School Property Intended Only For 'Intellectual Enrichment': Kerala HC Rejects Plea To Host Religious Function In Govt School Auditorium

The Kerala High Court has held that the notion that Government schools are merely collective property and could be used for other purposes is an outdated concept. It stated that in the modern era, government schools are achieving remarkable educational excellence, equipping students to become citizens of future.The petitioner SNDP Yogam Sakha approached the Court seeking permission to use...

[All India Services] Commutation Of Pension Not Possible For Retd Officer Undergoing Departmental/Judicial Proceeding, Only Provisional Pension Allowed: Kerala HC

The Kerala High Court held that only a provisional pension could be sanctioned to a retired member of the All India Services if he is undergoing departmental or judicial proceedings. It stated that disbursement of DCRG or Commutation of Pension is permissible only after the culmination of departmental or judicial proceedings and not during the pendency of the proceedings. The Division...

S.216 CrPC | Addition Of Charges Has To Be Done By Court Upon Its Own Satisfaction, Not At The Behest Of Parties: Kerala High Court

The Kerala High Court has held that the power to alter or add charges in exercise of power under Section 216 CrPC remains with the Court and cannot be done based on the application of parties. In the facts of the case, the Public Prosecutor applied to the Trial Court to alter the charge and add the offence of trafficking under Section 370 of the IPC against the accused. The Trial Court...

Plea In Kerala High Court Seeks Appointment Of Judicial Member To Upcoming Vacancy In State's Real Estate Appellate Tribunal

Social Justice Vigilance Forum, a registered society under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, has approached the Kerala High Court seeking appointment of a Judicial Member in the Kerala State Real Estate Appellate Tribunal due to an expected vacancy that would arise from May 28, 2024. The plea states that if no direction is issued by...

Transwoman Moves Kerala High Court Against Denial Of Medical Treatment In Jail For Undergoing Gender Affirmation Surgery

A transwoman has approached the Kerala High Court challenging the denial of medical treatment in jail for undergoing gender affirmation surgery. It is submitted that due to the denial of medical treatment in jail, the petitioner is facing gender dysphoria and mental trauma.Justice Johnson John directed the registry to number the petition and the public prosecutor sought time to get...

Veterinary Student Death: Kerala High Court Impleads Deceased's Mother In Bail Applications Moved By Accused

The Kerala High Court today impleaded the mother of veterinary student Sidharthan, in the bail application filed by those accused of abetting his suicide.Sidharthan's mother disputed the finding in the final report that her son committed suicide by hanging. She alleged that further investigation is required by the CBI since the local police had tried to portray the brutal and inhumane murder...

Kerala High Court Weekly Round-Up: May 6- May 12, 2024

Citations: 2024 LiveLaw (Ker) 282 To 2024 Livelaw (Ker) 287Nominal Index XXXX v Union of India, 2024 LiveLaw Ker 282XXX v Union of India, 2024 LiveLaw Ker 283Chekkutty v State of Kerala. 2024 LiveLaw Ker 284 Sindhu B S v Union of India, 2024 LiveLaw Ker 285Area Manager, Food Corporation of India vs P.T. Rajeevan, 2024 LiveLaw Ker 286R K Ramakrishnan v PC Moosa Haji, 2024 LiveLaw...

Unlawful Deprivation Of Property: Kerala High Court Orders Compensation For Land Acquired Under Kottayam Development Corridor Project

The Kerala High Court stated that landowners who surrendered their property for the 'Kottayam Development Corridor Project' would be paid adequate compensation by assessing the land value by initiating proceedings under the LARR Act by issuing gazette notification and not based on the property's market value as on the date of surrender of the property back in 2015. It stated that...

Trial Courts Expected To Decide On Acceptability Of Advocate Commissioner's Report Before Proceeding With Trial: Kerala High Court

The Kerala High Court held that the Trial Courts should evaluate and decide regarding the acceptability of the Advocate Commissioner's Report and Plan before proceeding with the trial of the suit when a party to litigation moves an application challenging it.Justice G. Girish observed that the Trial Courts should not wait to consider the challenge against the Advocate Commissioner's Report...

Kerala High Court Reserves Judgment On AAP Member's Plea For ED Probe Against BJP Members In Kodakara Hawala Heist Case

The Kerala High Court reserved its judgment in the plea filed by State President of Aam Aadmi Party (AAP) Vinod Mathew Wilson who has approached the Court with a public interest litigation seeking action against individuals affiliated with the Bharatiya Janata Party (BJP) for allegedly committing hawala money transactions to the tune of 3.5 crores for use in campaigns during the 2021...

[Veterinary Student Death] CBI Submits Final Report Accusing 19 Students Of Abetment To Suicide, Criminal Conspiracy & Assault

In the matter of a veterinary student's death in Kerala, the Central Bureau of Investigation (CBI) has submitted its final report, naming 19 students as accused. The CBI had taken over the investigation of the matter pursuant to the orders of the Court.The final report of the CBI stated that the Anti-ragging squad of the college submitted a report to the police after their enquiry concluding...

Employee's Right To Seek Treatment From Hospital Of Choice Cannot Be Curtailed By Circulars Issued By Employer: Kerela High Court

A single judge bench of the Kerela High Court comprising of Justice G. Girish in the case of Area Manager, Food Corporation of India vs P.T. Rajeevan has held that the right of the employee to seek treatment from the hospital of his choice cannot be curtailed by the circulars issued by employer Background Facts P.T. Rajeevan (Respondent) was working as a head load worker in the...