[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...

[Justice Hema Committee Report] Director V K Prakash Moves Kerala High Court Seeking Anticipatory Bail Amid Sexual Abuse Allegations

Film director V K Prakash has moved an anticipatory bail application before the Kerala High Court over sexual abuse allegations made against him after the publication of the Justice Hema Committee Report, which deals with issues (including sexual demands) faced by women in the Malayalam film industry.On publication of the Committee report, several women have come forward making...

Important To Hold Referendum For Multiple Trade Unions To Determine Which Union Commands Bargaining Power: Kerala High Court

The Kerala High Court has held that when there are multiple registered trade unions, it is significant to determine which union must negotiate with the establishment to represent the interests of workmen to maintain industrial peace.It thus directed the Fertilisers And Chemicals Travancore Limited (FACT) to hold a Trade Union Referendum by secret ballot to determine the representative...

Accused Not Entitled To Materials Affecting Privacy Of Sexual Offence Victim On Ground That Her Identity Is Already Disclosed In Public: Kerala HC

The Kerala High Court has recently reiterated that publishing any details which would affect the privacy of a victim of sexual assault is prohibited and to say that since her privacy has been disclosed in public by other publication modes would be enough to give the accused such details, would add "pepper" to the victim's wound.The high court was considering the issue whether the disclosure...

KSFE Entitled To Resort To Revenue Recovery Proceedings Under Kerala Revenue Recovery Act, Not Barred By Chit Funds Act: Kerala High Court

The Kerala High Court has held that the Kerala State Financial Enterprises Limited (KSFE) is entitled to resort to revenue recovery proceedings under the Kerala Revenue Recovery Act 1968 for recovery of dues from subscribers as it has been designated as a notified institution under Section 71 of the Act.Section 71 of the Kerala Revenue Recovery Act provides power to the government to declare...

Kerala High Court Weekly Round-Up: August 19 -25, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 536 – 547]Sham P S v State Bank of India, 2024 LiveLaw (Ker) 536Mary Queens Mission Hospital Versus The Commissioner Of Income Tax (Exemption), 2024 LiveLaw (Ker) 537P.C. Varghese Muthalali v State of Kerala, 2024 LiveLaw (Ker) 538Mary Baby v State of Kerala, 2024 LiveLaw (Ker) 539Ibnu Shijil v State of Kerala, 2024 LiveLaw (Ker) 540P V...

Burden Of Proof To Establish Lack Of Means To Maintain Spouse Lies On Party Who Expresses Such Inability: Kerala High Court

The Kerala High Court held that in a suit for maintenance, it is upon the respondent to prove that he does not have enough means to maintain the claimant. The Court observed that evidence to prove the means of a person will be within his exclusive knowledge and therefore, it is upon him to disprove the claim put by the petitioner.A Division Bench of Justice Devan Ramachandran and Justice M....

Hearing Opportunity Must Be Given To Investigating Officer Before Making Adverse Remarks Against Him To Protect Future Career Prospects: Kerala HC

The Kerala High Court has reiterated that it is a basic requirement under the principles of natural justice to give an opportunity of hearing to an investigating officer before the Court making adverse remarks against him, especially when such remarks could affect his future career prospects.The Court passed the above order while considering an appeal against a Sessions Court order...

Kerala High Court Expresses Dismay Over Banks Deducting Loan Instalments From Relief Fund Of Wayanad Landslide Victims

The Kerala High Court has expressed its "distress" over banks deducting monthly loan instalments from the funds deposited into the Wayanad Landslide victims' accounts from the Chief Minister Distress Relief Funds.The Court was hearing the suo moto case initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.The division bench...

Luxury Cars Tax Evasion Case: Kerala High Court Exempts Union Minister Suresh Gopi From Personal Appearance

The Kerala High Court has exempted actor and Union Minister Suresh Gopi from personal appearance before the trial court until further orders in the luxury cars tax evasion case . The Additional Chief Judicial Magistrate for MP/ MLA Courts had ordered the actor to appear before the Court for framing of charges. The stay order was passed today by Justice C. Jayachandran.The actor and Union...

Kerala High Court Denies Bail To Accused Booked For Brutally Murdering 7-Yr-Old Boy, Says He Was Deliberately Protracting Trial

The Kerala High Court ruled that the accused who was deliberately protracting the trial was not entitled to bail.The petitioner, who is accused of allegedly brutally attacking and murdering the 7-year-old minor son of the woman he was living with after her husband's death has approached the Court with a bail application. Justice P.V.Kunhikrishnan dismissed the bail application and stated that...