Fake Antiquities Case: Kerala HC Lets Suspended IG Gugulloth Lakshman Withdraw Quashing Plea But Disbelieves His Counsel Acted Without Instructions

The Kerala High Court on Tuesday permitted Gugulloth Lakshman, Inspector General of Kerala Police (now suspended), to withdraw his plea seeking to quash the case registered against him for his alleged involvement in Monson Mavunkal cheating case.However, Justice P.V. Kunhikrishnan asked him to pay Rs. 10,000 as cost and disbelieved the suspended IG's claim that his counsel had moved the...

Kollam Doctor Murder: Kerala High Court Asks Police Chief To Redress Grievance Of Bereaved Parents Regarding Probe

The Kerala High Court today asked the State's Police Chief to meet the parents of Dr. Vandana Das, a 23-year-old house surgeon who was murdered while on duty, and redress their grievances with respect to the probe.The direction was made by Justice Kunhikrishnan while hearing the parents' plea for transfer of probe to the CBI. The parents alleged that involvement of certain police officials in...

Kerala High Court Sets Deadline For State To Clear Rs. 54 Crore Due To Schools Under Noon Meal Scheme

The Kerala High Court on Tuesday issued specific directions to the State to ensure that the pending amount of Rs. 54 Crores proposed to be released by it as arrears of payments to government and aided schools under the 'Noon-Meal Scheme', shall be made available to the schools by October 5, 2023. The Single Judge Bench of Justice T.R. Ravi observed that although the State Government...

Kerala High Court Refuses To Suspend Conviction Of Lakshadweep MP Mohammed Faizal In Attempt To Murder Case But Suspends Sentence

The Kerala High Court has refused to suspend the conviction of Lakshadweep MP Mohammed Faizal in a case of attempt to murder.However, Justice N. Nagaresh suspended his sentence of imprisonment. The petitioner, Mohammed Faizal and three others were convicted and sentenced to imprisonment for periods ranging from one month to ten years by the Kavaratti Sessions Court under sections 143, 147,...

Only Proposed Amendments To Cooperative Society Bye Laws And Not Existing Provisions Need To Be Published In Local Newspaper: Kerala High Court

The Kerala High Court has held that newspaper publication of the proposed amendment to bye-laws of a cooperative society alone and not the existing provision of the bye-laws is mandatory for effecting registration of the amendment.Justice Sathish Ninan observed that Rule 9(ii) of the Co-operative Societies Rules and circular No.25/2016 issued by the Registrar of Co-operative Societies...

Kerala High Court Monthly Digest: September 2023 [Citations: 441 - 530]

Nominal Index [Citations: 2023 LiveLaw (Ker) 441 - 530]Greik Xavier V Sub Inspector Of Police 2023 LiveLaw (Ker) 433Vinayakumar K.R. v. State of Kerala 2023 LiveLaw (Ker) 434Lalitha V Krishna Pillai 2023 LiveLaw (Ker) 435Dr Raju Antony V Kerala State Council For Science, Technology And Environment And Connected Cases 2023 LiveLaw (Ker) 436Biju Mathew & Anr. v. Deputy Superintendent of...

Village Panchayat Has Exclusive Power To Administer Anganwadi Matters: Kerala HC Quashes Appointments Made By Child Development Officer

The Kerala High Court recently quashed the appointment of two Anganwadi workers to the permanent post with the Kadapra Panchayat as illegal, since the appointments had been made by the Child Development Project Officer and not the Village Panchayat. Single Judge Bench of Justice Raja Vijayaraghavan V. perused Section 166 (2) Kerala Panchayat Raj Act, 1994, which provides that the...

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court

The Kerala High Court recently held that a trial judge cannot wait until conclusion of trial to decide if the plaint has to be rejected, and added that such decision should be made solely on an assessment of the plaint under Order VII Rule 11 CPC.Justice Devan Ramachandran observed that Trial judge waiting for rejecting the plaint until trial was completed defeats the purpose of law laid...

Affixing Poster Of Political Party Symbol Like 'Lotus' On Electric Poll Not Necessarily Mischief, Wantonly Provoking Riot: Kerala HC Quashes FIR

The Kerala High Court has quashed the criminal proceedings initiated against a man for affixing poster of a lotus, which is a symbol of a political party, on an electric poll with gum. It was alleged that the accused caused a commotion near Annamkulangara Devi Temple and the Electricity Board had to spend Rs. 63 for removing the poster.Justice PV Kunhikrishnan observed that affixing a...

Can't Dilute Organ Transplant Rules For Individual Cases: Kerala High Court In Plea By Kidney Patients On Life Support

The Kerala High Court on Tuesday called upon the District Level Authorization Committee for Transplantation of Human Organs (DLAC) to decide if a 'Certificate of Altruism' was required to be obtained by petitioners, kidney patients who are presently on dialysis and other life support mechanisms.Justice Devan Ramachandran highlighted the importance of adhering to the legal requirements outlined...

Kerala High Court Invokes Parens Patriae Jurisdiction To Select Name Of Child Born To Warring Parents

In an interesting development, the Kerala High Court invoked its parens patriae jurisdiction to select the name of a child, caught in a dispute between her estranged parents with respect to what her name should be.Justice Bechu Kurian Thomas reasoned that attempting to resolve the dispute between the parents will cause inevitable delay and in the meanwhile, the absence of a name would not...

Court Can't Decide Whether Competition In Particular Sports Category Should Be Conducted Or Not, Prerogative Of State: Kerala High Court

The Kerala High Court stated that decisions such as if a competition has to be conducted in a particular category or not is a prerogative of the Government and has to be decided by a competent authority of the State.Justice Devan Ramachandran observed that the writ court under Article 226 cannot make such decisions as it requires evaluation of necessary factual and documentary...