Advocate Commissioner Is Not A Job Or Employment, It Is A Privilege Given By Court: Kerala High Court

The Kerala High Court today observed that it ought to be considered an honour to be appointed as an advocate commissioner as opposed to merely being employed for monetary remuneration.“Commissioner is not a job, it is not employment, it is a privilege given by the court” observed the court. Justice Devan Ramachandran was hearing a plea moved by a lawyer practising in Kottayam whose name...

Ordering 'Pittance Amount' As Maintenance Violates Child's Right To Decent Living: Kerala High Court

The Kerala High Court has stated that ordering 'pittance' by way of maintenance amount violates the right of a child to a decent living. It stated that Courts while ordering maintenance for children should be more cautious to ensure that the amount ordered would be sufficient to meet both ends together.Justice P. Somarajan observed that a child cannot be left at the mercy of the father and has...

"Street Vendors Act A Welfare Legislation": Plea In Kerala High Court By Street Vendors Challenges Thrissur Corporation's Eviction Order

A plea has been filed at the Kerala High Court challenging a notice issued by the Thrissur Corporation directing the eviction of street vendors engaged in selling second-hand books.The writ petition was filed by a group of street vendors, who have been engaged in selling second-hand books in the streets of Thrissur City, mainly Palace Road, for more than 30 years.“The present notice is a...

Stray Dogs Creating Menace, Bonafide Dog Lovers Should Obtain License From Local Authorities To Protect & Keep Them: Kerala High Court

The Kerala High Court has addressed the issue of human-animal conflict in respect of stray dogs. It stated there was a section of people who demanded the killing of stray dogs and another section of people who were fighting to protect the stray dogs.Justice P.V.Kunhikrishnan stated that bonafide dog lovers, instead of writing in print and visual media should come forward to help the...

Can't Be Compelled To Choose Between Motherhood & Employment: Kerala HC Directs State To Adopt Compassionate Approach Towards Transfer Of Single Mothers

The Kerala High Court has observed that mothers can't be compelled to choose between motherhood and employment. It directed the State to take a compassionate approach towards the transfer of single mothers in order to respect the fundamental rights of the parent as well as of the child.The Division Bench comprising Justice A. Muhammad Mustaque and Justice Shoba Annamma Eapen observed that...

Plea In Kerala HC By Village Resident Challenges "Derogatory & Incorrect" Portrayal Of Events In Dileep-Starrer Movie 'Thankamani'

A resident of the Thankamani village in Idukki district has moved the Kerala High Court seeking to quash the certificate issued to the film 'Thankamani the Bleeding Village' by the Central Board of Film Certification.The petitioner submits that the title is defamatory and alleges the occurrence of events that never happened in the village, and as such, is against Section 5(b) of...

Prison Authorities Can't Withhold Govt Sanctioned Ordinary Leave Granted To Prisoner Citing Conduct, Subsequent Events: Kerala High Court

The Kerala High Court stated that ordinary leave granted to a prisoner under a government order could not be denied or withheld by prison authorities citing subsequent events or conduct of the convict.“Therefore, the circumstances till the date of the said recommendation alone are noticed for the grant of leave. The said leave, once granted, by the Government, cannot be interfered with by...

Kerala High Court Seeks Advocates Association's Opinion On Suggestion To Curtail Court Vacations By Judges Taking Turns To Go On Leave

In a Full Court meeting held on January 30, 2024, the Kerala High Court has decided to obtain suggestions from the Kerala High Court Advocates' Association regarding vacations in the High Court and Supreme Court.The Ministry of Law and Justice had forwarded recommendations of the Parliamentary Standing Committee on 'Judicial Processes and their Reform' regarding vacations in the Supreme Court...

Abuse Of Process: Kerala HC Dismisses Third Anticipatory Bail Application, Warns Of Costs & Directs Accused To Surrender

The Kerala High Court has warned the imposition of cost to a person who approached the Court for a third time with an anticipatory bail application on the same set of facts. The first two bail applications were dismissed and he had filed Special Leave to Appeal (Criminal) before the Apex Court which was dismissed as withdrawn. The Apex Court directed him to surrender and then seek a regular...

[NDPS Act] Must Follow Procedure For Drawing, Storing, Testing & Disposal Of Samples: Kerala HC Grants Bail For Procedural Lapse By Detecting Officer

The Kerala High Court has allowed the bail application of an accused whose crime was registered for allegedly possessing narcotics and psychotropic substances in commercial quantity.In the facts of the case, the police officer searched and seized contraband in from two different zip lock bags from the petitioner and pillion rider, and without drawing a representative sample from both the...

Kerala High Court Directs Binoy Kodiyeri To File Income Tax Returns For Assessment Years 2015-22

The Kerala High Court has disposed of the petition filed by Binoy Kodiyeri challenging the assessment orders issued to him by the Income Tax Department for a total of 7 assessment years from 2015-16 to 2021-22.Binoy Kodiyeri, son of CPM politician Kodiyeri Balakrishnan, had moved a plea before the High Court alleging that the procedure adopted by the IT Department in issuing certain notices...

Kerala High Court Weekly Round-Up: February 26 - March 3, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 135 - 151]State of Kerala v. P Gopalakrishnan alias Dileep 2024 LiveLaw (Ker) 135Meenakshi and ors. v. P Soman Nadar and ors. 2024 LiveLaw (Ker) 136 Vazhuthacaud R.Narendran Nair v State of Kerala 2024 LiveLaw (Ker) 137State of Kerala v Kool Foam Pvt Ltd. & Connected Cases 2024 LiveLaw (Ker) 138Swapna Prabha Suresh v State of Kerala 2024...