Kerala High Court
LIFE Mission Case: Sivasankar Withdraws Plea For Bail On Medical Grounds After Kerala High Court Expresses He Should Approach Supreme Court
Former Principal Secretary to the Chief Minister of Kerala, M. Sivasankar today withdrew his plea seeking interim bail in the Life Mission money laundering case on grounds of ill-health, after the Kerala High Court expressed disinclination to pass orders amid pendency of his SLP before the Supreme Court against refusal of regular bail.Justice A. Badharudeen noted that Supreme Court was going...
Foreign Matrimonial Judgments Valid In Indian Courts If Parties Consented To Jurisdiction Abroad: Kerala High Court Reiterates
The Kerala High Court recently reiterated that foreign judgments can be accepted as conclusive in India where the parties voluntarily and effectively submit to the jurisdiction of the foreign court and consent to the grant of the relief, although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties.Justice P.V Kunhikrishnan observed that...
RSS Members Were Using Temple Premises But Illegal Activities Have Now Stopped: Police Tells Kerala High Court
The Secretary of the Travancore Devaswom Board and the Station House Officer of Chirayinkeezh Police Station have filed counter affidavits before the Kerala High Court supporting the averments of the devotees and nearby residents of Sree Sarkara Devi Temple in Thiruvananthapuram, in a plea against illegal encroachment of the temple premises by RSS members for conducting mass drills and...
'Gift' Under Mohammedan Law Not Valid In Absence Of Delivery Of Possession To Donee: Kerala High Court
The Kerala High Court recently declared as invalid a gift deed under Mohammedan law where the donee was only allowed to enjoy half a cent from a total of 3 cents of the schedule property, and there was no positive assertion by the donor that possession of the rest of the property is handed over to the donee.Justice P.G. Ajithkumar observed:"...on a conjoint reading of the whole of the recitals...
KAAPA | Detention Order Can't Be Issued Without Determining Sufficiency Of Bail Conditions Already Imposed On Accused: Kerala High Court
The Kerala High Court on Monday set aside a detention order which was issued by the detaining authority without determining the nature of the bail conditions already imposed on the detenu.The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha observed,"It is trite that when an accused in a criminal case, who is enlarged on bail with conditions is sought to be detained...
Section 294 CrPC Intended To Expedite Trials, Avoid Delay Caused By Recording Irrelevant Evidence: Kerala High Court
The Kerala High Court recently observed that the object of Section 294 of CrPC was to expedite trials and avoid unnecessary delay by recording irrelevant evidence. Section 294 provides that no formal proof is required for certain documents filed before any court. Justice Raja Vijayaraghavan V also added that endorsement of admission or denial of such document by the defence counsel or the...
Prima Facie Evidence Of Long Cohabitation: Kerala High Court Says Refusing Alleged Father's DNA Test May Brand Child As 'Bastard', Mother 'Immoral'
The Kerala High Court recently held that where there is prima facie evidence indicating long cohabitation between a man and a woman, a plea seeking direction to the man to subject himself to DNA Test for determining their alleged child's paternity cannot be brushed aside. "If an order of the nature is declined that would have the impact of bastardizing the minor girl child among the...
S.361 IPC | Minor's Consent Immaterial, Guardian's Consent Determining Factor In Kidnapping Cases: Kerala High Court Reiterates
The Kerala High Court last week reiterated that a minor's consent is irrelevant for the offence of kidnapping under Section 361 of the Indian Penal Code (IPC) and that it is the guardian's consent that determines whether the act falls within its scope. Justice K Babu added that the use of force or fraud is not necessary; even persuasion by the accused that leads to the minor willingly leaving...
Journalist's Mobile Phone Can't Be Seized Without Following Procedure Simply Because It Has Some Info About A Crime: Kerala High Court
The Kerala High Court on Monday came down heavily upon the State police for seizing the mobile phone of a journalist without following due procedure as contemplated in law. Justice P.V. Kunhikrishnan observed if the seizure of mobile phone of a journalist is necessary in connection with a criminal case, there are procedures to be followed for the same. The petitioner, G. Visakhan, a...
Tanur Boat Accident: Kerala Maritime Board Chief Surveyor Moves High Court For Bail
A bail application has been moved in the Kerala High Court by Sebastian Joseph, the Chief Surveyor of the Kerala Maritime Board who had been arrested in connection with the tragic Tanur boat accident that claimed 22 lives, including 15 children in Malappuram district.The High Court had initiated suo motu proceedings in the matter on May 9, 2023. Single Judge Bench of Justice Ziyad Rahman A.A....
'It's A Slap On High Court': Kerala HC Slams Police For Failure To Protect Bus Owner Despite Protection Order, Initiates Suo Moto Contempt
The Kerala High Court today slammed the Kottayam Police authorities for their failure to properly implement a protection order passed in favour of a bus owner, amid protests by the Centre of Indian Trade Unions (CITU) for wage hike.Workers of Raj Mohan's bus service claimed that the last wage hike was 5 years ago, and that the protests had erupted after Mohan failed to implement the hike...
Kerala High Court Weekly Round-Up: July 3 To July 9, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 303 - 315]Jibi James v. Union of India, 2023 LiveLaw (Ker) 303Govindarajan @ Govind v. Vidya & Anr., 2023 LiveLaw (Ker) 304Shamir T.J v. State of Kerala & Ors., 2023 LiveLaw (Ker) 305Thushar Nirmal Sarathy v. State of Kerala, 2022 LiveLaw (Ker) 306Cheriyathoda Cheriyakoya & Ors v. Cheriyathoda Kunni Kunni & Ors, 2022 LiveLaw (Ker)...