Kerala High Court
Sharon Murder Case: Kerala High Court Says Question Of Territorial Jurisdiction Can Be Decided During Trial
The Kerala High Court today left the issue of territorial jurisdiction in Sharon murder case to be determined during trial. This was after both defence and prosecution made a statement to that effect.“Now both sides submitted that the question may be left open and that may be decided during the trial…granting liberty to the petitioner to raise the question of jurisdiction during the...
Fake Drugs Case: Kerala High Court Prevents Arrest Of Kin Of Beauty Parlour Owner
The Kerala High Court on Monday directed the Assistant Excise Commissioner, Ernakulam, not to arrest Liviya Jose, the kin of beauty parlour owner Sheela Sunny, in connection with the fake drugs case. Sunny who had been accused of possessing 0.106 grams of the drug LSD stamp, was exonerated and the proceedings against her were quashed in July 2023, on the ground that the chemical analysis of...
Kerala High Court Grants Bail To Four Accused In Tanur Drugs Case
The Kerala High Court on Monday granted bail to four persons arrested in connection with the alleged possession of narcotic drugs in Tanur, Malappuram. Justice Mohammed Nias C.P. passed the order. The prosecution case is that accused persons were selling a synthetic narcotic drug called MDMA in a car. Upon receiving information regarding the same, the police proceeded to the site and arrested...
Kerala High Court Directs State To Expeditiously Finish Work On Houses Meant For Endosulfan Victims
The Kerala High Court on Monday directed swift steps to be taken for completion of the houses intended for 36 families of Endosulfan victims in the State. Justice Deva Ramachandran declared that the Court would not countenance any further delay in the matter, on noting that the writ petition in this regard had been pending for the past 3 years. "One cannot be oblivious of the stack reality...
Can't Deny Bail Merely Based On Community's Sentiments: Kerala High Court Grants Bail To Greeshma Accused In Sharon Murder Case
The Kerala High Court today allowed the bail application filed by prime accused in the Sharon Murder case, Greeshma. Bench of Justice Mohammed Nias said it cannot refuse bail merely because the sentiments of the community are against her.Sharon Raj was allegedly poisoned by Greeshma to weasel out of their romantic relationship. Her mother and maternal uncle are also arrayed as co-accused...
Subordinate Courts Empowered To Grant Leave, Try And Dispose Suits Relating To Public Charitable Trust U/S 92 CPC: Kerala High Court
The Kerala High Court has laid down that the Subordinate Judge's Courts are vested with the jurisdiction to grant leave for institution of a suit relating to a public charitable trust, and thereafter try and dispose of the same under Section 92 of the Code of Civil Procedure (CPC). The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen passed the order on...
Writ Courts Need Not Interfere With Statutory Proceedings Under SARFAESI Act Except In Extraordinary Circumstances: Kerala High Court
The Kerala High Court has reiterated that writ courts should not interfere in matters pertaining to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'), particularly when the factual circumstances do not make out a specific case for issuance of the writs. The Division Bench comprising Justice A. Muhamed Mustaque and...
RTO Not Liable To Compensate Victim For Accident From Uninsured Vehicle: Kerala High Court
The Kerala High Court has held that Registration Authorities like the Road Transport Officer (RTO) or the District Collector cannot be made liable to pay compensation for road accidents from uninsured vehicles.Justice Dinesh Kumar Singh observed that the owner of the vehicle has the primary responsibility to get the vehicle insured, so the owner alone or driver or both will be liable to...
Kerala High Court Issues Directions To Ensure Fairness In Selection Of Melsanthies Of Sabarimala, Malikappuram Temples
The Kerala High Court recently issued a slew of directions to be followed while appointing the Melsanthies of Sabarimala and Malikapuram Temple for the period 2023-2024 in a suo moto case registered to ensure fairness, transparency and adherence to the interview guidelines for shortlisting candidates.The Sabarimala and Malikappuram Temple come under the Travancore Devaswom Board,...
Kerala High Court Weekly Round-Up: September 18 - September 24, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 488-508]Aparna Sasi Menon v. The Revenue Divisional Officer 2023 LiveLaw (Ker) 488Master A (Minor) V District Legal Service Authority 2023 LiveLaw (Ker) 489Fr. Geevarghese John @Subin John v. State of Kerala 2023 LiveLaw (Ker) 490Suseela & Ors. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 491Sanoj V K V Bharat Petroleum Corporation Ltd....
Petroleum Rules | District Authority Can't Deny NOC For Fuel Outlet On Ground That Site Location Not Covered By Notification: Kerala High Court
The Kerala High Court has made it clear that under the Petroleum Rules, 2002, the District Authority is not empowered to reject No Objection Certificate (NOC) for fuel outlet on the ground that the proposed site is different from that mentioned in the notification.Rule 144 of the Petroleum Rules, 2002 stipulates the grant of NOC.The application for NOC by the Indian Oil Corporation was...
Adoption Of Technology By Courts Not A Matter Of Choice, It's An Obligation: Kerala HC Asks Govt To Assist KAT Earnakulam To Introduce Hybrid Mode
The Kerala High Court, while hearing a plea submitted by an association of lawyers and advocates seeking for introducing Hybrid Mode at Kerala Administrative Tribunal (KAT), Ernakulam, stated that adopting technological means for hearing and disposal of cases was not a choice anymore, but an obligation mandated by the Supreme Court of India.Justice Devan Ramachandran observed thus:“There can...