Kerala High Court Declines To Quash Criminal Proceedings Against Man Booked For Uploading Allegedly Objectionable Video Against Nuns

The Kerala High Court declined to quash criminal proceedings initiated against a man booked for allegedly publishing a video stating that nuns are the concubines of priests and bishops on YouTube and Facebook.The prosecution alleged that the video was published on June 01, 2020, with the intent to hurt and insult the religious feelings of nuns. It is alleged that the petitioner...

Public Service Commission Can't Demand Gazette Notification To Resolve Caste Name Discrepancy, Certificate From Revenue Sufficient: Kerala HC

The Kerala High Court has held that the Public Service Commission cannot require an applicant to provide a gazette notification to address discrepancies in caste name, to prove that the applicant belongs to a community different from the one listed on their Secondary School Leaving Certificate.The Division Bench comprising Justice Anil K.Narendran and Justice P.G. Ajithkumar on referring...

Kerala High Court Weekly Round-Up: September 02- 08, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 554-564]Biju P Vidya @Monai v State of Kerala, 2024 LiveLaw (Ker) 554Chandra Babu @ Babu v State of Kerala & Another, 2024 LiveLaw (Ker) 555C. K. Kunjumon v State of Kerala and Another, 2024 LiveLaw (Ker) 556C. K. Kunjumon v State of Kerala and Another, 2024 LiveLaw (Ker) 556Ranjith Balakrishnan v State of Kerala, 2024 LiveLaw (Ker) 557Aqib...

Kerala High Court Monthly Digest: August 2024 [Citations: 495-553]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 495-553]DR. Valsamma Chacko v Leelamma Joseph, 2024 LiveLaw (Ker) 495Ramesh VV v Jyothi Maruthiyodan, 2024 LiveLaw (Ker) 496Saneesha M. S. v The Village Officers and Others, 2024 LiveLaw (Ker) 497 Kerala Pradesh School Teacher's Association v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 498Dhanya Sajith v M R Binoy Mathew, 2024...

Kerala High Court Directs 'Functionality Assessment' Test For NEET Aspirant With 50% Locomotor Disability To See MBBS Admission Eligibility

The Kerala High Court on Friday directed the Trivandrum Medical College to conduct a "functionality assessment" test to determine whether 17-year-old medical aspirant with a 50 per cent locomotor disability is eligible for the MBBS course, after noting that the disability certificate issued to her was silent on this aspect. The High Court passed the interim order in a plea moved by her...

Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution

The Kerala High Court has held that the accused has a right to access all materials which was gathered during investigation, irrespective of whether the prosecution seeks to rely upon the same. Justice C. Jayachandran remarked that the very reason that the prosecution is not relying upon the same may imply that the evidence may be in favour of the accused.Rule 19(4) of the Criminal Rules...

Will You Write Off Loans Of Wayanad Landslide Victims? High Court Asks Centre, Calls For "Carrying Capacity Assessment" Of Hills To Limit Tourists

Continuing hearing in the suo moto case initiated in the aftermath of devastating Wayanad landslides, the Kerala High Court today asked the Central government and the National Disaster Management Authority whether it is willing to write off personal loans, motor vehicle loans and housing loans availed by members of the affected families.Section 13 of the Disaster Management Act, 2005...

Trial Against Person With Alzheimer's Must Be Postponed Under CrPC & BNSS If Accused Incapable Of Making His Defence: Kerala High Court

The Kerala High Court has held that a person accused in a criminal case but incapable of making defence due to Alzheimer's Dementia is entitled to protection under the CrPC and The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Chapter XXV of CrPC pertains to provisions for accused persons of unsound mind. It includes persons suffering from unsound mind or mental retardation. Chapter XXVII...

BNSS Gives Wider Protection To Accused Of Unsound Mind Or Intellectual Disability, Will Apply Retrospectively: Kerala High Court

The Kerala High Court has held that protection afforded to an accused of unsound mind or with intellectual disability under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 has wider scope and will thus apply retrospectively, to pending applications.Chapter XXV of CrPC pertains to provisions for accused persons of unsound mind. It includes persons suffering from unsound mind or...

Church Feud: Kerala High Court Directs Ernakulam And Palakkad District Collectors To Take Over Possession Of 6 Churches

The Kerala High Court has directed the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud. Justice V. G. Arun asked the Collectors to take possession as the police was unable to follow its earlier order to provide adequate protection so that the vicars and parishioners of the Orthodox faction can...

'Hurts Religious Sentiment': 'Metro Man' E Sreedharan Moves Kerala HC Against Proposed Alignment Of Thiruvanaya-Thavanur Bridge Across Bharathapuzha River

E Sreedharan, an Engineer, renownedly known as Metro Man has moved a public interest litigation at the Kerala High Court. He is challenging the failure of the state government and authorities to consider alternative and feasible options for realigning the Thiruvanaya-Thavanur Bridge across the Bharathapuzha River without affecting the Holy Trinity Temples to preserve religious...

[POCSO Act] Kerala High Court Awards 20-Yr Sentence To Father Convicted For Repeatedly Raping Minor Daughter Over Two Years

The Kerala High Court has convicted and sentenced an accused, the father of the minor daughter, to 20 years of rigorous imprisonment for repeatedly raping and committing penetrative sexual assault upon the minor victim. The Court passed the above order in the appeal filed by the accused challenging the order of the Special Judge for the trial of offences under the POCSO Act. The Special...