Kerala High Court Grants Bail To Man Booked Under Explosives Act For Attacking Woman Who Rejected Marriage Proposal, Cites Prolonged Incarceration

Citing prolonged incarceration of over a year, the Kerala High Court has granted bail to a man who allegedly attacked a woman for rejecting his marriage proposal by using a chopper and explosives, leading to loss of her four fingers.Justice Bechu Kurian Thomas granted bail to the accused who has been in jail since June 28, 2022 and observed that further detention would amount to...

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act ('Appeal to Appellate Tribunal').It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K....

Kerala Court Denies Anticipatory Bail To Man Accused Of Misbehaving With Malayalam Actress Over Window Seat In Flight

A Kerala Court recently rejected the plea for anticipatory bail moved by the man accused of harassing a renowned Malayalam actress onboard an Air India flight in a dispute over occupation of the window seat. The Sessions Judge Honey M. Varghese observed that, "...if bail is granted, in the light of alarming number of offences and atrocities against the women and children, that will give...

Kerala High Court Allows CISF Personnel To Rejoin Duty After Reporting Late Due To Covid-19 Home Quarantine

The Kerala High Court recently permitted a CISF personnel who could not report for duty to rejoin duty at ASG Ranchi within ten days since he was in home quarantine after his parents tested positive for COVID-19.Justice Raja Vijayaraghavan V observed that the respondents had not applied their minds while rejecting the application of the petitioner and that he was in an unusual situation...

Review Bombing| Kerala High Court Calls For 'Close Watch' Of Online Platforms Against Anonymous & Malicious Film Reviews

The Kerala High Court on Wednesday called for a 'close watch' on online platforms to ensure that that anonymous and mala fide reviews of films are not allowed to circulate on such platforms. Justice Devan Ramachandran directed the concerned authorities to take necessary action under the Information Technology Act ('IT Act'), and implement the same scrupulously, against any such...

[OBC Advocate Grant Scheme] We Need The Best Of Lawyers And Judges From OBC Category Also: Kerala High Court

Kerala High Court on Wednesday remarked that the state has the duty to support junior lawyers belonging to OBC category.High Court was hearing a plea moved against non-issuance of notification to claim annual grant of twelve thousand rupees to the junior advocates belonging to the OBC category under the OBC Advocate Grant Scheme for purchasing law books, gown and uniform. Justice...

Lawyer’s Plea Alleging Police Harassment : Kerala High Court Passes Interim Order Restraining Police

The Kerala High Court issued notice on a petition filed by a lawyer alleging manhandling by police officers earlier this month. Justice N. Nagaresh passed an interim order directing the respondent police officials not to harass the petitioner pending disposal of his plea. The petitioner, who is also an acute heart patient who had undergone Angioplasty, alleged that himself and his wife...

Three Judicial Officers Take Oath As Additional Judges Of The Kerala High Court

Three judicial officers swore in as Additional Judges of the Kerala High Court today. Justices Johnson John, Gopinathan U Girish, and C. Pratheepkumar took oath as Additional Judges of the High Court during the swearing-in ceremony conducted at 10:15 A.M. today. The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud, had recommended the names of five Judicial Officers...

RBI To Determine Bank's Knowledge Of Borrower's Account Balances, Application Of 'Right Of Recompense': Kerala High Court

The Kerala High Court recently held that the determination of whether the bank had knowledge of the amount remaining in the borrower's account at the time of granting the One Time Settlement, and whether the bank could therefore exercise the 'Right of Recompense,' is a matter to be decided by the bank itself.‘Right of Recompense’ is a tool used by banks and financial institutions to...

Central Civil Rules | Unauthorised Absence From Work Considered 'Non-Duty' For All Purposes Except Pension, Including Seniority: Kerala High Court

The Kerala High Court recently observed that the unauthorized absence of an employee will be counted as non-duty for all purposes, except for the purposes of pension. Justice Anu Sivaraman added that the treatment of unauthorised absence as "non-duty for all purposes except pension" has a clear implication: it cannot be counted for seniority.“Ext.P3 order was passed on 08.02.2016 and it...

'Wrong Done' U/S 19 CPC Includes Both Act & Its Effects: Kerala HC Says Local Court Authorised To Grant Relief To Mother Of Maid Who Died In Delhi

The Kerala High Court recently held that a Sub Court in Kerala has the territorial jurisdiction to try a suit for compensating for a wrong committed in Delhi, since as per the broader interpretation of "wrong done" under Section 19 of CPC, the effects of the wrong justified establishing jurisdiction in Kerala, where the plaintiff resided. Justice Basant Balaji observed that though the death...

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court

The Kerala High Court has held that power under Section 323 CrPC to commit a case to the Sessions Court after commencement of inquiry/ trial may be invoked by the Magistrate only after recording its reasons by way of a speaking order.Justice P.V. Kunhikrishnan observed, “Since the words “it appears to him at any stage ..............” is used in Section 323 CrPC, it is clear that when...