Kerala High Court
'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...
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...