Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Nominal Index Citations [2023 LiveLaw (Ker) 256-511] Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw (Ker) 256K. Rajendra Prasad V State Of Kerala, 2023 LiveLaw (Ker) 257Satheesh Kumar R V Kerala State Sports Council & Another, 2023 LiveLaw (Ker) 258Yeshwanth Shenoy V The Chief Justice High Court of Kerala & Others, 2023 LiveLaw...

POCSO Case Initiated Because Engagement Was Called Off: Kerala High Court Quashes Case Upon Noting Subsequent Reconciliation & Marriage Of Parties

The Kerala High Court recently quashed proceedings under the Protection of Children from Sexual Offences Act (POCSO Act) and the Indian Penal Code (IPC) against a man alleged to have sexually abused the victim. Justice Gopinath P. noted that the allegations against the petitioner accused had been launched following his withdrawal from marriage with the victim, after the engagement ceremony...

Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HC

The Kerala High Court has made it clear that medical termination of pregnancy can only be sought when the competent medical board has diagnosed substantial foetal abnormalities.“Statutorily, under the mandate of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 ('Act' for short), it is only in cases where the foetus has substantial abnormalities diagnosed by the...

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]

Nominal Index Citations [2023 LiveLaw (Ker) 1-255] XXXX v. Union Of India and Connected Cases 2023 LiveLaw (Ker) 1Sali M.N. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 2T. A. Abdul Sathar v. The State of Kerala and Ors. 2023 LiveLaw(Ker) 3Lt. Col. E.V. Krishnan & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 4Laila Bhagaval Singh v. State of...

[Disaster Management Act 2005] District Authority Can't Expand 'Landslide Prone Area' Definition Sans State Authority's Approval: Kerala HC

The Kerala High Court has made it clear that the District Disaster Management Authority (DDMA) cannot expand the term 'landslide prone area' without approval from the State Disaster Management Authority (SDMA). Relying upon Section 31 (2) of the Disaster Management Act, 2005, the Court held that the District Plan prepared by DDMA has to be approved by the State Authority. In this case,...

Kerala High Court Issues Directions For Ensuring Equal Opportunities For PwD Candidates In Higher Judicial Services Appointments

The Kerala High Court has made it clear that a fine balance has to be found between the requirements of administration and the imperative to provide greater opportunities to PwD Candidates. The petitioner, in this case, challenged the 2023 notification for appointment as District & Sessions Judge in Kerala State Higher Judicial Service (KSHJS) by direct recruitment from bar...

Intent Behind Organ Donation Cannot Be Doubted Merely Due To Donor's Poor Financial Background, Affects Individual Dignity: Kerala High Court

The Kerala High Court recently berated the Deputy Superintendent of Police (Dy.SP), Thrissur Rural, for refusing to issue a Letter of Altruism to a maid to enable her to donate her organ to her previous employer who is suffering from renal failure. Justice Devan Ramachandran observed that the said authority had refused to grant the Letter, on acting upon certain surmises and conjectures...

Kerala High Court Weekly Round-Up: December 18 - December 24, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 738- 759] Badha Ram v. Intelligence Officer 2023 LiveLaw (Ker) 738Ramachandran Potty & Anr. v. Travancore Devaswom Board & Ors. 2023 LiveLaw (Ker) 739XXX v. Union of India & Ors. and connected matters 2023 LiveLaw (Ker) 740X v. Union of India 2023 LiveLaw (Ker) 741Kitex Garments Private Limited Company v. Umaimath 2023 LiveLaw...

Policy Decision Should Be Left To Govt In National Security Matters: Kerala HC Dismisses Plea Challenging 'Agnipath' Scheme

The Kerala High Court on Friday dismissed a petition filed by 28 aspirants for enlistment in the Indian army challenging the Central Government's Agnipath scheme.Justice N Nagaresh dismissed the writ petition and held that the petitioners have not advanced any tangible reason warranting interference by this Court in the Agnipath Scheme.The Court observed that the method of recruitment to...

Kerala Town & Country Planning Act| High Court Stresses Adherence To District Town Planning Schemes, Master Plans For Future Development

The Kerala High Court recently upheld orders issued by the Kozhikode Municipal Corporation rejecting commercial building permits for areas earmarked as residential zones as per the Detailed Town Planning (DTP) Scheme, 1987.Justice Bechu Kurian Thomas observed that rampant constructions without heeding to zoning regulations will affect the planned development of a town. The Court stated that...

Anti-Suit Injunction Maintainable Only Against Properties Held In India, Would Not Apply To Canadian Properties: Kerala High Court

The Kerala High Court recently held that an anti-suit injunction by a wife against her husband who had instituted a suit in a Canadian court, would only be maintainable with respect to properties held in India.A Division Bench comprising Justice Amit Rawal and Justice C.S. Sudha observed:"Canadian court would not have jurisdiction with regard to the property/properties located in Kerala....

Kerala High Court Suggests 78-Year-Old To Approach DLSA For Financial Assistance Due To State's Inability To Disburse Pension Arrears

The Kerala High Court on Friday granted liberty to the 78-year-old Mariyakutty who is waging a legal battle for disbursal of five months of her widow pension arrears, to approach the District Legal Services Authority or other such authorities, in case she required any urgent financial assistance. Mariyakutty had approached the Court stating that she was a beneficiary under the Indira...