Kerala High Court
Kerala High Court Weekly Round-Up: May 8 To May 14, 2023
Nominal Index [Citation: 2023 LiveLaw (Ker) 214-217]Muhammed Shiraz @Shiraz v. State of Kerala & Ors, 2023 LiveLaw (Ker) 214Antony C.L. v. Kerala Water Authority & Ors., 2023 LiveLaw (Ker) 215Sujith Sreerengum V Sunil Sradheyam & Another, 2023 LiveLaw (Ker) 216State of Kerala V Nino Mathew, 2023 LiveLaw (Ker) 217Judgments/Order This WeekFIR U/S 57 Kerala Police Act Is For...
'When Court Speaks For People, It Becomes Anti-Govt?' : Kerala High Court Laments Cyber Attacks On Judges
The Kerala High Court on Friday condemned the cyber attacks being launched against judges for taking up matters of public importance."...The problem is, when Court speaks for the people, it becomes anti-government. I don't know how this happens. We are facing cyber attacks. What kind of system are we creating where Judges can't speak aloud? Because we have initiated a suo motu in this case,...
Can't Allow Boat Operators To Make Money At Cost Of People's Lives: Kerala High Court Issues Preliminary Directions To Avert Overloading
Following the unfortunate Tanur boat tragedy that claimed 22 lives, including that of 15 children, the Kerala High Court on Friday issued preliminary directions to avert any further boat accidents in the State.As per media reports, the tourist boat that had allegedly been functioning without the mandatory fitness certificate, had possibly capsized due to overloading. It is alleged that the...
High Court At Appellate Stage Can Order Mitigation Investigation Even Before Conviction Is Upheld: Kerala High Court In Death Sentence Reference
While hearing two death sentence references, the Kerala High Court on Thursday held that there is no legal bar in commencing mitigation investigation even before the High Court begins hearing the issue on conviction at the appellate stage.A division bench comprising of Justice Alexander Thomas and Justice C. Jayachandran was of the view that if the mitigation investigation is conducted only...
Kollam Doctor Murder | Police Duty To Guard Citizens Even At Cost Of Their Own Lives: Kerala High Court; Police Chief Assures Of Modified Protocol
The Kerala High Court on Thursday observed that it is the lack of protocols and systemic failure that led to the gruesome murder of a 23-yr-old house surgeon who was stabbed multiple times by an injured man brought to the government hospital in a police jeep, in Kottarakkara, Kollam. A Division Bench comprising of Justice Devan Ramachandran and Justice Kauser Edappagath observed,"As far as...
Kerala High Court Allows Conduct Of Vacation Classes For Students Aged Above 14 Years, Stays Govt Order
The Kerala High Court on Tuesday stayed the order issued by the Kerala Government prohibiting conduct of vacation classes. The High Court observed that vacation classes for students above the age of 14 years could be conducted, and could not be disturbed without valid reasons. Staying the Government order for a period of two weeks, the Single Judge Bench of Justice A....
Medical Interns, PG Students Should Be Protected: Kerala High Court Issues Preliminary Directions After Fatal Attack On Woman Doctor In Kollam
The Kerala High Court has ordered that medical interns, house surgeons and post-graduate medical students should also be provided protection under the provisions of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.The Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath issued...
'If Doctors Can't Be Protected, Shut Down All Hospitals': Kerala High Court Slams State, Police Over Doctor's Murder By Man In Custody Brought For Checkup
In an urgent special sitting convened today, the Kerala High Court slammed the State and Police authorities for their failure to prevent the gruesome murder of a 23-yr-old house surgeon who was stabbed multiple times by an injured man brought to the government hospital in police jeep. The unfortunate incident happened early this morning."If doctors can't be protected, shut down all hospitals,"...
Water Supply | Residential Apartment Which Is Neither Flat Nor Multi-Storied Building Entitled To Domestic Connection: Kerala High Court
The Kerala High Court recently held that where an apartment does not fall within the ambit of the definition of flat or multi-storied building under the Kerala Water Supply and Sewerage Act, 1986 (hereinafter, 'Act, 1986'), the owners of such apartment could not be insisted upon to apply for a Contributory Street Main Extension (CSME) connection. Justice Shaji P. Chaly observed, "...If...
Tanur Boat Tragedy: Kerala High Court Initiates Suo Moto Proceedings, Cracks Whip On State Authorities For Failed Supervision
The Kerala High Court on Tuesday initiated suo motu proceedings in light of the boat accident that claimed 22 lives, including 15 children in Tanur area of Malappuram district. As per media reports, the tourist boat which had allegedly been functioning without the mandatory fitness certificate, had possibly capsized due to overcrowding. It is alleged that the boat which only had around...
Kerala Anti-Defection Law| Formal Membership In Political Party Not Prerequisite To Apply Disqualification Provisions For Voluntarily Giving Up Membership: High Court
The Kerala High Court recently held that a formal membership in a political party is not a prerequisite for the provisions of 'disqualification' for voluntarily giving up party membership under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 to apply. The Court observed that a member contesting as a candidate in an election with the support of a political party shall be...
FIR U/S 57 Kerala Police Act Is For Locating Missing Person; Does Not Contemplate Investigation Unlike FIR U/S 154 CrPC: Kerala High Court
The Kerala High Court on Tuesday held that the registration of a First Information Report (FIR) under Section 57 of the Kerala Police Act (hereinafter, 'K.P. Act') is only for the purposes of locating a missing person, and the same cannot be treated as an FIR under Section 154 Cr.P.C. Explaining the intent of Section 57 of the K.P. Act, the Single Judge Bench of Justice K. Babu observed...