Kerala High Court
Granting Anticipatory Bail To Persons Who Flee Country Being Aware Of FIR Registered Against Them Is Not Proper: Kerala High Court
The Kerala High Court recently held that it may not be appropriate to grant anticipatory bail in circumstances where the accused fled the country being fully aware of a non-bailable offence registered against him/her.The court also observed that while considering a bail application filed by an accused who is abroad, courts must consider imposing the condition that the accused shall be...
Kantara Plagiarism Row: Kerala High Court Stays District Court's Order Restraining Hombale Films From Using 'Varaharoopam' Song
The Kerala High Court on Tuesday stayed the order passed by a local Court restraining the makers of the Kannada movie 'Kantara' from exhibiting the song 'Varaha Roopam' in theatres and streaming platforms.The Additional District Court at Kozhikode had directed that the respondent, Hombale Films, and their representatives and others would be "restrained from distributing, exhibiting in...
Building Owner Can Decide If Parking Fees Is To Be Levied From Customers Utilizing Its Shopping Facility: Kerala High Court In Plea Against Lulu Mall
The Kerala High Court recently held that it is up to the building owner to determine whether or not to charge customers for parking their vehicles while using the shopping facility and services offered in the building. However, the court also held that for operating multilevel parking facilities around the commercial establishment that operate as stand-alone buildings used for parking,...
Every Unmarried Daughter Has Right To Get Reasonable Marriage Expenses From Her Father Irrespective Of Religion: Kerala High Court
The Kerala High Court recently considered the question as to whether there is a provision entitling a Christian daughter to realize marriage expenses from the immovable property of her father or the profits therefrom, and answered the same in the affirmative. The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar perused the provisions of the Hindu Adoptions...
Kerala High Court Directs State To Comply With Previous Directions To Prevent Unlawful Protests In Public Spaces
The Kerala High Court recently directed the State machinery to comply with the directions issued by the Apex court as well as the High Court time and again regarding the controlling of unlawful protests, campaigns, and other such assembly of people being staged at public spaces meant for public use. The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman...
Kerala High Court Weekly Round-Up: April 10 To April 16, 2023
Nominal Index [Citation: 2023 LiveLaw (Ker) 178-194]Suo Motu V The Secretary To Government 2023 LiveLaw (Ker) 178XXX v. YYY 2023 LiveLaw (Ker) 179Sumesh U. & Anr. v. The Revenue Divisional Officer, Palakkad & Ors. and Saresh Sanker & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 180XXX v XXX 2023 LiveLaw (Ker) 181Google Inc. v. XXXX & Ors. and other connected matters...
How Prefix “Professor” Induced Voters? Kerala High Court Dismisses Plea Against Election Of Education Minster R Bindu For Alleged Misrepresentation
The Kerala High Court on Wednesday dismissed a petition challenging the election of Education Minister R Bindu from Irinjalakuda Constituency in the General Election held in 2021 to the Kerala Legislative Assembly. The petition was filed seeking a declaration that her election was void on the ground that she misrepresented herself as “Professor R Bindu”, even though she was not a...
Kerala High Court Refuses Bail To Two Andhra Pradesh Natives Accused Under UAPA For Spreading Maoist Ideology
The Kerala High Court on Tuesday refused to set aside the order of a Special NIA court denying bail to two Andhra Pradesh natives for their alleged involvement in the terrorist organization CPI(Maoists).The accused persons are alleged to have been involved in radicalizing youth and persuading them to join the terrorist organisation. The AP natives are said to have been recruiting members...
Lok Ayukta Cannot Investigate Matters Relating To Selection Of Candidates By Political Parties: Kerala High Court
The Kerala High Court recently held that the Kerala Lok Ayukta cannot investigate into matters relating to selection of candidates by political parties for contesting election. The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman while considering a petition filed by the State Secretary of Communist Party of India (CPI), Pannyan Raveendran, challenging...
Drunk Driving | Medical Report Not Required In Every Case To Prove Intoxication And Guilt Of Accused U/S 304 IPC: Kerala High Court
The Kerala High Court on Thursday held that it would not be essential to insist upon documentary evidence to prove the fact of 'drunkenness' in every case of drunk driving, in order to establish the guilt of an accused under Section 304 IPC for offence of culpable homicide not amounting to murder. Justice Bechu Kurian Thomas observed that if the circumstance of the case and the statement of...
'A True Democrat': Kerala High Court Holds Full Court Reference Ahead Of Chief Justice S Manikumar's Retirement
A full court reference was held on Thursday at the Kerala High Court in honour of Chief Justice S Manikumar who is retiring on 24th April. Speaking at the event Chief Justice Manikumar who was formerly a judge of the Madras High Court said "the warmth with which I was received, the affection shown by members of the Bar, the registry, the people of Kerala and my beloved brothers and sisters...
No Allegation Of Any "Demand": Kerala High Court Quashes Proceedings Against Ex-MLA KM Shaji In Plus Two Bribery Case
The Kerala High Court on Thursday quashed the proceedings initiated by the Vigilance and Anti Corruption Bureau against Indian Union Muslim League (IUML) leader and former MLA K M Shaji, in connection with the plus two bribery case. A single bench of Justice Kauser Edappagath quashed the FIR as it was of the view that no prima facie case was made out against Shaji: “I conclude that...