Tourist Buses Not Allowed To Pick Up And Drop Off Passengers Like A Stage Carriage: Kerala High Court

The Kerala High Court held that tourist buses operating as contract carriages have a prior contract between the passenger or a group of passengers and the operator and they cannot pick up and drop off passengers enroute their journey when those passengers are not included in its prior contract.Contract carriage vehicles operate for a hired/fixed amount under an express or implied contract...

Kerala HC Quashes Criminal Case Against Mathrubhumi TV Employees For Conducting Sting Operation; Says No Malafide Intention

The Kerala High Court has quashed criminal proceedings initiated against the reporter and other employees of Mathrubhumi TV News and Press in connection with a sting operation done by the channel. The Court held that the case can be quashed as there is no allegation that there was any personal malice or prejudice against the individual concerned.Background of the CaseThe reporter conducted...

Notification For Recruitment Can Only Be For Actual And Anticipated Vacancies, Not Future Vacancy: Kerala High Court

The Kerala High Court has held that a public authority, while calling for recruitment can only notify vacancies that are existing or anticipated, but not for future vacancies. The Court also added that an authority can resort to recruiting beyond the notified vacancies only in rare and emergent situations.The decision was pronounced by a Full Bench of Kerala High Court consisting of...

Kerala High Court Grants Anticipatory Bail To Film Director VK Prakash In Sexual Harassment Case But Permits Police To Interrogate Him

The Kerala High Court today granted anticipatory bail to Film Director VK Prakash in connection with sexual abuse allegations made against him after the publication of the Justice Hema Committee Report.Prakash is apprehending arrest under Section 354 (outraging modesty) and 354 A (sexual harassment and punishment for sexual harassment) of IPC. Justice C S Dias allowed the bail application...

Plea In Kerala High Court Challenges Formation Of Justice Hema Committee, Questions State's Legislative Competence

A writ petition has been filed before the Kerala High Court challenging the formation of Justice K. Hema Committee by the government. The petitioner sought a declaration from the Court that the formation is unconstitutional and prevents any further action on that report. The petitioner further sought the Court to direct the State to form a committee on the terms in accordance with the...

[S.14A Foreigners Act] Foreigners Who Overstay After Expiry Of Documents Cannot Be Treated As Infiltrators: Kerala High Court

The Kerala High Court observed that foreign nationals who entered India with valid visas and passports and continued their stay after the expiry of these documents cannot be treated as infiltrators under Section 14A of the Foreigners Act. The Court thus quashed the proceedings initiated against four foreign nationals under Section 14 A of the Foreigners Act.Justice Bechu Kurian Thomas ...

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers any loss due to the negligence...

Kerala HC Grants Interim Relief To Visually Challenged Student, Orders College To Return Original Certificates Pending Payment Of Bond Amount

The Kerala High Court has granted interim relief to a visually disabled student belonging to the OBC category by ordering the Government Homeopathic Medical College to return her original certificates.Justice Ziyad Rahman A.A. observed thus:“In the meantime, there shall be an interim order directing the 5th respondent (Principal, Government Homeopathic Medical College) to return all...

PoSH Act Doesn't Cover Sexual Harassment Of Women Seeking Jobs, Govt Should Consider Framing Laws With More Feminist Perspective: Kerala HC

The Kerala High Court today orally pointed lacunae in the PoSH Act 2013, stating that the legislation doesn't take within its purview sexual harassment faced by women seeking employment.The law only applies to sexual harassment of women at the workplace, thus excluding informal situations where there is no clear employer-employee relationship. "Job seekers do not come in POSH Act. How would...

'Why Govt Was Inactive For 4 Years?' : Kerala High Court Directs State To Hand Over Unredacted Hema Committee Report To SIT

"We must observe that we are rather perplexed by the inaction of the State Government"

Kerala High Court Temporarily Prohibits Elephant Transfers From Other States, Cites Large Number Of Deaths Due To Ill-Treatment In Captivity

The Kerala High Court has passed an interim order restraining the State Government and Chief Wildlife Warden from permitting the transfer of elephants from other states to Kerala.The Court passed the above order in a petition moved to restrain the transfer of elephants into the State under the Captive Elephant (Transfer & Transport) Rules, 2024. The Division Bench comprising...

[False Promise To Marry] PIL In Kerala HC Says Section 69 BNS Regressive Towards Woman's Status, Discriminates Against LGBTQ Community

A lawyer has filed a Public Interest Litigation before the Kerala High Court challenging the constitutionality of Section 69 of Bhaaratiya Nyaya Sanhita (BNS), which criminalises sexual intercourse by employing deceitful means, like false promise to marry.The petitioner has challenged the provision on the grounds that it violates the right of equality, right to expression and right to...