Kerala High Court
Authorities That Cannot Comply With Court Orders Should Step Down: Kerala High Court Warns Govt On Issue Of Unauthorized Banners In Public Places
The Kerala High Court on Wednesday came down heavily on the State for its inaction in the matter pertaining to illegal installation of boards and banners at public places in the State.“If Local Self Governments cannot comply with directions, please step down. Don’t provoke this court," Justice Devan Ramachandran remarked.The Court stated that the Local Self Governments were complying...
Before Arresting Accused Police Must Verify With Prosecutor's Office If Any Interim Order Subsists In Pending Bail Plea: Kerala High Court
The Kerala High Court on Tuesday declared that it is the duty of every Police Officer to contact the office of the Prosecutor before arresting an accused, when a bail application is pending before a court of law, to verify whether there is any interim order passed by the Court.Justice P.V. Kunhikrishnan observed,"Without verifying the same from the office of the prosecutor, it is not proper...
Kerala High Court Permits Waqf Board To Proceed With Framing Scheme For School Administration Pending Decision Whether It Is Waqf Property Or Not
The Kerala High Court on Tuesday refused to interfere with an order of Waqf Board for framing scheme for administration of a school, while issue pertaining to whether or not such school is a waqf property is pending consideration before Waqf Tribunal.Court added that while the process of framing a scheme for the administration of Vaduthala Jama-ath Higher Secondary School could continue, the...
Possession Of Live Cartridge Without Corresponding Weapon Not An Offence Under Arms Act: Kerala High Court
The Kerala High Court recently ruled that the presence of a live cartridge alone that had been seized from the bag of a passenger during the security check at the airport without seizure of any corresponding fire-arm would indicate that there was no 'conscious possession' by such passenger, and hence, would not amount to an offence under the Arms Act, 1959.Elucidating Section 25 of the Act...
Bail Bond Cannot Be Cancelled After Transfer Of Case Without Issuing Notice To Accused And Sureties: Kerala High Court
The Kerala High Court recently held that when a court transfers a case to another court, the transferor court must issue notice to the accused and sureties without which bail bonds cannot be cancelled.A single bench of Justice Bechu Kurian Thomas observed,“When a case is transferred, that too after suo motu advancing it from the next posting date, it is imperative that the transferor...
Kerala High Court Halts Renovation Of Sri Thirunelli Mahavishnu Temple For 10 Days
The Kerala High Court on Monday restrained the Executive Officer of the Sri Thirunelli Mahavishnu Temple, from proceeding with any renovation works in the Temple for a period of 10 days. The incident came to light after certain news reports surfaced stating that the Archaeology Department was being kept in the dark as regards the renovation work being carried out in the temple, and...
Kerala High Court Refuses To Quash Trial Court Proceedings Against Actor Unni Mukundan In Sexual Harassment Case
The Kerala High Court on Tuesday dismissed an application filed by Malayalam film actor Unni Mukundan challenging an order of the Sessions Court that confirmed the order of the trial court refusing to discharge the actor in a case where he is facing prosecution for offences under Sections 354 (Assault of criminal force to woman with intent to outrage her modesty) and Section 354-B (Assault or...
Kerala High Court Seeks Investigation Status Into Alleged Trespassing Incident In Protected Area Of Ponnambalamedu Near Sabarimala
The Kerala High Court on Monday sought information regarding the present stage of investigation from the Deputy Director, Periyar West Division, and the District Police Chief, in the matter relating to the alleged trespass by some persons into the sacred 'Kalthara' of Ponnambalamedu, a protected forest area near the Sabarimala Temple. The Senior Government Pleader was directed to get...
High Court Has Power To Prescribe Conditions For Inter-District Transfers Of Employees In Administrative Side Of Judiciary: Kerala High Court
The Kerala High Court recently held that High Court has the power to prescribe conditions for inter district transfers of employees in the administrative side of the judiciary. The Court observed that this power is derived from Article 235 of the Constitution which grants the High Court the power to exercise complete administrative control over the subordinate courts.A single bench of Justice...
Magistrate Exceeded Jurisdiction By Vacating Order For Cross-Examination Merely Because Accused's Counsel Couldn't Appear: Kerala High Court
The Kerala High Court recently set aside the order of a Magistrate Court by which the latter vacated its own order allowing cross-examination of certain witnesses, merely on the ground that the counsel for the accused could not appear on the day the witnesses were examined. Observing that the impugned order issued by JFCM Court at North Paravur was unjustifiable, the Single Judge Bench of...
Kollam Doctor Murder: Kerala High Court Issues Notice To State On Lawyer's Plea Seeking ₹1 Crore Compensation For Bereaved Family
The Kerala High Court on Monday issued notice to the State authorities in the plea filed by a lawyer seeking Rs. 1 Crore compensation for the bereaved family members of the 23 years old house surgeon, Dr. Vandana Das, who was brutally killed by an injured man brought to the government hospital in a police jeep, in Kottarakkara, Kollam.The Acting Chief Justice S.V. Bhatti and Justice...
Kerala High Court Weekly Round-Up: May 15 To May 21
Nominal Index [Citation: 2023 LiveLaw (Ker) 218-224] Mahesh Thampi v. The Deputy Director of Education & Ors. 2023 LiveLaw (Ker) 218Anoop K.A V. Biju Prabhakar 2023 LiveLaw (Ker) 219Sanjeev S. v. State of Kerala 2023 LiveLaw (Ker) 220Dhanya Martin v. State of Kerala & Anr. and other connected cases 2023 LiveLaw (Ker) 221Jolly Vaerghese v. State of Kerala 2023 LiveLaw (Ker) 222Jayaraj...