[S.216 CrPC] Alteration Of Charge Is A Vested Right Of Court, Within Its Domain And Not That Of The Parties: Kerala High Court

The Kerala High Court reiterated that the power of alteration of charges under Section 216 of the CrPC is the vested power of the Court, and could be exercised at any time before judgment is pronounced.The Court stated that parties have no such vested right, but they can move an application seeking alteration of charges which the Court will decide. Justice A. Badharudeen observed thus:...

Kerala High Court Directs Govt To Build E-Toilets For Flood-Affected Tribal Families In Nilambur

The Kerala High Court has directed the state authorities to build an appropriate number of e-toilets for around 300 families living in the area. A report in this regard shall also be filed before the Court.The Division Bench comprising Chief Justice A. J. Desai and Justice V. G. Arun passed this order in a plea filed by Aryadan Shouketh, former Chairperson of Nilambur Municipality and a...

Kerala High Court Forms Expert Committee To Curb Pollution In Periyar River

The Kerala High Court has formed an Expert Committee to submit a report containing suggestions and actions to be taken to curb pollution in the Periyar River.The Division Bench comprising Chief Justice A J Desai and Justice V G Arun directed thus: “The committee shall consist of the Secretary, Directorate of Environment and Climate Change, Government of Kerala, the Regional Director,...

Kerala High Court Declines Minor Girl's Plea Seeking Pilgrimage To Sabarimala Temple Due To Issues Pending Before SC's Larger Bench In Review Petition

The Kerala High Court today dismissed the writ petition of a 10-year-old minor girl who invoked its writ jurisdiction under Article 226 of the Constitution of India seeking a declaration that she was entitled to have a pilgrimage to Sabarimala Temple during the Mandala Pooja/Makaravilakku season of 1199 ME(2023-24) without insisting on upper age qualification.The writ petition was filed...

Kerala High Court Temporarily Stays Collector's Order Reducing Area Allotted To Trivandrum Government Law College

The Kerala High Court has temporarily stayed an order by the Trivandrum Collector directing the reconstruction of the outer wall of Trivandrum Government Law College after leaving 2 meters of space for road widening.A petition challenging the same was filed by Advocate G. Muralidharan who is the Vice President of the Parent Teachers' Association of the College and also a former student and...

Safety Of Pedestrians Paramount: Kerala High Court Directs Ernakulam District Collector To Submit Report On 'Operation Footpath'

The Kerala High Court has directed the Ernakulam District Collector to submit a report on steps taken for footpath safety. This comes after the court took suo moto notice of the incident where a woman's leg got stuck between the slabs of footpath in Kochi. She did not sustain any injury.Single bench of Justice Devan Ramachandran observed that taking steps for footpath safety was important...

Regulatory Authorities Can't Misinterpret Judgments Erroneously To Deny Registration To Permanent Employees: Kerala High Court

A single judge bench of the Kerala High Court comprising of Justice Murali Purushothaman, while deciding Writ Petitions in the case of Jomon Sebastian & Ors vs. Assistant Labour Officer & Ors, held that regulatory bodies cannot misinterpret judgments to wrongfully deny registration to the permanent employees. Background Facts The petitioners are headload workers employed...

Consider Objections To Ban On 'Dangerous & Ferocious' Dog Breeds: Kerala High Court To Ministry Of Animal Husbandry

The Kerala High Court has directed the Ministry of Fisheries and Animal Husbandry to consider the objections submitted by stakeholders while considering a writ petition challenging the circular dated March 12, 2024, issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying Department, which bans the rearing of around 23 breeds of dogs on the ground of them being ferocious...

Whatever Be The Provocation, Policemen Cannot Behave Except In A Civil Manner: Kerala High Court

The Kerala High Court has stated that policemen should behave in a civilized manner, regardless of any provocation they may face. The Court stated that any abhorrent conduct from the policemen against the citizens would not be permitted and will be dealt with by deterrent measures.Justice Devan Ramachandran directed the Police Chief to appear online for an interaction with the Court on June...

Kerala High Court Refuses Anticipatory Bail To Mohiniyattam Performer Booked For Making Alleged Casteist Remarks Against Fellow Artist

The Kerala High Court rejected the anticipatory bail application moved by Mohiniyattam Performer Kalamandalam Sathyabhama for making casteist remarks against fellow artist Dr. RLV Ramakrishnan.Justice K Babu observed that the prosecution has prima facie established that Sathyabhama intentionally made such remarks to humiliate Ramakrishnan for belonging to the Scheduled Caste Community....

Road Accident | Contributory Negligence Cannot Be Inferred From Scene Mahazar Alone: Kerala High Court

The Kerala High Court, in an appeal against an order of the Motor Accidents Claim Tribunal, held that contributory negligence cannot be fixed based on the scene mahazar alone. It can be relied on if there is a police charge alleging contributory negligence or evidence to support the mahazar.“If the police charge attributes contributory negligence, the same can be relied on by the tribunal,...

S.77 Customs Act Mandates Declaration Of Contents Of Not Just Baggage, But Also Posts And Couriers: Kerala High Court

The Kerala High Court has held that Section 77 of the Customs Act, which obliges every owner of a baggage to make a declaration of its contents to the customs officer for the purpose of clearing it, deals with the declaration of contents of not just baggage but also posts and couriers.Justice P G Ajithkumar observed thus:“Section 77 of the Customs Act obliges every owner of a baggage to make...