Munsiff-Magistrate Trainee Can't Be Appointed As District Judge By Direct Recruitment From Bar: Kerala High Court

Relying on the Supreme Court's landmark decision in Dheeraj Mor v. High Court of Delhi (2020), the Kerala High Court has held that a Munsiff Magistrate Trainee cannot be appointed as a District Judge by direct recruitment in the quota set apart for lawyers.It has clarified that only a practising advocate who was continuing practise even as on the date of appointment is eligible to be appointed...

Can't Invoke Article 226 Jurisdiction For Removal Of Dangerous Trees, Approach SDM U/S 133 CrPC: Kerala High Court

The Kerala High Court recently held that the remedy in case of a tree standing dangerously on any property would be before the Sub Divisional Magistrate under Section 133 of the Code of Criminal Procedure, 1973.Justice Bechu Kurian Thomas explained that the writ jurisdiction under Article 226 of the Constitution could not be invoked for the said purpose. “The jurisdiction under Article 226...

[S.447 IPC] Intention To Commit Any Offence/ Intimidate, Insult Or Annoy Possessor Necessary To Establish Criminal Trespass: Kerala High Court

The Kerala High Court has made it clear that to establish an offence of criminal trespass under IPC, the prosecution must prove beyond doubt that the accused persons entered into the property to commit criminal trespass with an intention to commit any offence or to cause intimidation, insult or annoyance.Justice C.S. Dias thus acquitted two persons who were convicted for the commission of...

No Wrongful Gain Or Loss: Kerala High Court Quashes Proceedings Against Wife For 'Fraudulently' Registering Vehicle In Dead Husband's Name

The Kerala High Court on Monday laid down that in order to satisfy the definition of 'fraudulently' it would be sufficient to if there was a non-economic advantage to the deceiver or a non-economic loss to the deceived, and that both elements need not co-exist. The Single Judge Bench of Justice K. Babu clarified that the expression 'defraud' involves two elements, namely, deceit...

'Filmmakers' Rights Can't Be Sacrificed' : Kerala High Court Expresses Concern At Lack Of Regulations For Online Film Reviews

The Kerala High Court on Tuesday took stern view of film reviewers who were not registered under any organization, nor accredited, and also had no guidelines to follow while publishing their content on the online platform. The Court was seized with the plea filed by the director of 'Aromalinte Adyathe Pranayam', seeking a gag order to ensure that social media influencers and film...

There Cannot Be Unilateral Decision From Court While Scheduling Trial, Convenience Of Lawyer Should Also Be Considered: Kerala High Court

“There cannot be a unilateral decision from the Court alone while scheduling trial”, the Kerala High Court said adding that the convenience of the lawyer should also be taken into consideration by the Court while fixing a date for the trial.Justice P.V. Kunhikrishnan observed that when lawyers make genuine submissions for rescheduling the trial to another date, the Court should...

'Prisoner Has As Much Right To Study As Person Outside Confines Of Jail': Kerala High Court Permits Two Life Convicts To Attend Online LLB Classes

The Kerala High Court has called for the integration of technology in the criminal justice dispensation system in order to permit two life convicts to attend LL.B. classes in the online mode for the academic year 2023-24. The Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Dr. Justice Kauser Edappagath, emphasized upon the importance of education in reforming...

Kerala High Court Sets Aside Order To Raid Religious Places For Seizing Firecrackers But Upholds Restriction On Bursting Them At Odd Hours

The Kerala High Court on Tuesday partially quashed the Order of the Single Judge calling for the conduct of raids in all religious places by District Collectors, and taking into possession firecrackers alleged to be illegally stored therein, with the assistance of the Commissioners of Police. The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun, however added that the...

Defection A Menace To Democracy, Stringent Financial Penalties Needed Against Defectors : Kerala High Court

The Kerala High Court held that defection is a menace to the Indian representative democracy and that the existing laws were ineffective in curbing defection effectively. Justice Bechu Kurian Thomas noted that despite anti-defection laws, many persons commit acts of defection. Taking into account the nature of orders that can be issued against defectors under the existing laws, Justice...

Kerala High Court Flays Chief Secretary For Failure To Appear Online In Contempt Case, Says 'Other Engagements' Prioritised Over People's Plight

The Chief Secretary of the State V. Venu, drew the flak of the Kerala High Court on Monday for his failure to appear before the Court online in two contempt of court cases. Justice Devan Ramachandran expressed the Court's strong criticism on the authority's failure to appear before it. "Any person would have empathy for the condition of the petitioner and similarly situated persons; but...

Kerala High Court Asks Govt Regarding Scheme For Affordable Alternates To Breast Cancer Medicine

The Kerala High Court recently directed the Government to report whether there were alternative methods available to make medicines available for treatment of breast cancer in India for patients who could not afford expensive drugs.Justice Devan Ramachandran directed the Government to apprise the Court regarding alternative methods for making medicines affordable to patients for treatment...

[Kerala Building Tax Act 1975] Remaining Area Used For Ancillary Purposes Of Factory Also Exempted From Payment Of Building Tax: High Court

The Kerala High Court recently considered whether some ‘area’ used in relation to a factory can be given exemption from payment of the building tax under Section 3(1)(b) of the Kerala Building Tax Act 1975. Section 3 (1)(b) provides that buildings principally used for religious, charitable or educational purposes or as factory or workshop can be exempted from building tax.Justice Dinesh...