In A First, Kerala High Court Undertakes 'Virtual Site Visit' Of Alleged Encroachment In Forest Land

In an unprecedented step, the Kerala High Court on Tuesday, took a virtual view of 56.77 hectares of land in Agali Village. The Division Bench comprising Chief Justice S.V. Bhatti and Justice Basant Balaji, in a matter pertaining to encroachment of forest land in Agali Village, had directed the parties to visit the forest site and give a virtual access to the same, after identifying the...

Kerala High Court Grants Bail To Persons Accused Of Assaulting Advocate Commissioner During Local Inspection

The Kerala High Court on Friday granted bail to two persons accused of assaulting a female Advocate Commissioner who had been deputed by the Munsiff's Court at Varkala to execute an Order, and the accompanying Advocate Clerk, during the local inspection. Justice Ziyad Rahman A.A. noted that although the allegations against the petitioners were of serious nature, the petitioners had remained...

Prosecution May Tender Relevant Document In Evidence Even After Submission Of Chargesheet, Veracity To Be Tested During Trial: Kerala High Court

The Kerala High Court recently held that there is no embargo on prosecution producing a relevant document even after submission of the final report or charge sheet, with the court’s permission. The Court also held that genuineness and veracity of the documents produced at a later stage could be dealt with during the trial.A single bench of Justice Raja Vijayaraghavan V relied on the Apex...

Nudity Of Female Upper Body Shouldn't Be Regarded As Sexual Or Obscene By Default : Kerala High Court

The depiction of a woman's naked body should not be regarded as sexual or obscene always, observed the Kerala High Court while discharging a mother from a criminal case pertaining to making a video of her children painting on her semi-nude body. Taking note of the woman's explanation that the video was made to challenge patriarchal notions and to spread a message against the over-sexualization...

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner would be vacated and the bail bond...

Kerala High Court Quashes Case Against Rehana Fathima Over Video Showing Her Children Painting On Her Semi-Naked Body

The Kerala High Court on Monday quashed the proceedings against controversial activist Rehana Fathima before the lower court in the matter relating to the circulation of a video that showed her children painting on her semi-nude body. Justice Kauser Edappagath passed the order. The allegation against Fathima was that she had asked her two minor children, a boy and a girl of the ages 14 and...

Kerala High Court Elucidates Mode In Which Accused Must Request Court For Adducing Defence Evidence

The Kerala High Court recently addressed the question as to the mode in which an accused ought to request the Court for adducing the defence evidence. Justice Bechu Kurian Thomas, perused Section 233 Cr.P.C. which stipulates 'Entering Upon Defense', and observed that as per the provision, if the accused applies for the issue of any process for compelling the presence of any witness or...

Kerala High Court Weekly Round-Up: May 29 To June 4

Nominal Index [Citation: 2023 LiveLaw (Ker) 238-249]Santhosh Kumar v. The High Court of Kerala & Ors. 2023 LiveLaw (Ker) 238Mohandas P.D V. The District Geologist 2023 LiveLaw (Ker) 239D. Babu v. C. Shaji & Anr. 2023 LiveLaw (Ker) 240Jimmy Thomas V. Indian Bank 2023 LiveLaw (Ker) 241Zonal Manager, Life Insurance Corporation of India & Ors. v. Rosamma Varkey 2023 LiveLaw (Ker)...

Kerala High Court Asks Man To Approach Child Welfare Committee For Discharge Of Minor Daughter Impregnated By Her Brother

The Kerala High Court on Friday said that the father of a minor girl, who gave birth to a child after being impregnated by her brother, is free to submit an application to the Child Welfare Committee for her restoration in accordance with Section 40 of Juvenile Justice (Care and Protection of Children) Act, 2015.A single bench of Justice P V Kunhikrishnan directed the Child Welfare Committee...

Kerala High Court Monthly Digest - May 2023 [Citations: 210 - 245]

Nominal Index Citations [2023 LiveLaw (Ker) 210-245]P.T. Sheejish v. Union of India & Ors. 2023 LiveLaw (Ker) 210 State of Kerala v. Sanith Jan and State of Kerala v. Arun 2023 LiveLaw (Ker) 211St. Mary's Orthodox Church & Anr. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 212Kerala Public Service Commission v. State Disability Commissioner & Ors....

Kantara Plagiarism Row: Kerala High Court Stays Magistrate Order Directing Seizure Of Materials Related To "Varaharoopam" Song

The Kerala High Court recently stayed the order of the Chief Judicial Magistrate, Kozhikode that had directed the investigating officer to seize agreements/contracts related to the allegedly plagiarised song "Varaharoopam" from the Kannada movie “Kantara”. Further proceedings pursuant to the order of the Magistrate was stayed by a single bench of Justice Raja Vijayaraghavan in a plea...

Kerala High Court Takes Exception To State’s Rejection Of Proposal On Enhancing Retirement Age Of HC’s Meritorious Staff, Orders Fresh Decision

Taking exception to the State's rejection of a proposal on the enhancement of retirement age of high court staff from 56 to 58, the Kerala High Court on Thursday remitted the matter back to the state government for a fresh decision on the proposal of the Chief Justice for enhancement of the retirement age of the meritorious employees.The Registrar General of the High Court on October 25, 2022...