Kerala High Court Upholds Denial Of Temporary Status And Regularisation For Contingent Employees

Recently, a Division Bench of Kerala High Court, comprising of Justice Anil K. Narendran and Justice P.G. Ajithkumar, considered a petition against the order passed by the Central Administrative Tribunal. The judgement pertained to status and regularisation of employment. Background Facts The petitioner, Kumar S, filed the Original Application (“O.A”) before the...

"Alleged PFI Membership Insufficient To Attract Culpability": Kerala High Court Grants Bail To Accused In RSS Worker Sanjith's Murder

The Kerala High Court has granted bail to Muhammed Haroon, the sixth accused in the murder of RSS worker Sanjith.RSS worker Sanjith was murdered on November 15, 2011 allegedly by five persons due to political animosity. During the investigation, Haroon was implicated as the sixth accused for hatching conspiracy with other accused for the murder. The crime was registered alleging the commission...

NDPS Act | Framing Of Charges By Court Without Jurisdiction Will Not Affect Evidence Recorded By Special Court: Kerala High Court

The Kerala High Court held that the framing of a charge by a Sessions Court having no jurisdiction to try the case does not affect the evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).Under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), only a special court constituted under the Act can try offences under the...

[POCSO] Principal, Teacher Not Guilty Of Failure To Report Crime When Student's Complaint Was Sent To Police The Very Next Day: Kerala High Court

The Kerala High Court has quashed the final report against a school principal and teacher for failing to report a sexual offence complaint received from a minor student on the same day. The Court stated that it cannot be justified to say that there was a wilful omission since the complaint was lodged with the police and FIR was registered on the next day itself.Justice A. Badharudeen stated...

Church Feud: Kerala High Court Dismisses Appeal Against Order Directing District Collectors To Take Over Specified Churches

The Kerala High Court has dismissed the appeals filed challenging a single bench order directing the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud.The Division Bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar, pronouncing their order in open court said, 'the appeals are dismissed'....

S.402 CrPC Pertains To High Court's Power To Transfer Revision Cases, Not Applicable When Appeal Is Pending Before Sessions Court: Kerala High Court

The Kerala High Court has observed that Section 402 of CrPC gives the High Court the power to transfer revision cases. It ruled that the provision is not applicable in cases where revision is pending before the High Court but appeal is pending before the Sessions Court.Justice K Babu thus invoked its inherent powers under Section 482 to transfer the revision pending before it to the...

Kerala HC Directs State To Notify Hospital Based Authorization Committees For Expeditious Decision On Organ Donation Applications

The Kerala High Court has directed the State Government to notify the constitution of Hospital Based Authorization Committees to conduct an inquiry into the joint applications submitted by the donor and recipient who are not near relatives, and when the organ donation is being made out of love and affection.The Court further stated that the State Government has to ensure that qualified...

Criminal Courts Can Frame Charges By Excluding Offences In Final Report Or Including Offences Not Mentioned In Final Report: Kerala HC

The Kerala High Court stated that the criminal courts can frame charges based on the prosecution records, excluding the offences in the Final Report and even including offences not mentioned in the final report as per Section 228 and Section 240 of the CrPC.Section 228 pertains to framing of charges in Session cases and Section 240 deals with framing of charges for trial of warrant cases....

Kerala High Court Stays BJP State President K Surendran's Discharge In Election Bribery Case

The Kerala High stayed the order of the Sessions Court, Kasargod allowing the discharge petition filed by BJP Kerala State President K. Surendran in the Manjeswaram election bribery case. The order was pronounced by Justice K. BabuThe prosecution case was that during the 2021 Kerala Assembly election, K. Surendran, while he was contesting from the Manjeswaram constituency, threatened and...

Kerala High Court Issues Notice To KeLSA Secretary On Plea By Assistant Legal Aid Counsel Seeking Maternity Benefits

The Kerala High Court has issued notice to the Secretary of Kerala Legal Service Authority on a petition concerning maternity benefits for a lawyer employed as Assistant Legal Aid Defence Counsel at the District Court Center. Justice Murali Purushothaman will consider the matter on October 21.Petitioner was appointed by the National Legal Service Authority (NALSA) and Kerala Legal...

Kerala High Court Seeks State's Response On Plea To Integrate Regional, District And Village Level Departments Within Online RTI Portal

A plea has been moved before the Kerala High Court seeking to integrate the existing online RTI portal with all regional, district and village-level offices, to enable all citizens, particularly NRIs to submit RTI applications and receive information and documents electronically. The petition also seeks direction to the government to facilitate digital payment methods like net banking and...

Kerala High Court Upholds Probation Requirement For Transfer Recruitment In Nursing Officer Posts; Distinguishes It From Previous Precedents

A division Bench of Kerala High Court consisting of Justice Anil K. Narendran and Justice P.G. Ajithkumar dismissed a series of petitions filed by nursing officers challenging the Kerala Administrative Tribunal's ruling. The petitions questioned the Kerala Public Service Commission's (KPSC) rejection of their applications for transfer appointments, which were turned down on...