Kerala High Court
Akshaya Centres Not Meant To Create Unauthorized Wealth, Authorities Should Take Action To Prevent Proscribed Financial Transactions: Kerala HC
The Kerala High Court has stated that authorities should step in and take action if any person uses Akshaya Centres to enter into illicit financial transactions and create unauthorized wealth and illegal gains, contrary to public interest.The petitioners had approached the Court challenging the orders issued by the District Collector and the Director of the Akshaya Project for the cancellation...
Right To Fair Trial Of Accused Affected If Plea Of Guilt Remains After Alteration Of Charges: Kerala High Court
The Kerala High Court has made it clear that if an accused pleads guilty to a particular offence, the plea of guilt cannot extend to new offences invoked upon alteration of charge.A single judge bench of Justice Bechu Kurian Thomas observed that in this case the Petitioner, involved in a motor accident, had pleaded guilty to the offences under sections 279 and 338 IPC and not under section...
Kerala HC Denies Bail To Man Accused Of Stabbing Partner To Death, Says Bail Can't Be Granted When Alleged Offence 'Shakes Public Confidence'
The Kerala High Court has stated that bail should not be granted when an alleged offence has shaken the confidence of the public. The Court was dealing with a case where a man had stabbed his partner to death due to a misunderstanding. It said: Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and...
Deceased Person Has Equal Right Over His Mortal Remains As A Living Being: Kerala High Court Observes Orally
While hearing a live-in partner's plea for release of his deceased partner's body from the hospital, the Kerala High Court today orally remarked that even a deceased person has right over his body and thus, the mortal remains have to be dealt with quickly.Deceased person has equal right over his mortal remains as a living being. Article 21 will continue, Justice Devan Ramachandran...
SEC Can't Rely On Uncontroverted Statement Of One Party: Kerala HC Allows Cross-Examination Of Gram Panchayat Secy By Candidate Who Was Forced To Resign
The Kerala High Court while allowing a plea under the Panchayati Raj Act, enumerated the need for adherence to principles of natural justice in the examination of witnesses in cases of Election matters.These observations came in a plea by the petitioner, who was allegedly forced to resign from a Gram Panchayat seat reserved for scheduled caste candidates, in a deceitful manner, and not allowed...
Can't Deny Employment Merely Citing Diabetes Unless It Is Found That Such Condition Would Impact Capacity To Perform Duties: Kerala High Court
The Kerala High Court has made it clear that a candidate cannot be denied employment merely by stating that he has a disease without finding that it would impact his capacity to perform functional duties or responsibilities.The applicant, an ex-serviceman was denied employment to the post of Ticket Examiner in the Indian Railway since he was unfit by the medical board due to diabetes....
PC Act | Mere Violation Of Appointment Procedure Doesn't Always Imply 'Dishonest Intention' On Part Of Appointee/ Appointing Authority: Kerala HC
The Kerala High Court has laid down that mere procedural violations in appointment of a person to a post cannot always lead to the inference that the appointee and the appointing authority had a dishonest intention in making such appointment.The Single Judge Bench of Justice K. Babu made the observation while dismissing the plea challenging the Special Court's dismissal of the complaint...
Man Moves Kerala High Court Against RTO For Failure To Issue Hard Copy Of Renewed Driving Licence Despite Collecting Print & Dispatch Fee
A plea has been moved before the Kerala High Court by a man seeking a hard copy of his renewed driving licence from the Road Transport Department which statedly collected printing and dispatch fee from him.The petitioner claims he has a valid driving licence which would expire in March 2024. He had thus submitted an application for renewal of his driving licence along with prescribed...
Kerala High Court Grants 7 Days Emergency Parole To Man Convicted For Attempted Murder Of Neighbour, To Attend Father's Last Rites
The Kerala High Court yesterday granted emergency leave for a period of seven days to a convict in order to attend the funeral rites of his father. The petitioner's husband had been convicted for attempting to murder his neighbour and had been undergoing incarceration for two years. It is during this time that the convict's father passed away. Although the convict had been granted the benefit...
FSL Can't Delay Forensic Reports Citing Dearth Of Staff Or Lack Of Infrastructure, High Time To Ensure Emphasis Is Maintained On Right To Speedy Trial: Kerala HC
The Kerala High Court has emphasized the importance of scientific evidence in criminal cases and observed that the Forensic Science Laboratory (FSL) cannot delay scientific reports stating a dearth of staff and lack of infrastructure.The petitioner, a native of West Bengal, with no roots in Kerala, was an accused in a murder case and has approached the Kerala High Court seeking bail due to...
Kerala HC Closes Plea Against 'Antony' After Makers Offer To Blur Alleged Scene With Gun In Bible, Disapproves 'Intolerance To Artistic Expressions'
The Kerala High Court has closed a writ petition opposing a 'fleeting scene' in Malayalam film 'Antony', depicting a gun hidden in a book which the petitioner perceived to be the 'Bible'.Justice Devan Ramachandran however criticised the “intolerance to cultural and artistic expressions" in a civilized nation like ours and said that if any scene in a film is in fact uncharitable, it is for...
Plea Moved By Live-In Partner Before Kerala High Court Seeking Release Of Deceased Partner's Body From Hospital
A plea has been moved before the Kerala High Court by a man seeking release of his live-in partner's dead body from the Aster Medicity hospital.It is alleged that the hospital was not ready to release the body until the petitioner settled the medical bills. Justice Devan Ramachandran inquired whether the family members of the deceased had been involved in this matter. According to the...