In Cheque Dishonour Cases

The Kerala High Court has cautioned against the delaying tactics used by the accused to prolong the proceedings under Section 138 of the Negotiable Instruments Act such as seeking forensic examination of the cheque and seeking expert opinions by summoning and examining private handwriting experts.In the facts of the case, the cheque was sent to the Forensic Science Laboratory in Kerala at...

Poor Prisoners Jailed Despite Bail? Kerala High Court Seeks To Know Funds Available Under Centre's 'Support To Poor Prisoners' Scheme'

The Kerala High Court has sought a report from the State Government and prison authorities regarding the current status and amount available in the Zero Balance Subsidiary Account opened under the Support to Poor Prisoners' Scheme.The Support to Poor Prisoners' scheme was launched by the Ministry of Home Affairs to provide aid to poor prisoners who were unable to secure bail or pay the...

Kerala High Court Weekly Round-Up: September 30 - October 6, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 606-616]Praveen Prakash v State of Kerala, 2024 LiveLaw (Ker) 606Vaisakh @ Hari v State of Kerala and Others, 2024 LiveLaw (Ker) 607XXX v State of Kerala & Connected Matter, 2024 LiveLaw (Ker) 608N. Bhasurangan v The Assistant Director & Akhiljith J. B. v The Assistant Director, 2024 LiveLaw (Ker) 609E. Sreedharan v State of Kerala and Others,...

[Rule 83 Co-Operative Societies Rules] Registrar Can Set Aside Sale Of Property On Grounds Other Than Those Raised By Decree Holder: Kerala HC

The Kerala High Court observed that the decree-holder or any person whose interests are affected by the sale of a property to a credit-availing facility should approach the Registrar to set aside the sale on the grounds of material irregularity, mistake or fraud as per Rule 83 of the Kerala Co-operative Societies Rules. The Court further held that the Registrar has the authority to set aside...

Post Retirement Re-Entry Of Toddy Tappers In Welfare Fund Scheme Allowed Due To Scarcity Of Skilled And Experienced Persons: Kerala HC

The Kerala High Court has said that the scarcity of experienced and skilled toddy tappers in the State led to a crisis in the toddy industry, which became a reason for inserting Clause 33A in the Kerala Toddy Workers Welfare Fund Scheme, allowing them to re-enter the Scheme after retirement.Clause 33A, inserted by way of Kerala Toddy Workers Welfare Fund (Amendment) Scheme 2021, permits...

Criminal Appeals Once Admitted Cannot Be Dismissed For Non-Representation/ Non-Prosecution: Kerala High Court

The Kerala High Court held that if a Criminal Appeal is not summarily dismissed under Section 384 of the Code of Criminal Procedure (Cr.P.C), then it cannot be dismissed for non-representation or non-prosecution.Justice A. Badharudeen observed:“Thus the legal position emerges is that when an appeal is not summarily dismissed under Section 384 of Cr.P.C and the appellate court admits the...

Plea By Lawyer In Kerala High Court Seeks To Address Issues And Implement Suggestions Given In Justice Hema Committee Report

A plea has been moved before the Kerala High Court by a lawyer seeking directions from the Court to address the issues faced by women in the film industry and to implement the suggestions given in the Justice Hema Committee Report.The Justice Hema Committee Report was published on August 19, 2024 and the Committee's study revealed that women in the film industry face numerous issues,...