Unexplained Long Delay Fatal To Prosecution: Kerala High Court Quashes Rape Case Filed After 16-Yr Delay

The Kerala High Court recently quashed criminal proceedings initiated against the petitioner on finding that the prosecution failed to explain the delay of 16 years in filing the rape case. The de facto complainant alleged that the petitioner subjected her to rape in the year 2001, and First Information Statement was given in 2017 only. The Court noted that the delay of 16 years in filing...

Film Director Ranjith Moves Kerala High Court Seeking Anticipatory Bail Amid Sexual Abuse Allegations

Film director Ranjith has moved an anticipatory bail application before the Kerala High Court over sexual abuse allegations made against him after the publication of Justice Hema Committee Report, which deals with issues (including sexual demands) faced by women in the Malayalam film industry.The bail application has been moved based on allegations filed by a Bengali actress alleging...

PIL Before Kerala HC Seeks CBI Inquiry Into Justice Hema Committee Report, Special Law For Protection Of Women In Film Industry

A public interest litigation has been moved before the Kerala High Court seeking to place the entire Justice Hema Committee before the Central Bureau of Investigation (CBI) for inquiry. The petition also seeks to formulate a special law to protect women in the film industry.The Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced by women in...

Actor Siddique Moves Kerala High Court Seeking Anticipatory Bail Over Allegations Of Rape

Malayali Actor Siddique has moved the Kerala High Court seeking anticipatory bail as an FIR has been registered against him for rape and criminal intimidation.The complainant had said that the actor called her to Muscot Hotel in Trivandrum on the pretext of discussing a film and he raped and assaulted her there. The complainant gave her complaint to the Special Investigation Team constituted...

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution.Article 227 deals with the superintendence of the High Court over all courts and tribunals in its territory. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a...

Aggrieved Person Can Challenge Sessions Court Order U/S 29 DV Act By Filing Revision Petition: Kerala High Court

The Kerala High Court has held that an aggrieved person can challenge the decision of a Sessions Court issued under Section 29 of the Protection of Women From Domestic Violence Act (DV Act) by way of a Criminal Revision Petition.The judgment was delivered by Justice Bechu Kurian Thomas in a petition filed under Article 227 of the Constitution challenging the order of the Sessions Court which...

Kerala High Court Weekly Round-Up: August 26 – September 1, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 548 – 553]Benzy Martin v State of Kerala, 2024 Live Law (Ker) 548Muhammed Ramees v State of Kerala, 2024 Live Law (Ker) 549Ibrahim v Administrator, 2024 LiveLaw (Ker) 550Fact United Employees Liberation V The Fertilisers And Chemicals Travancore Limited, 2024 Live Law (Ker) 551Chirakkal Sankaran Nair v Ponguzhi Parambath Sreedharan Nair, 2024...

No Organisation/ Association Can Register In Address Of High Court Without Consent: Kerala High Court

The Registrar of Kerala High Court has issued a letter clarifying that no organisation or association will be permitted to get registered at the address of the High Court or the High Court building, unless they provide a consent letter from the High Court.The letter issued by the Registrar also states that organisations or associations that have registered at the High Court or the High...

Kerala High Court Suggests Govt To Come Up With Scheme Incentivising People For Collecting Plastic Waste

The Kerala High Court has suggested the State government to rope in the public in collecting plastic waste by incentivising them for the waste they collect. The Court said the government can test the viability of this project by starting it in any one place. The government can fix a minimum quantity and the rate at which they want to buy clean plastic (plastic which is cleaned and used...

Police Lack Authority To Adjudicate Civil Disputes, Must Refer Parties To Competent Civil Court Or ADR: Kerala High Court

The Kerala High Court has observed that the police lack the power or authority to act as a Civil Court or to adjudicate civil disputes between the parties.Justice Kauser Edappagath observed that the police cannot adjudicate civil disputes relating to title, possession, boundary, or encroachment of land and it can only refer parties in civil disputes to a competent civil court or ADR...

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC

The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details.The Court...

No Invariable Rule That Prescriptive Easement Right Of Way Can't Be Claimed Over Ridge Of Paddy Fields, Burden Lies On Claimant: Kerala HC

The Kerala High Court has held that there is no absolute rule that prescriptive easement right of way cannot be claimed over ridges of paddy field. However, the Court stated that there is a heavy burden on the user who claims prescriptive easement right of way over ridges of paddy field as a matter of right, rather than as a permissive user.The Division Bench comprising Justice Sathish Ninan...