[TP Chandrashekaran Murder] Kerala High Court To Pronounce Order In Plea For Enhancement Of Accused's Life Sentences

The Kerala High Court will pronounce its orders on the plea for enhancement of sentence in the TP Chandrashekaran murder case at 3.30 PM today. The leader of the Revolutionary Marxist Party (RMP) was murdered due to political rivalry on May 4, 2012.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath was considering the appeals for enhancement of...

Obligation To Engross Decree On Stamp Paper Lies With Court Which Passed Final Decree: Kerala High Court

The Kerala High Court has held that the obligation to engross the final decree on stamp paper lies with the appellate court which passed the final decree.A division bench comprising Justice Anil K Narendran and Justice PG Ajithkumar has held the decision in Brenda Barbara Francis v. Adrian Miranda 'Halcyon' Pakkattuvila, Kunnukuzhi (2016) to be per incuriam, observing that the obligation...

[TP Chandrasekharan Murder Case] Kerala High Court To Consider Mitigating Circumstances Of Accused In Plea For Enhancement Of Sentence

The Kerala High Court heard the convicted accused on the plea for enhancement of sentence in the TP Chandrashekaran murder case. The leader of the Revolutionary Marxist Party (RMP) was murdered due to political rivalry on May 4, 2012.Last week, the High Court confirmed the trial court judgment and convicted 11 accused under Section 302 (punishment for murder) and Section 120B...

Can A Pregnant Woman Who Initiated Divorce Proceedings Seek Medical Termination Of Pregnancy Alleging Change Of Circumstances: Kerala HC To Consider

The Kerala High Court is to consider the question of whether a woman can claim a change of circumstances for seeking medical termination of pregnancy under the Medical Termination of Pregnancy Act 1971 and Medical Termination of Pregnancy Rules 2003 when she has filed a divorce petition and the proceedings are going on.As per Rule 3 (B) of the Medical Termination of Pregnancy Rules...

Previously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High Court

The Kerala High Court has made it clear that when two suits between the same parties on the same issue are pending, it is only the subsequent suit which can be stayed in exercise of powers under Section 10 of the Civil Procedure Code. “Considering the fact that the suit filed by the respondent being the one filed earlier, it cannot be stayed under Section 10 of CPC” bench of Justice...

[LARR Act, 2013] Kerala High Court Declines To Condone Delay In Filing Appeal After Expiry Of Maximum Period Of 120 Days

The Kerala High Court has stated that the maximum time period for filing an appeal against an award as per Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (LARR Act) is 120 days.The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen while declining to condone the delay in filing...

Sexual Awareness Now Part Of School Curriculum: Kerala Govt Informs High Court

Textbooks for grade 7 now contain sexual awareness programme targeted at informing students, the Kerala government has informed the High Court. Its counsel handed over a copy of Part I of the textbook for STD VII which is about to be rolled out for the coming academic year in the schools following the Kerala syllabus for its curriculum, incorporating sexual awareness programme. Counsel for...

[PC Act] Mere Negligence In Giving Legal Advice Sans Moral Delinquency Not Professional Misconduct: Kerala High Court Reiterates

The Kerala High Court has reiterated that mere negligence unaccompanied by moral delinquency on the part of a legal practitioner during the profession would not amount to professional misconduct warranting conviction. It cited Supreme Court's decision in P.D. Khandekar v. Bar Council of Maharashtra (1984) where it was held that there is a difference between giving of improper legal advice...

Kerala High Court Weekly Round-Up: February 19 - February 25, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 120-134]Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board 2024 LiveLaw (Ker) 120K C Ramachandran v State of Kerala & Connected Matters 2024 LiveLaw (Ker) 121 Lini v State of Kerala 2024 LiveLaw (Ker) 122 Arifa PK v. State of Kerala 2024 LiveLaw (Ker) 123 Kuttiyali v State of Kerala & Connected Matters 2024 LiveLaw (Ker)...

Kerala HC Allows Use Of Elephants Only To Push Chariots For Negotiating Curves During Temple Festival, Issues Directions To Ensure No Cruelty

The Kerala High Court has permitted three temples to use elephants to push chariots only for negotiating curves, if required, for temple festivals since it was a centuries-old tradition, subject to compliance with all safeguards and directions by the Court.The temple committee members approached the High Court seeking permission to deploy services of elephants/tuskers for pushing the chariots...

[Tortious Liability Of State] Kerala HC Upholds Compensation To Man Injured In Blast Outside Jail, Emphasises Constitutional Duty Of Care, Foreseeability & Neighbourship

The Kerala High Court had upheld the decree of compensation granted to a man who got injured in an explosive attack before the Sub Jail. It observed that the State has a reasonable duty to take necessary precautions when notorious criminals involved in gang rivalry are brought into or taken out of jail.The State had preferred an appeal against the decree of the Trial Court granting five...

Infringes Constitutional Rights Of Tribal People: Kerala HC Quashes GO Allotting Agricultural Land To Encroaching Church 'In Public Interest'

The Kerala High Court has stated that encroachers of government land are not entitled to any equity and there is no public interest to assign a property when there is an admitted encroachment. It stated that even if the encroachment was decades back, the state should work to repossess the land unless there is any legal impediment to it.The petitioners are social workers from the landless...