Kerala High Court Weekly Round-Up: November 6 – November 12, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 629-648]Roli Pathak v Union of India 2023 LiveLaw (Ker) 629Shibu J v State of Kerala 2023 LiveLaw (Ker) 630Mathrubhumi Printing & Publishing Co. Ltd v State of Kerala 2023 LiveLaw (Ker) 631XXX & Anr. v. Union of India & Ors. 2023 LiveLaw (Ker) 632Shoma G. Madan & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 633Deepak K. v...

Airfares Are Not Regulated By The Government: Centre Tells Kerala High Court

The Central Government has submitted a statement before the Kerala High Court stating that airfares are not regulated by the Government.Justice Devan Ramachandran was considering the plea moved by the Managing Director of Safari Group Of Companies challenging the exorbitant airfares to Gulf Countries. In pursuance to the earlier directions of the Court, K. K Sethukumar, Central Government...

S.28 POCSO Act | Offences Under SC/ST Act Can Be Tried By POCSO Court If Part Of Same Transaction: Kerala High Court

The Kerala High Court has permitted a POCSO Court to try the offences under SC/ST Act relating to abuse and assault of the minor victim's father stating that the two offences were closely connected as the incident occurred within half hour of the offence under POCSO Act.Justice Gopinath P. relied on MS.P xxx Vs. State of Uttarakhand & Anr. (2022 LiveLaw (SC) 554) which explained when two...

Lack Of Necessary Parties, Specific Averments In Writ Petition Can't Be Cured By Filing Impleadment Application: Kerala High Court

The Kerala High Court today dismissed a writ petition on the finding that specific averments should be made against the parties while filing the writ petition itself and they need not be arrayed as parties later by filing an impleading application.The Division Bench comprising Justice Anil K. Narendran and Justice G. Girish added that the writ petition lacked specific averments in tune with...

Kerala High Court Quashes Corruption Case Against Range Officer Accused Of Taking Bribe After Prosecution Fails To Establish Voice Samples

The Kerala High Court has quashed the proceedings under Prevention of Corruption Act initiated against a Range Officer at Social Forestry Range accused of taking bribe, citing prosecution's failure to establish his voice sample to prove the telephonic conversation she allegedly had with the complainant.Justice K. Babu noted that the analysis by the Forensic Science Laboratory (FSL) had found...

[Disaster Management] Kerala High Court Calls Upon Infra Developers To Begin Risk Management From Planning Stage

The Kerala High Court on Wednesday directed the Chief Secretary of the State to issue necessary instructions and circulars to all entities involved in infrastructure development to comply with the recommendations made by State's Disaster Management Authority (KSDMA). One of the recommendations calls upon all Engineering Departments and local Governments in the State to consider risks...

Kerala High Court Acquits NDPS Accused Citing Prosecution's Failure To Produce His Alleged Written Consent For Search In Absence Of Magistrate

The Kerala High Court recently acquitted an accused under the NDPS Act citing prosecution's failure to produce alleged written communication made to him regarding his right to be searched before Magistrate under Section 50 of the Act and his alleged written consent waiving such right.Justice N. Nagaresh held that failure on the part of the prosecution to produce communication or consent...

Sabarimala Temple : Kerala High Court Dismisses Plea Challenging Melsanthi (Chief Priest) Selection

The Kerala High Court yesterday dismissed a writ petition filed challenging the selection of the Melsanthi (Chief Priest) of Sabarimala Temple for the year 2023-24 alleging foul play.The Division bench comprising Justice Anil K. Narendran and Justice G. Girish viewed video clippings of the selection process shown by Asianet News as well as CCTV footage from the camera installed in the...

Reservation Under Central Educational Institutions (Reservation And Admission) Act Applies To IIMs: Kerala High Court

The Kerala High Court recently held that Indian Institute of Management (IIM), Kozhikode would have to follow the reservation policy stipulated under the Central Educational Institutions (Reservation and Admission) Act, 2006 ('Act, 2006'), for admission to Ph.D. Practice Track Course. The Court noted that the proviso to Section 8 of the Indian Institute of Management Act, 2017, says that...

Kerala High Court Orders Release Of Woman Detained Under Preventive Detention Law To Take Care Of Her Daughter In Advanced Pregnancy Stage

The Kerala High Court has ordered release of a woman detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereafter, KAAPA Act), considering that her daughter is at an advanced stage of her pregnancy.The Division bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen said normally courts do not interfere in detention orders, but it is not devoid of...

Abkari Act | Tamper-Proof Despatch Of Sample Must; Lack Of Specimen Seal, Not Examining Persons Handling Samples Fatal: Kerala High Court

The Kerala High Court on Tuesday laid down that the absence of specimen seal in the mahazar and forwarding note, non-mentioning of the name of the Excise Guard in the forwarding note, non-examination of the clerk who despatched the sample or the Excise Guard who took the sample to the lab, and so on are serious laches which would be fatal to the prosecution in a case under the Abkari...

'State Can't Be In Celebration When Citizens Are In Distress', Kerala High Court Says After Govt Cites Financial Crisis To Bear KSRTC Pension

The Kerala High Court today reminded the authorities who appeared before it, Chief Secretary of the State, V. Venu and Secretary- Transport Department, Biju Prabhakar that the state has a duty to take care of citizens who are in distress. Justice Devan Ramachandran said that celebrations were not important when the citizens of the state were in distress. The judge was implicitly alluding to...