Kerala High Court
Healthcare Personnel Need Protection To Fearlessly Discharge Functions: Kerala HC Refuses Pre-Arrest Bail To Man Booked For Assaulting Doctor, Nurses
The Kerala High Court on Monday dismissed the bail application filed by a 37-year-old man accused of assaulting a female doctor and staff nurses who examined and treated him at the hospital.A crime was registered against him under Sections 341 (punishment for wrongful restraint), 323 (punishment for voluntarily causing hurt), 506 (punishment for criminal intimidation) IPC and Section 4 of...
Kerala High Court Digest 2023: Labour & Service Laws
Pension Schemes Under KTWWF Act & Kerala Dairy Farmers' Welfare Fund Act Do Not Prohibit Membership Of Two Different Welfare Funds: Kerala High CourtCase Title: Sadanandan K.S. & Ors. v. Kerala Toddy Workers Welfare Fund Board & Ors.Citation: 2023 LiveLaw (Ker) 7The Kerala High Court held that availing of pension from the Scheme under Kerala Dairy Farmers' Welfare Fund Act, 2007...
Arbitration Act | Section 9 Order By Subordinate Judge Acting As Commercial Court Appealable Before Commercial Appellate Court, Not HC: Kerala HC
The Kerala High Court recently held that an order passed by a Subordinate Judge's Court acting as a Commercial Court under a Government notification, would be appealable only before the concerned Commercial Appellate Court as per Section 13 of the Commercial Courts Act, and not before the High Court, as per the Arbitration & Conciliation Act, 1996 ('Act, 1996). The Court in this case...
Kollam Doctor Murder: Accused Sandeep Impleaded As Respondent In Plea Seeking Transfer Of Probe To CBI
The Kerala High Court today allowed the impleading application filed by Sandeep, the accused in the brutal murder of the 23-year-old house surgeon Dr. Vandana Das, in a plea seeking transfer of probe to the Central Bureau of Investigation (CBI).Justice Sophy Thomas passed the order stating,“Crl MA 1/2023 is the petition filed by accused….to get impleaded as 5th respondent in the writ...
High Degree Of Evidence Required To Challenge Genuineness Of Will On Grounds Of Fraud, Undue Influence And Coercion: Kerala High Court
The Kerala High Court last week categorically laid down that allegations of fraud, undue influence and coercion cannot be made in a 'sweeping manner' merely on the ground of suspicion or conjecture, to dispute the genuineness of a Will. It thus underscored that suspicion regarding an individual factor could not act as a circumstance to doubt the genuineness of a Will. The Single Judge Bench...
Kerala Resident Moves High Court Against Ombudsman For Local Self-Govt Institutions, Invokes Legal Maxim 'Boni Judicis Est Ampliare Jurisdictionem'
A plea has been moved before the Kerala High Court against alleged inaction of the Ombudsman for the Local Self Government Institutions (LSGI) in discharging his legal and statutory duties for the prevention and demolition of illegal constructions.Relying upon the legal maxim, 'Boni Judicis Est Ampliare Jurisdictionem' the plea has been filed seeking a direction to the Ombudsman and the...
'Abusive Vocatives' Against Advocate By Police: High Court Directs Appearance Of Kerala Police Chief To Ensure 'Civilized Police Behaviour'
The Kerala High Court today issued an order directing the State Police Chief to appear before it online on January 18, 2024, at 1.45 PM to address the 'uncivilized behaviour' exhibited by police officers towards citizens.The order has been passed in connection with a recent incident in Alathur Police Station in Palakkad district where a police officer used abusive vocatives against an...
Shawarma Death Case: Kerala High Court Asks Food Safety Commissioner To Apprise Steps Taken To Ensure Safety Of Food Articles
The Kerala High Court today asked the Food Safety Commissioner Afsana Parveen to appear before it on a date of her convenience and explain the steps taken by the authorities to ensure that the food articles being sold in the market are safe for consumption.“….The food safety authority is still very vigilant with respect to the sale of food article in question….many steps have already...
Leopard Gives Birth In Human Habitat, Kerala HC Reminds Forest Officials To Follow SOP On Stray Wild Animals
The Kerala High Court on Friday made it clear that forest officials have to follow the Standard Operating Procedure (SOP) issued by the National Tiger Conservation Authority (NTCA) and the provisions of the Wildlife (Protection) Act, 1972 while handling wild animals straying in human habitats.The SOP provides the suggested field actions to be followed by forest officials in dealing with...
Kerala High Court Grants Anticipatory Bail To Actor-Politician Suresh Gopi In Case Over Alleged Misbehaviour With Female Reporter
The Kerala High Court today allowed the anticipatory bail application moved by actor and politician Suresh Gopi, in connection with a case for alleged misbehaviour with a female reporter in front of the public and media. A crime was registered against him under Section 354 IPC (assault or criminal force with intent to outrage the modesty of women) and Section 119 (punishment for...
CMDRF Misappropriation Case: Kerala High Court Issues 'Letter' To Chief Minister, Notice To Former Ministers
The Kerala High Court has admitted a plea challenging the order of Lok Ayukta and Upa Lok Ayuktas rejecting a complaint filed against Chief Minister Pinarayi Vijayan and certain former Ministers, alleging misuse of funds in the Chief Minister Disaster Relief Fund (CMDRF)."We will admit it and consider everything," said the Division Bench comprising Chief Justice A J Desai and Justice V G...
Kerala High Court Weekly Round-Up: January 1 - January 7, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 1-20]Union of India & Ors. v. P.K. Santhosh Kumar, 2024 LiveLaw (Ker) 1P C Najeeb v State of Kerala, 2024 LiveLaw (Ker) 2George Mathew v. State of Kerala, 2024 LiveLaw Ker (3)XXX v State of Kerala, 2024 LiveLaw (Ker) 4Ranjith Kumar K.V. & Ors. v. State of Kerala & Ors., 2024 LiveLaw (Ker) 5X v Y, 2024 LiveLaw (Ker) 6Thazheveettil...