Kerala High Court
'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Juvenile Justice (Care and Protection of Children) Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was...
Service Tax | 'Subka Vishwas' (LDR) Scheme: Kerala HC Declines To Invoke Writ Jurisdiction For Party's Default, Says Scheme Is Complete Code
The Kerala High Court has made it clear that the writ jurisdiction of the Court cannot be invoked under Article 226 of the Constitution by the petitioner, citing his inability to comply with the provisions of 'SUBKA VISHWAS' [Legacy Dispute Resolution] Scheme Rules which is a complete code in itself.Dismissing the plea, Justice Dinesh Kumar Singh stated that the scheme was a complete code...
Kerala HC Upholds Father's Conviction For Rape Of Minor Daughter, Says Incident Not Implausible Merely Because Family Shares A Small Hut
The Kerala High Court has dismissed an appeal filed by the father who was convicted by the Sessions Court for offences of sexually assaulting and raping his minor daughter.The Division Bench comprising Justice PB Suresh Kumar and Justice Johnson John upheld the conviction stating that “merely for the reason that the family of the victim consisting of several members was residing in a...
Kerala High Court Passes Interim Order Permitting Fire Works At Ernakulam Shiva Temple, Issues Directions
The Kerala High Court has directed the District Collector to issue directions for granting permission for conducting fireworks at the Ernakulam Shiva Temple in connection with Valiya Vilakku and Arattu on January 22 and 24, 2024 by relying upon an earlier order issued by the Division Bench.The Division Bench, last year, had observed that firecrackers could be burst between 6AM to 10 PM and...
Kerala High Court Directs Interim Stay On Eviction Proceedings Against 63-Year-Old Widow Alleged To Have Encroached On Puramboke Land
The Kerala High Court has passed an interim order directing a stay of eviction proceedings for two months against a 63-year old widow.The matter was heard by Justice Viju Abraham.The petitioner is a senior citizen and a widow residing in Kulathummal Village along with her daughter (petitioner 2). The petitioners submitted that they had been in constant possession of the property for more than...
Kerala High Court Digest 2023: Human Rights
'Children Helping Parents In Selling Articles Not Child Labour' : Kerala High Court Orders Release Of Children From Shelter HomeCase Title: Pappu Bawariya and Anr. v. District Collector Civil Station and Ors.Citation: 2023 LiveLaw(Ker) 10The Kerala High Court ordered the release of two children from Delhi who were sent to a shelter home alleging that they were being forced into child labour...
O.18 R.16 CPC | When Proof Of Will Has To Be Given, Court Must Take Separate & Lenient Consideration To Immediately Examine Witness
The Kerala High Court has stated that when proof of will has to be given, the Court has to take a separate and lenient consideration in examining a witness immediately by invoking the jurisdiction under Order 18 Rule 16 of CPC.Order 18 Rule 16 provides the power to examine the witness immediately.“….this Court is of the opinion that the petition under Order XVIII, Rule 16 C.P.C, in...
Allegations Heavy Blow To Culture & Literacy Boasted By 'God's Own Country': Kerala HC Denies Bail To Laila Bhagawal Singh In Human Sacrifice Case
The Kerala High Court has today dismissed the bail application moved by Laila Bhagawal Singh, one of the accused in the Human Sacrifice Case. The case pertains to the abduction, murder, and burial of two women lottery vendors as part of a ritualistic sacrifice by the three accused persons, namely, Muhammed Shafi alias Rasheed, Bhagaval Singh and his wife Laila. Justice Sophy Thomas...
Kerala High Court Weekly Round-Up: January 15 – January 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 49-58]Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw (Ker) 42Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw (Ker) 43XXX & Ors. v. State of Kerala & Connected case, 2024 LiveLaw (Ker) 44Lekshmi M V Sudhamony Amma, 2024 LiveLaw (Ker) 45Anwer Hussain T v. Union Territory of Lakshadweep, 2024 LiveLaw...
Action Merely Contrary To Departmental Norms Not 'Criminal Misconduct' Under PC Act, 'Dishonest Intention' Must: Kerala High Court
The Kerala High Court has held that 'dishonest intention' is the crux for constituting an offence under Section 13 (1)(d) of the Prevention of Corruption Act for proving criminal misconduct by public servants.“Dishonest intention is sine qua non to attract the offence punishable under Section 13(1)(d) of the Act. Mere conduct and action of the accused contrary to rules and departmental...
'Stigmatic': Plea In Kerala High Court Seeks Removal Of "Fictitious" Rape Scenes From Dileep Starrer Inspired By 'Thankamani' Incident
A resident of the Thankamani village in Idukki district has moved the Kerala High Court seeking removal of alleged fictitious scenes from upcoming Malayalam film 'Thankamani'.The Dileep-starrer is based on a real-life incident that occurred in Thankamany in October 1986.The plea challenges "incorrect and derogatory portrayal" of the incident, stating that the teaser hints at incidents of men...
Kerala High Court Permits Murder Convict To Join LLB Course Despite Objection By College
The Kerala High Court has permitted a murder convict to pursue a three-year LLB Course in online mode, despite objections from the college where he has secured a seat. It stated that education would enable the convict to reform and rehabilitate back into society.Justice Bechu Kurian Thomas observed that the stance taken by the college in opposing the admission of a convict to pursue his...