Kerala High Court
Kerala High Court Holds Employer Liable To Compensate For Driver's Death Due To Accident Caused By His Suffering Heart Attack While Driving
The Kerala High Court by relying upon the Apex Court decision in Param Pal Singh v. National Insurance Co. Ltd and another (2013) held that the death of a driver due to heart attack would amount to an accident arising out of and in the course of his employment as drivers were subjected to long years of stress and strain.Justice PG Ajithkumar by relying upon the Apex Court decision observed...
Kerala HC Suggests To Maintain Database Of Societies Under Travancore-Cochin Literary Societies Registration Act To Avoid Duplicity Of Names
The Kerala High Court has suggested the establishment of a database of societies registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act ('TC Act'), so that the District Registrars can avoid any dispute regarding names and other particulars between registered societies, and those seeking registration under the Act. The Court made the...
Kerala High Court Amends Rules For Designation Of Senior Advocate In Terms Of Latest Supreme Court Directions
The Kerala High Court has introduced new amendments to the High Court of Kerala (Designation of Senior Advocates) Rules, 2018 . The amendments are made for complying with recent directions issued by the Apex Court n Indira Jaising v. Union of India (2023) modifying the norms for senior designation.As per the amendments, an advocate who mainly practices before the High Court may be considered...
Any Claim For Promotion In Former Service To Be Raised At The Time Of Integration Of Service: Kerala High Court
The Kerala High Court has laid down that employees cannot claim promotion in his former service for the purpose of reckoning seniority long after the integration of service. The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen were of the considered view that any claim regarding promotion in the former service ought to be raised at the time of integration...
Kerala High Court Directs Not To Arrest Man Accused Of Misbehaving With Malayalam Actress Over Window Seat In Flight
The Kerala High Court on Saturday issued an interim order barring the arrest of the man who was alleged to have harassed a renowned Malayalam actress onboard an Air India flight in a dispute over occupation of the window seat. Justice Gopinath P. issued the interim direction today. The petitioner, Anto C.R., was alleged to have misbehaved with the actress (the de facto complainant herein)...
Alleged Cheques Issued After Their Resignation: Kerala High Court Stays S 138 NI Act Proceedings Against Resigned Directors Of A Company
The Kerala High Court on Thursday granted a stay on proceedings against two additional directors of a Company who were facing prosecution under Section 138 of the Negotiable Instruments Act for dishonour of cheque. Justice P.V. Kunhikrishnan directed that there will be an interim stay of the proceedings against the petitioners as they have made out a prima facie case. “ After going through...
'Varaharoopam' Copyright Row : Kerala High Court Quashes Criminal Case Against 'Kantara' Makers Based On Settlement Between Parties
The Kerala High Court has quashed the criminal case registered against the producer, direcotr, distributor and music director of the Kannada superhit film "Kantara" under the Copyright Act over the alleged plagiarism of 'Navarasam' song of Thykkudam Bridge band as "Varaharoopam" song in the movie. The High Court quashed FIR registered under Section 63 of the Copyright Act, 1957 in view of...
Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client
The Kerala High Court recently granted anticipatory bail to two lawyers accused of raping and sexually abusing their client on multiple occasions. Justice Gopinath P. passed the order, on taking note of the fact that while the victim/de facto complainant averred that she had been sexually abused from the moment she had first approached the 1st petitioner to entrust her case, the complaint in...
S.26 Juvenile Justice Act Not Made Out: Kerala High Court Quashes Proceedings For Allegedly Employing 14-Yr-Old In Railway Construction Work
The Kerala High Court quashed the criminal proceedings against a petitioner for allegedly employing a 14-year-old child for construction work of a railway platform at Ettumanoor Railway Station.Justice K. Babu observed that an offence under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 can be made out only when the prosecution has proved that the juvenile...
Mentally Dejected Motor Accident Victim Dies Of Suicide; Kerala High Court Upholds Award Granting Compensation To Children
The Kerala High Court recently upheld a Motor Accident Claims Tribunal award, granting compensation of Rs.3,18,700 and interest to the children of the deceased mother who died by suicide following a motor accident.Justice Mary Joseph observed that the deceased suffered head injuries from the accident and was undergoing disappointment and mental dejection since she felt she would not recover...
S.256 CrPC | Power To Acquit Accused Can't Be Invoked By Executive, Sub-Divisional Or District Magistrate U/S 133: Kerala High Court
The Kerala High Court has recently held that the Executive Magistrate, Sub-Divisional Magistrate or District Magistrate cannot acquit an accused under Section 256 CrPC while invoking powers under Section 133 to 138 of CrPC by issuing conditional orders for the prevention of nuisance.Justice P.V. Kunhikrishnan also clarified that the Section 133 proceeding empowered the District, Sub-divisional...
No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal
The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit. Justice A. Badharudeen, refused the condonation of delay on taking note that no sufficient reasons had been adduced warranting the same. "It is true that 'sufficient cause' is the decisive factor while condoning the delay. Though...