Kerala High Court
Kerala High Court Allows Married Couple To Terminate 24 Weeks' Pregnancy Citing Substantial Foetal Abnormality
The Kerala High Court has permitted a married couple to medically terminate their 24 weeks' pregnancy on finding ‘substantial foetal abnormality’ and congenital heart disease.Justice Devan Ramachandran however said the procedure will be carried out only in Government Medical College, Ernakulam.“I have examined the report of the Medical Board and as already indited above, it states -...
Kerala High Court Imposes Cost On Revenue Official For Withholding Instructions From Advocate General's Office, Not Complying With Judicial Order
The Kerala High Court has imposed of fine of Rs. 10,000/- on the Revenue Divisional Officer (RDO) for the authority's failure to issue appropriate orders even after the lapse of a year, on an application under the Kerala Land Utilisation Order, 1967, as had been directed by the Court earlier. The petitioner in this case was aggrieved that his land being converted land, was not included in...
S.138 NI Act | Courts Should Grant Compensation To Complainant "Commensurate To Cheque Amount" While Sentencing Accused: Kerala High Court
The Kerala High Court recently held that criminal courts while convicting an accused in a proceeding under Section 138 of Negotiable Instruments Act for dishonour of cheque should also consider the importance of compensating the complainant.Justice C.S. Dias enhanced the fine imposed upon the accused, so as to provide compensation to the complainant under Section 357 of CrPC. The Court...
Couple Living Together Under 'Marriage Agreement' Not Husband-Wife, No Prosecution U/S 498A IPC: Kerala High Court
The Kerala High Court has acquitted a man and his family who were convicted under Section 498A IPC for cruelty against a deceased woman on the finding that the parties were living together as husband and wife, based on a marriage agreement and their marriage was not solemnized.Justice Sophy Thomas observed thus:“In the case on hand, since the marriage between the 1st revision petitioner...
Kerala High Court Introduces Measures To Strengthen Security Within Its Premises
The Kerala High Court has imposed certain measures to strengthen the security arrangements within its premises in light of a few recent incidents of security breaches. Advocates, not in their robes, are required to show their ID Cards at the entry points for identification, while verification of persons donning the Advocates' robes shall be done only in suspicious circumstances.Advocate...
Rectify Or Face Action: Kerala High Court Warns PWD, Panchayat After 51-Yr-Old Complains Of Water Logging Due To Culvert Constructed By Them
The Kerala High Court has warned of action against the Public Works Department (PWD), and the Panchayat, in case of any defect in rectifying the issue of water-logging of a private property, due to the construction of a culvert in an unscientific manner near the said property by the authorities. Justice Devan Ramachandran took note of the Senior Government Pleader's submission that...
Kerala HC Acquits Hindi Proficient Accused As Disclosure Statement U/S 27 Evidence Act Was Recorded In Malayalam, Translator Not Examined
The Kerala High Court has acquitted a Hindi proficient accused, a native of West Bengal who was convicted for robbery and murder, because his disclosure statements were recorded in a language not spoken by him.The Division Bench comprising Justices P.B.Suresh Kumar and P.G.Ajithkumar observed that disclosure statement has to be recorded in the same language spoken by the accused. It was...
Co-operative Arbitration Court Has Exclusive Jurisdiction To Adjudicate Election Disputes Of Co-operative Society: Kerala HC Dismisses Writ Appeal
The Kerala High Court has held that Co-operative Arbitration Court constituted under Section 70A of the Kerala Co-operative Societies Act, 1969 has the exclusive jurisdiction to deal with the procedure for adjudication of any dispute regarding election to the Board of Management of Society and not a writ court under Article 226 of the Constitution.Justice Anil K. Narendran and Justice...
Transfer Certificate Cannot Be Withheld Merely Citing Arrears Of School Fees: Kerala High Court
The Kerala High Court has declared that Transfer Certificate (TC) of a child cannot be withheld by a School merely because fees are due to the School."Imparting education is the primary duty of the State. The Transfer Certificate of a child cannot be withheld by a School because the fees are due to the School. Every child has a fundamental right to get an education," Justice Basant...
No Litigant Or Lawyer Has To Argue Before Court With Folded Hands; Judges Not Gods: Kerala High Court
"Usually the court of law is known as ‘temple of justice’. But there is no god sitting in the bench. The judges are doing their constitutional duties and obligations," the Kerala High Court remarked recently, in a case involving registration of FIR on a 51-year-old woman for allegedly abusing Police Inspector, as a suspected 'couterblast' to her complaint against him. Taking note that...
Kerala High Court Suspects Police Inspector Of Lodging 'Counterblast' FIR Against 51-Yr-Old Woman, Orders Inquiry
Suspecting foul play in the FIR lodged by a Police Inspector against a 51-yr-old woman for allegedly threatening and abusing him over the phone, the Kerala High Court has ordered the State Police Chief to inquire the facts that led to the FIR.The petitioner-accused, who had pleaded her case in person 'teary eyed' before the Court, was booked under Section 294(b) ('Obscene acts and...
Abusing Police Officer Over Phone Not An Offence U/S 294(b) IPC: Kerala High Court
The Kerala High Court has quashed the criminal proceedings initiated against a 51-yr-old woman accused of threatening and hurling abuses at a police officer over phone, upon finding that the same would not attract the offence under Section 294(b) ('Obscene acts and songs') of IPC, that she had been charged with.Justice P.V. Kunhikrishnan discerned that in order to attract the offence...