Kerala High Court Issues Show Cause To SC/ST Dept Secretary Who Passed Govt Order Contrary To Court Directions, Directs Personal Appearance

The Kerala High Court has issued a show cause notice to Dr A Jayathilak IAS, Additional Chief Secretary to Government who is also the Secretary to SC/ST Department as to why suo moto contempt of court proceedings should not be initiated against him for passing a government order contrary to the directions of the Court.Justice Gopinath P directed Dr Jayathilak to withdraw the government order...

50 Important Judgments Of Kerala High Court In 2023

1. Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High CourtCase Title: XXXX v. Union Of India and Connected CasesCitation: 2023 LiveLaw (Ker) 1The Kerala High Court observed that the imposition of age restriction under the Assisted Reproductive Technology (Regulations) Act, 2021 without a...

All India Tourist Permit Is A Contract Carriage Permit: Centre Tells Kerala High Court

The Union Government told the Kerala High Court that the permit issued under the All India Tourist Vehicles (Permit) Rules 2023 is a contract carriage permit. It was submitted that for the promotion of tourism, the Central Government shall issue tourist buses such permits for operating in the whole of India.“In exercise of above powers the Central Government has formulated the rules called...

Restriction On Deputing Judicial Officers To Administrative Posts In Public Interest, Prevents Case Backlog: Registrar To Kerala High Court

Responding to the plea moved by Kerala Administrative Tribunal (KAT) Advocates' Association seeking appointment of judicial officers as Registrar in the Tribunal, the Registrar General of Kerala High Court and the Registrar (District Judiciary) said the decision to restrict deputation of judicial officers in administrative posts was taken by a Full Bench of the High Court in public...

Kerala High Court Calls For Formulation Of Schemes For Psychiatric Treatment Of POCSO Offenders, Sex Therapy For Victims

The Kerala High Court has issued a slew of directions to the State authorities regarding the handling of minor victims of sexual abuse, the provision of treatment including psycho therapy for prisoners accused of committing offences under the POCSO Act, and sex therapy for the victims/survivors of sexual assault. The Single Judge Bench of Justice Gopinath P. issued the directions taking note...

CMDRF Misappropriation Case: Plea Before Kerala HC Challenges Lok Ayukta & Upa Lok Ayukta's Rejection Of Complaints Alleging Misuse Of Funds

A plea has been moved before the Kerala High Court by petitioner, R.S. Sasikumar challenging the decisions taken by the Lok Ayukta and Upa Lok Ayuktas in rejecting his complaint against the Chief Minister and other Ministers alleging misuse of the funds in the Chief Minister Disaster Relief Fund (CMDRF).Initially, in 2018 a complaint was filed by Sasikumar alleging abuse of power by the...

[Section 498A IPC] Minor Quarrels Between Spouses Due To Difference Of Opinion Does Not Establish Offence Of Cruelty: Kerala High Court

The Kerala High Court yesterday ordered the acquittal of a husband who was accused of causing the suicidal death of his wife since the prosecution was unable to prove that suicide was committed due to cruelty or harassment. The Court acquitted the husband by giving him the benefit of reasonable doubt and made a significant observation that every type of harassment or cruelty would not...

Kerala Woman Allegedly Detained By Police For Wearing Black Attire To Nava Kerala Yatra Moves High Court

A plea has been filed by a woman and her 71-year-old mother-in-law before the Kerala High Court seeking compensation from the State government for alleged illegal detention by the Police for wearing a black churidar during the Nava Kerala Yatra in Kollam district on December 18, 2023.The woman alleged that she was taken into police custody and was detained for more than 7 hours since she...

[Minor Mineral Rules] Traditional Pottery Artisans Don't Need NOC For Extracting Ordinary Clay Upto 50 Tonnes In A Year: Kerala High Court

The Kerala High Court has recently made it clear that traditional artisans doing clay and pottery works cannot be insisted upon to produce a No Objection Certificate (NOC) from the Revenue Divisional Officer (RDO) for extraction of ordinary clay up to 50 tonnes in a calendar year.On perusing Rule 106 (5) of the Kerala Minor Mineral Concession Rules 2015, Justice Murali Purushothaman observed...

Kerala High Court Grants More Time To Ex-Govt Pleader To Surrender In Sexual Assault Case

The Kerala High Court on Thursday extended the time granted to former Senior Government Pleader P.G. Manu to surrender in an alleged sexual assault case involving a female client.A single judge bench of Justice Gopinath P granted him 10 more days to surrender to the Police.Manu had resigned from his post as Senior Government Pleader following allegations of raping the woman victim who...

Essential For Muslim Father To Attend Daughter's Wedding: Kerala High Court Grants 4 Days Emergency Leave To Murder Convict

The Kerala High Court yesterday granted emergency leave to a murder convict for attending his daughter's wedding. It also stated that the parties being Muslim, it was essential for the father to attend the daughter's wedding.While granting emergency leave, Justice Bechu Kurian Thomas observed that on earlier occasions, when the petitioner's father was given emergency leave or ordinary leave,...

Person Who Did Not Affix Signature To Compromise But Subsequently Acts In Terms Of Same Is Bound By Compromise Decree: Kerala High Court

The Kerala High Court on Wednesday laid down that a person who did not sign a compromise which led to passing of a compromise decree, but subsequently acted upon the same, could not thereafter avoid the decree merely on the ground that he/she had not put his/her signature on it. "In law, nobody is allowed to approbate and reprobate. To put it differently, a person, who enjoys the benefit of...