Kerala High Court Stays Orders For Collecting Blood Samples Of Children Of Rape Victims For DNA Testing

The Kerala High Court has stayed various lower court orders directing the collection of blood samples of children of rape and Protection of Children from Sexual Offences Act (POCSO) survivors for DNA testing.Justice K. Babu passed the Order staying the implementation of six lower court orders of Mancheri Fast Track Sessions Court, Kattapana POCSO Special Court, Ramankari Judicial First...

S.36A NDPS Act | Presence Of Accused Mandatory While Hearing Extension Application, Mere Notice Not Sufficient: Kerala High Court

The Kerala High Court recently held that the accused must be produced either physically or virtually while considering the application for extension of remand filed under Section 36A(4) of the NDPS Act and that neglect of the same goes beyond a simple procedural violation. Justice Raja Vijayaraghavan V pointed out that failure to do so would be equivalent to legally stripping the accused of...

Supreme Court Collegium Recommends Appointment Of Gujarat HC Justice Ashish J Desai As Kerala High Court CJ

The Supreme Court has recommended the appointment of Justice Ashish J Desai, a judge at the Gujarat High Court as the Chief Justice of Kerala High Court. The current Chief Justice of Kerala High Court is Justice S Venkatanarayana Bhatti. The recommendation was made to fill the vacancy in the office of the Chief Justice of the Kerala High Court that would arise consequent to the...

KAAPA | Unreasonable Delay By Detaining Authority In Seeking 'Additional Particulars' Vitiates Preventive Detention Order: Kerala High Court

The Kerala High Court on Monday quashed the detention order of a person who had been detained under Section 3 of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred, 'KAAPA, 2007') on the ground of unreasonable delay on the part of the detaining authority in seeking additional particulars from the sponsoring authority. The Division Bench comprising Justice P.B....

Kerala High Court Issues Notice To Actor Vinayakan In Plea Seeking Action For Allegedly Abusing Co-Passenger While Boarding Indigo Flight

The Kerala High Court on Wednesday issued notice to Malayalam film actor Vinayakan in the plea seeking action to be taken by Indigo Airlines against the actor for allegedly abusing a co-passenger while boarding the flight. Justice P.V. Kunhikrishnan today allowed the application by the petitioner impleading the Actor as an additional respondent in the matter, and issued him notice...

Kerala High Court Quashes FIR Against Beauty Parlour Owner In Fake Drugs Case

The Kerala High Court on Wednesday quashed the FIR against Sheela Sunny, the owner of a beauty parlour in Chalakudy, who had been accused of possessing 0.106 grams of the drug LSD stamp. Sunny had sought the case to be quashed on the ground that the case was false and that the chemical analysis report was negative and no LSD had been detected in the stamp. Justice Kauser Edappagath passed...

Kerala High Court Warns Prison Authorities Against Unnecessary Delay, Detention Of Lawyers Visiting Clients in Jail

The Kerala High Court recently highlighted the vital role of lawyers as officers of the court in criminal cases and observed that when lawyers visit their clients in prison, it is the duty of prison officials to respect their professional duties and avoid unnecessary delays or detentions.Justice P.V. Kunhikrishnan expressed shock after a lawyer who was forced to approach the Court to obtain...

Order XLIII CPC | Conditional Orders Allowing Restoration Of Suits And Imposing Penalties Are Appealable: Kerala High Court

The Kerala High Court has held that an order allowing the restoration of a dismissed suit for non-prosecution or setting aside an ex-parte decree, when accompanied by a conditional order imposing a penalty or cost, is an appealable order under Order XLIII of the CPC.Justice P. Somarajan reasoned that non-compliance with the condition will effectively result in rejection of the...

[S.125 CrPC] Amendment Of Pleadings Can Be Permitted By Family Court Even In Absence Of Amendment Provisions In CrPC: Kerala High Court

The Kerala High Court recently reiterated that an application for amendment can be permitted by a Family Court despite the absence of provisions for amendment in the Code of Criminal Procedure (Cr.P.C.). The Single Judge Bench of Justice V.G. Arun relied upon various precedents and proceeded to observe that technicalities would not have any place in maintenance cases under Section 125...

S.482 CrPC Can Be Invoked To Secure Justice Despite Availability Of Revisional Remedy: Kerala High Court

The Kerala High Court has recently held that inherent powers under Section 482 CrPC can be invoked to secure justice and to prevent abuse of court process despite the availability of a revisional remedy under Section 397. Justice Ziyad Rahman A.A disagreed with the findings in Bayyarapu Suresh Babu v. State of Andra Pradesh & Ors (2021) and observed that the availability of a...

Qatar Airways Asked To Compensate Kerala High Court Judge For Denying Boarding Despite Having Pass

The District Consumer Disputes Redressal Commission at Ernakulam on Monday directed Qatar Airways to pay an amount of Rs. 7,50,000/- to Justice Bechu Kurian Thomas, Judge of the Kerala High Court, for precluding him from boarding the flight despite having the necessary boarding passes, due to overbooking.The Commission comprising the President D.B. Binu and Members V. Ramachandran and...

Life Mission Case: ED Challenges Maintainability Of Sivasankar's Plea In Kerala High Court Seeking Interim Bail On Medical Grounds

The Kerala High Court on Monday directed that the plea filed by M. Sivasankar, former Principal Secretary to the Chief Minister of Kerala and accused in the Life Mission case, seeking interim bail on grounds of ill-health be posted before the roster Bench.Justice Kauser Edappagat passed the Order on the submission made by the DSG appearing on behalf of the Enforcement Directorate (ED) that...