Kerala High Court
Paid Menstrual Leave Is Policy Matter, Not Enforceable Right: KSRTC Tells Kerala High Court
The law officer of the Kerala State Road Transport Corporation (KSRTC) has filed a counter affidavit before the Kerala High Court opposing the plea seeking 2 days paid menstrual leave for KSRTC's women conductors.The petitioners had cited the Karnataka Government's decision regarding paid menstrual leave and prayed for a direction granting similar relief to the women conductors working in...
Kerala High Court Directs Police Protection For Expelled CPI(M) Leader Ahead Of Book Release Alleging Fund Mismanagement By Party
The Kerala High Court on Friday (January 30) directed the District Police Chief and the SHO, Payyanur to ensure that there is adequate protection to the life of expelled Communist Party of India (Marxist) leader Kunhikrishnan V. ahead of the release of his book "Nethruthwathe Anigal Thiruthanam", which is stated to be an exposé on irregularities and mismanagement of martyrs funds and other...
Compromise Without Pre-Existing Rights Invalid In Service Inam Land Proceedings: Kerala High Court
The Kerala High Court has recently held that the claimants who possess no pre-existing legal rights over Service Inam lands cannot enter into a binding compromise inter se, under the Kerala Service Inam Lands (Vesting and Enfranchisement) Act, 1981. It has further held that the statutory authorities cannot abdicate their adjudicatory role by merely recording such settlements.For context,...
'Nip It In The Bud': Kerala High Court Issues Directions For Prompt Reporting Of Malpractices In Temples, Including Sabarimala
The Kerala High Court on Friday (January 29) issued guidelines for the effective and prompt reporting of the lapses, misconduct and malpractices in the religious institutions under the Travancore Devaswom Board.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition initiated on the basis of the report of the Sabarimala...
Pulsar Suni Approaches Kerala High Court Challenging Conviction & Sentence In 2017 Actress Assault Case
Sunil N S also known as Pulsar Suni, the first accused in the 2017 actress abduction and rape case has approached Kerala High Court challenging his conviction and sentence imposed by the Sessions Court, Ernakulam.The Sessions Court has found him guilty of offences punishable under Section 120B (criminal conspiracy) read with Sections 342 (wrongful confinement), 354 (outraging modesty),...
'Malikhana' Distinct From 'Privy Purse': Kerala High Court Rejects Challenge To Zamorin Raja's Allowance; Cites Article 363 Bar
The Kerala High Court has dismissed a writ petition challenging the grant of Malikhana allowance to a member of the Zamorin royal family, holding that disputes relating to rights arising from pre-Constitution covenants are barred from judicial scrutiny under Article 363 of the Constitution Of India.A Division Bench comprising Justice Raja Vijayaraghavan V and Justice KV Jayakumar further...
Permission To Cultivate Non-Paddy Crops Doesn't Authorise Land Conversion Or Tenure Change: Kerala High Court
The Kerala High Court has held that an order issued under Clause 7 of the Kerala Land Utilisation Order, 1967 (KLU Order), even if it permits cultivation of crops other than paddy, cannot be construed as permission under Clause 6(2) for conversion of land or for alteration of land tenure in revenue recordsJustice P M Manoj was delivering a judgment in a writ petition in which the...
Bar Association Not 'Employer', Can't Constitute Internal Complaints Committee As Per POSH Act: Kerala High Court
The Kerala High Court recently held that the constitution of an Internal Complaints Committee (ICC) by the Kollam Bar Association was against the objective and requirement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act].Justice P.M. Manoj reasoned that a bar association is not an 'employer' within the meaning of the Act and...
Kerala High Court Directs Devaswom Board To Expedite Construction Of Biogas Plant & Gas Cylinder Storage Plant In Sabarimala
The Kerala High Court on Wednesday (January 28) directed the Travancore Devaswom Board and the State government to take steps to expedite the construction of a biogas plant and a storage plant for gas cylinders in Sabarimala.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order while considering a suo motu petition based on the...
High Courts Work Even On Holidays, Denial Of Compensatory Leave To Its Officers Illegal, Violates Article 229: Kerala High Court
The Kerala High Court on Wednesday (January 28) held that denial of compensatory leave to the Gazetted Officers of the High Court is illegal, arbitrary and violative of Article 229 of the Constitution.Justice N. Nagaresh observed: “In High Court, the functional realities are materially different from other Government Departments. Administrative and judicial work continues even during...
Telling Someone 'Go Away And Die' In Heat Of Quarrel Doesn't Amount To Abetment Of Suicide: Kerala High Court
The Kerala High Court has reiterated that casual or angry utterances made during a quarrel, without the requisite mens rea, do not amount to abetment of suicide under Section 306 of the Indian Penal Code.Justice C Pratheep Kumar, was delivering the judgement in a criminal revision petition against a Sessions Court order rejecting the application for discharge. The Session Judge has also...
Confession Made To Police Can't Be Used Against Co-Accused Without Independent Evidence: Kerala High Court Acquits Man In Theft Case
The Kerala High Court has reiterated that a confession made to the police by one accused cannot be used to convict a co-accused in the absence of an independent incriminating evidence.Justice M B Snehalatha was delivering a judgment in a criminal revision petition filed by the second accused in a theft case. The petitioner challenged the conviction and sentence for the offence punishable...