Kerala High Court
Kerala High Court Grants Interim Anticipatory Bail To Film Director Omar Lulu In Alleged Rape Case
The Kerala High Court today granted interim anticipatory bail to film director Omar Lulu in an alleged rape case.Nedumbassery Police has lodged FIR under Section 376 of the IPC based on the complaint of the defacto complainant.Justice A. Badharudeen ordered that, “Since the submission of the learned Counsel for the petitioner is a matter to be considered in the facts of the case, there is...
Office Attached To Residential House Of Advocate Cannot Be Exempted While Calculating Plinth Area For Computing Luxury Tax: Kerala High Court
The Kerala High Court held that a room used by an advocate for study and office purposes attached to his residential house cannot be exempted while calculating the plinth area for computation of luxury tax under the Kerala Building Tax Act, 1975.It is to be noted that as per Section 5A of the Kerala Building Tax Act, 1975, a luxury tax is charged on a residential building if its plinth...
Correction of Date of Birth In Service Records Cannot Be Claimed As A Matter Of Right: Kerala High Court
The Kerala High Court has held that changing the date of birth in service records cannot be claimed as a matter of right.The division bench of Justice Amit Rawal and Justice Easwaran S. relied on various judgments of the Supreme Court and Kerala High Court to hold that the correction of date of birth in service records cannot be claimed as a matter of right. The issue came up in a petition...
Whether Disciplinary Action Was Initiated Against Former Deputy Tahsildar For Issuing Bogus Title Deeds: Kerala High Court Asks Govt
The Kerala High Court yesterday sought instructions from the government as to whether any crimes were registered or any disciplinary action was initiated against Devikulam Former Deputy Tahsildar M I Raveendran for issuing bogus title deeds.The Division Bench comprising Justice A.Muhamed Mustaque and Justice S.Manu observed thus:“We specifically direct the Government Pleader to get...
No Illegal Religious Structures Should Be Allowed On Govt Lands, Encroachments By Religious Groups Would Lead To Disharmony: Kerala High Court
The Kerala High Court has held that the construction of illegal religious structures and buildings in government lands by Hindus, Christians, Muslims or any other religion can not be permitted since that would lead to religious disharmony in the State.The Court referred to the Preamble of the Constitution to state that religious freedom guaranteed by the Constitution does not mean that...
Don't Get Colonial! Kerala High Court Says Police Stations Can't Be "Areas Of Terror", Should Be Approachable For Women & Children
The Kerala High Court today enquired incredulously as to why the police force in the State were trying to act In Terrorem, to instil fear and terror in the minds of the citizens by using coarse language. Justice Devan Ramachandran said police officers are public servants and police stations are public offices. Thus, citizens should feel welcome to enter a police station. “We owe our duty to...
Kerala High Court Closes Plea Upon Noting State Govt's Assurance Over Appointment Of Judicial Member To Real Estate Appellate Tribunal
The State Government has assured the Kerala High Court that a judicial member will be appointed to the State Real Estate Appellate Tribunal immediately after June O4, 2024.The Division bench comprising Justice A.Muhamed Mustaque and Justice S Manu disposed of the petition based on the assurance given by the state government that selection to the post is over and appointment will also be...
Only Co-Owners Can Claim Benefit Of Section 44 Of Transfer Of Property Act: Kerala High Court
The Kerala High Court has held that only co-owners can claim the benefit of Section 44 of the Transfer Of Property Act.A single bench of Justice C. Pratheep Kumar held that only co-owners of a property are entitled to the benefit of the second paragraph of Section 44 of the Transfer of Property Act.The second paragraph of Section 44 of the Transfer of Property Act says that where the...
Child Must Receive Love And Support From Both Parents Unless Proven Conduct Has Made One Parent Unworthy Of Custody Rights: Kerala High Court
The Kerala High Court stated that unless there is proven conduct making one parent unworthy of custody rights, it is in the best interest of the child to receive love and support from both parents.While hearing a matrimonial appeal preferred by the mother, the Court interacted with the minor child and found that she has no objection to spent time with father but expressed reluctance to stay...
Whether Nomenclature Forms Part Of An Act?: Kerala High Court To Examine Validity Of 'Hindi' Titles For New Criminal Law Statutes
The Kerala High Court heard a public interest litigation (PIL) challenging the Hindi-language titles for the three new criminal law statutes.The petition challenging the Hindi titles given to the 3 new criminal Acts came before the bench of Chief Justice A J Desai and Justice V G Arun on May 29, 2024. The matter is posted for a detailed hearing on 26th July.The PIL was filed challenging...
'Hindi Names Of New Criminal Laws Create Difficulty For Non-Hindi Speakers' : Advocate's Plea In Kerala High Court
An advocate, P. V. Jeevesh filed a Public Interest Ligitaion before the Kerala High Court challenging the act of Union of India giving titles in Hindi to the 3 new Criminal Acts – Bharatiya Nyaya Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam.The petition will be heard by the division bench comprising Chief Justice A J Desai and Justice V G Arun on May 29,...
Attacks Against Doctors & Hospital Staff Are Continuing: Kerala HC Dismisses Anticipatory Bail Plea By Accused For Allegedly Attacking Lady Doctor
The Kerala High Court today dismissed the anticipatory bail application moved by an accused for allegedly attacking and outraging the modesty of a lady Ayurveda Doctor.Dismissing the anticipatory bail application, Justice A. Badharudeen stated that a prima facie case was made out against the accused for attacking a healthcare professional. The Court further stated that there is a...