Kerala High Court
CWC's Order Cannot Be Based On Personal Moral Values, Must Protect Child's Interests: Kerala HC Gives Custody Of Infant To Breastfeeding Mother
The Kerala High Court quashed an order of Child Welfare Committee (CWC) giving the custody of a one-year child to the father observing that the Committee did not even consider that the child was being breastfed by the mother. Justice V. G. Arun gave the custody of the child to the mother.The CWC had awarded custody to the father after observing that the mother had chosen to stay with a man...
Failure To Place "Information" Of Contempt In Judge's Papers Or With Notice Issued To Contemnor Is An "Incurable Defect": Kerala High Court
The Kerala High Court has made it clear that in case of contempt of court, rules prescribed by the High Court should be strictly followed and any deviation therefrom is fatal to the proceedings.The Division Bench comprising Justice Devan Ramachandran and Justice M. B. Snehalatha noted that once the defect is noticed in the proceedings, any attempt to continue with it can be viewed as one...
Financial Constraints Cannot Override Constitutional Right To Equal Pension Benefits: Kerala HC
Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that pre-2006 Assam Rifles retirees are entitled to revised pension benefits on par with post-2006 retirees. The court rejected the Union of India's financial constraints argument, holding that monetary considerations cannot justify violation of fundamental rights. Following Supreme Court precedents, the court...
Non-Joining Duty Vacancies Must Follow Original Roster System, Cannot Be Diverted To By-Transfer Category: Kerala HC
Kerala High Court: A Division Bench of Justices A. Muhamed Mustaque and P.M. Manoj set aside the Kerala Administrative Tribunal's orders directing Non-Joining Duty (NJD) vacancies in Non-Vocational Teacher (English) posts to be filled from the by-transfer category. The Court held that NJD vacancies arising after the expiration of the direct recruitment list must be renotified and...
When Appeal Against Decree In A Suit Decided By Common Judgment Is Disposed, Principle Of Res Judicata Applies To Other Decrees: Kerala HC
The Kerala High Court has held that when two or more suits have been disposed of by a common judgement, a party for one of the suits cannot prefer an appeal against the common judgment if appeal in any other suit decided in that common judgment is already disposed. The Court held that such subsequent appeals are barred by the principle of res judicata contained in Section 11 of Civil...
Kerala High Court To Frame Guidelines For Prohibiting Cruelty To Elephants Paraded For Temple Festivals And Functions
The Kerala High Court is set to frame guidelines to prohibit cruelty to elephants paraded for festivals and other functions.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P. orally directed all the stakeholders like elephant owners, NGO's, temple committee and others to submit their suggestions before the Court to frame guidelines before the next festival...
Kerala High Court Quashes FIR In Pantheerankavu Domestic Violence Case After Settlement Between Parties
The Kerala High Court has allowed the petition moved by Rahul P. Gopal and his family in the Pantheerankavu domestic violence case to quash the FIR lodged against them.Justice A. Badharudeen granted relief after noting that the complainant/ wife had settled the matter with her husband and the couple was now residing together.The Court observed:“...since the defacto complainant...
If Period Of Unauthorised Use Of Electricity Can't Be Ascertained, Charges Will Be Assessed For 12 Months Preceding Inspection: Kerala HC
The Kerala High Court has ruled that as per Section 126 (5) of the Electricity Act, 2003, when the period of unauthorized use of electricity cannot be ascertained, the electricity bill assessment shall be made for twelve months immediately preceding the date of inspection when such unauthorized use came to be discovered.The Division Bench of Chief Justice Nitin Jamdar and Justice S Manu...
Model Code Of Conduct Amid Wayanad Bypoll Must Not Affect Rehabilitation Work, Election Campaigners Must Follow 'Green Protocol': Kerala HC
The Kerala High Court has ordered that implementing the Model Code of Conduct ahead of the 2024 Lok Sabha Bypoll in Wayanad should not affect the ongoing rehabilitation and relief efforts in the area affected by landslides.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. hearing the suo moto case initiated after landslides, has further directed...
Teachers Above 50 Years Entitled To Test Exemption For Headmistress Promotion Under KER Rule 45B(4); Kerala HC
Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that teachers above 50 years of age are entitled to exemption from the Accounts Test (Lower) under Rule 45B(4) of Kerala Education Rules for promotion to Headmistress position. The Court held that Leave Without Allowance taken after probation cannot affect seniority calculations, and distinguished between...
Kerala High Court Stays Proceedings Against Actor Edavela Babu In Sexual Harassment Case
The Kerala High Court on Thursday granted an interim stay on further proceedings in a sexual harassment case against Malayalam movie actor and former General Secretary of Association of Malayalam Movie Artists (AMMA) Edavela Babu. The order was passed by Justice A. Badharudeen in a case filed by the petitioner to quash the FIR lodged at the Nadakkavu Police Station under Sections...
Criminal Courts Of District Judiciary Cannot Recall Their Orders: Kerala High Court
The Kerala High Court has ruled that criminal courts of the district judiciary including Sessions Courts, the Magistrate Courts and even the Special Courts lack inherent powers to recall their earlier orders. As such, the Court quashed an order issued by the Special Court recalling its earlier order on its own.The petitioner was granted bail by the High Court in an NDPS case and as a...