Dr Vandana Das Murder Case: Kerala High Court Reserves Order On Plea For CBI Probe

The Kerala High Court today reserved its order on the plea moved by parents of Dr Vandana Das, the 23-year-old house surgeon who was stabbed to death by an injured man brought to the government hospital by Pooyappally police, seeking transfer of probe to the Central Bureau of Investigation (CBI).The young house surgeon was stabbed sixteen times by Sandeep, a school teacher, using dressing...

[Health Department Job Fraud Case] Kerala High Court Dismisses Anticipatory Bail Plea, Says Custodial Interrogation Necessary

The Kerala High Court today dismissed a pre-arrest bail application by the second accused in the health department job fraud case, referring to their criminal antecedents in its order.A single judge bench of Justice CS Dias stated that “particularly taking note of the financial transaction between the victim and the petitioner, the criminal antecedents of the petitioner and the first...

Koodathayi Murder: Kerala High Court Dismisses Accused Jolly's Second Bail Plea, Says Her Release Would Have Deleterious Impact On Society

The Kerala High Court today for the second time dismissed the bail applications filed by Jolly Joseph, the first accused in the infamous Koodathayi murders.Justice C S Dias stated that if the allegations raised against Jolly were true, then she had committed pre-mediated, gruesome, cold-blooded murders without any contrition. It further stated that there were intelligence reports regarding...

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance

The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job.While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was earning well, it is...

'Not All Police Officers Behave Like That': Kerala High Court In Plea Against Police Brutality & False Registration Of FIRs Against Advocates

The Kerala High Court Advocates Association(KHCAA), Advocate Yeshwanth Shenoy (President, KHCAA) and Advocate Anoop V Nair (Secretary, KHCAA) have approached the Kerala High Court aggrieved by police brutality and registration of false FIRs against Advocates on frivolous reasons.The reliefs sought in the plea are for the issuance of guidelines to be followed while registering cases...

'Doubtful That Petitioner Sexually Assaulted Six Girls On The Same Day': Kerala High Court While Granting Bail To Drawing Teacher

The Kerala High Court today allowed a bail petition filed by a drawing teacher accused of assaulting six of his students, stating it is doubtful that the incident took place on the same day. In allowing the petition, Justice Sophy Thomas stated that “it is true that there is a delay of six days in making the complaint by the victim girls. Moreover, the allegation that on the same day,...

You Really Think People Start Smoking By Watching It On Screen? Kerala High Court On Plea To Ban Smoking Scenes In Films, Serials

"Do you really think people start smoking by seeing it on the screen," the Kerala High Court orally remarked today while hearing a plea against display of tobacco smoking scenes in films and tele-serials.Justice Devan Ramachandran said smoking is induced more from peer pressure. "It is when your friends start smoking...Smoking is injurious to health, drinking is injurious to health, you...

'No Private Shareholding': High Court Holds Kerala Industrial & Technical Consultancy Organisation Is 'State' Under Article 12

In a recent decision, the Kerala High Court has held that KITCO (Kerala Industrial & Technical Consultancy Organisation) qualifies as 'State' under Article 12 of the Constitution and therefore, is amenable to writ jurisdiction under Article 226 of the Constitution.A division bench of Justice Anu Sivaraman and Justice C Pratheep Kumar observed that large majority of shares of the company...

'For Benefit Of Students & Parents': Plea In Kerala HC Seeks Banning Of Campus Politics In Wake Of Student Union Clashes In Maharajas College

A Public Interest Litigation has been moved before the Kerala High Court for the prohibition of campus politics in colleges across the state. It seeks direction from the Court that student organizations have no right to carry out political activities or to set up student unions within college premises.The plea has been moved in the wake of the untoward student union clash between the...

No Prohibition On Furnishing Same Surety In Different Bail Cases If Court Is Confident That Presence Of Accused Would Be Secured For Trial: Kerala HC

The Kerala High Court recently stated that the law does not insist that separate sureties have to be produced for different cases to obtain bail.The petitioner who is an accused in as many as 1726 crimes before different police stations in different districts of Kerala has approached the Court since he was unable to produce different sureties for bail. In the facts of the case, the Court...

[S. 69A Kerala Court Fees & Suits Valuation Act] High Court Allows Refund Of Legal Benefit Fee, Says Its Character Was Similar To Already Refunded Court-Fees

The Kerala High Court has allowed the refund of additional fees paid towards the Legal Aid Benefit fund under Section 76 of the Kerala Court Fees and Suits Valuation Act, 1949. It said: Section 69A covers the additional court fee levied under Section 76(1) of the Act. If such refund is to be refused for the purpose of constitution of the fund, then, every other court fee levied also has...

Kerala High Court Weekly Round-Up: January 22 - January 28, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 58 – 71]Rajeswari v Omana Amma, 2024 LiveLaw (Ker) 58Laila Bhagaval Singh v. State of Kerala, 2024 LiveLaw (Ker) 59PP Farooque & anr. v. Deputy Superintendent of Police, 2024 LiveLaw (Ker) 60SJ v State of Kerala, 2024 LiveLaw (Ker) 61E Pradeeep Kumar IFS v State of Kerala, 2024 LiveLaw (Ker) 62Poyil Salim V Thazhe Kandoth Mariyam, 2024...