Kerala High Court Exempts Advocates From Wearing Gowns Amid Summer Heat

The Kerala High Court has passed a resolution exempting advocates from wearing gown during the summer season.The Full Court resolved to :i) Permit the Advocates appearing in the Courts in the District Judiciary to wear a white shirt with band, by making the use of black coat and the Advocate's Gown optional.ii) For the Advocates appearing in the High Court, wearing of Gown will be...

[Masala Bonds Case] Not Proper To Compel Candidate To Answer ED Summons Immediately Before Lok Sabha Elections: Kerala High Court

The Kerala High Court has adjourned the masala bonds case hearings until the conclusion of the 2024 General Elections upon observing that Former Finance Minister Dr Thomas Isaac is a candidate contesting the elections from the Pathanamthitta constituency. The Court stated that it would not be appropriate to disturb Dr Isaac during the election-prone days by compelling him to answer the...

Kerala High Court Allows Doctor Accused Of Abetting Girlfriend's Suicide To Rejoin PG Studies, Cites Irreversible Impact Of Missing Classes

The Kerala High Court has allowed a doctor accused of abetting his girlfriend's suicide to rejoin his post-graduate studies upon noting the 'irreversible damage' caused by preventing him from attending classes.A single-judge bench consisting of Justice Ziyad Rahman AA has permitted the doctor accused of abetting his girlfriend's suicide by asking for an exorbitant dowry to rejoin...

CBI Takes Over Investigation Into Veterinary Student's Death, Kerala High Court Closes Father's Plea

The Kerala High Court has closed the plea moved by Jayaprakash T, father of deceased Sidharthan J S based on the submission that the Central Bureau of Investigation (CBI) has taken over the investigation.Justice Bechu Kurian Thomas observed that the Union Government had issued a notification under section 5 of the Delhi Special Police Establishment Act entrusting the investigation with the...

Workers Paid Gratuity Under Abkari Workers Welfare Fund Act Can't Claim Benefit Under Payment Of Gratuity Act: Kerala High Court

The Kerala High Court stated that Abkari workers who were given benefits under the Kerala Abkari Workers Welfare Fund Act, 1989 (KAWWF) cannot claim gratuity under the Payment of Gratuity Act, 1972.Justice Basant Balaji held that Abkari workers and regular Corporation workers come under different classes since Abkari workers do not come under the definition of 'employee' under the Gratuity...

State Must Delicately Balance Academic Interest Of Child With Right To Recreation: Kerala HC Allows ICSE, CBSE Schools To Conduct Vacation Classes

The Kerala High Court has permitted schools following CBSE, and ICSE Boards (non-KER Schools) to conduct vacation classes between 7.30 AM and 10.30 AM. It further stated that schools following Kerala Education Rules (KER) are bound by the KER Calendar and cannot conduct vacation classes.The Division Bench comprising Justice A.Muhamed Mustaque and Justice M.A.Abdul Hakhim held thus:“i....

Kerala High Court Weekly Round-Up: April 01 – April 07, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 211-230]Anoop v. State of Kerala, 2024 LiveLaw (Ker) 211K M Habeeb Muhammed v The Managing Director, 2024 LiveLaw (Ker) 212Sister Annamma Mathai v State of Kerala, 2024 LiveLaw (Ker) 213Aynikkal Plantations Pvt. Ltd v State of Kerala, 2024 LiveLaw (Ker) 214Sheela v. Abdul Gafoor, 2024 LiveLaw (Ker) 215Anil Kumar and ors. v. State of Kerala,...

Can't Compel Child To Live With Parent Unacceptable To Him: Kerala HC Allows Child To Stay With Deceased Father's Relatives In Mother's Habeas Plea

The Kerala High Court held that a minor child cannot be compelled to live with a parent totally unacceptable to the child while considering a habeas corpus petition filed by the mother seeking custody.The Division Bench comprising Justice Anil K Narendran and Justice G Girish while permitting the child to live with his deceased father's relatives stated thus:“If it is found that, in a...

Can't Infringe Detainees' Constitutional Rights: Kerala HC Releases Man Whose E-Mail Representation Went To Authority's Spam Folder, Frames Guidelines

The Kerala High Court has issued guidelines relating to the forwarding of representations of detainees. A division bench consisting of Justice A Muhamed Mustaque and Justice MA Abdul Hakhim clarified that the representations shall be forwarded by all jail superintendents in the following manner:i) Jail superintendents shall forward e-mail copies both in the e-mail address of the...

Kerala High Court Grants Anticipatory Bail To Advocate B A Aloor For Allegedly Sexually Assaulting Minor Child

The Kerala High Court granted anticipatory bail to Advocate B A Aloor for allegedly sexually assaulting a minor child child. The specific allegation was that Advocate Aloor sexually assaulted the minor child who met him along with her mother to avail loan for a business transaction.“Having noticed the facts of this case in the above line, directing the petitioner to subject himself...

[Madrasa Teacher Murder] State Govt Moves Kerala High Court Against Acquittal Of Accused RSS Workers

The State Government has moved an appeal before the Kerala High Court challenging the acquittal of three RSS workers Ajesh (accused 1), Nidhin Kumar (accused 2) and Akhilesh (accused 3) in the murder of Madrasa Teacher Muhammad Riyas.Riyas was murdered on March 20, 2017, inside a Muhayudheen Mosque in Kudlu village, Kasargod district by the accused who were RSS fanatics to promote hatred...

Land Used For Agricultural Purposes Yielding Agricultural Income Is Exempted From Income Tax: Kerala High Court

The Kerala High Court has held that the land in question was used for agricultural purposes, which yielded agricultural income, which in turn was exempt from income tax under Section 10(1) of the Income Tax Act.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that there is no material produced by the appellant that would clearly suggest that the loan...