Kerala High Court
Preventive Detention Order Can Be Passed Against Person Already In Judicial Custody On Subjective Satisfaction Of Detaining Authority: Kerala High Court
The Kerala High Court recently held that an order of preventive detention can be passed against a person already in judicial custody if the detaining authority is satisfied of its necessity.A division bench comprising of Justice Alexander Thomas and Justice C.S. Sudha held that based on parameters such as the immediate possibility of release of the detenu from judicial custody and if released...
Plea In Kerala High Court Challenges Delay By Lok Ayukta In Passing Verdict On Matter Reserved For Orders One Year Ago
A plea has been filed in the Kerala High Court challenging the "unexplained" delay by the Lok Ayukta in passing verdict in a matter which was heard and reserved for orders on March 18, 2022. The petitioner, R.S. Sasikumar, had approached the Lok Ayukta under Section 9(1) of the Kerala Lok Ayukta Act, challenging the Cabinet decision taken on July 27, 2017, to give financial aid to the families...
Senior Advocate & Former Advocate General Of Kerala K.P. Dandapani Passes Away
Senior Advocate and former Advocate General of Kerala K.P. Dandapani passed away on Tuesday.He served as the Advocate General of Kerala from 2011 to 2016, during the tenure of the UDF Government. An alumnus of St. Albert's College and Government Law College, Ernakulam, the senior lawyer had enrolled as an Advocate and joined the Bar in the year 1968. He had been appointed as an Additional...
‘Practising Christian, Not A Scheduled Caste Member’: Kerala High Court Annuls CPM MLA A Raja's Election From Reserved Constituency
The Kerala High Court on Monday declared CPM candidate A. Raja's 2021 election from the Devikulam Assembly constituency as void. Justice P. Somarajan said Raja is not a member of 'Hindu Parayan' within the State of Kerala and thus not qualified to be chosen to fill the Devikulam Assembly constituency that had been reserved for Scheduled Caste among Hindus.Factual MatrixThe petitioner, D....
[Kerala Wetland Act] Property Cannot Be Termed 'Paddy Land' For Sole Reason That It Is Lying Fallow: High Court
The Kerala High Court recently reiterated that a property cannot be termed as paddy land under the Kerala Conservation of Paddy Land and Wetland Act, 2008 for the sole reason that property is lying as fallow. The court observed that the Revenue Divisional Officer must also be satisfied that the land is suitable for paddy cultivation apart from it being fallow, for it to fall under the...
Media Or Govt Agencies Have No Right To Peep Into Private Lives Of Citizens Without Any Valid Reason: Kerala High Court Slams Online Media Channels
The Kerala High Court recently came down heavily on certain online media channels for broadcasting private moments of a woman and said it is disheartening to note that some online news channels "are in the habit of publishing sleaze more than news."A single bench of Justice VG Arun while criticising the recent media trend of publishing private content of individuals in the name of...
False Promise Of Marriage: Kerala High Court Refuses To Quash Rape Case, Says Accused Obtained Consent Only For Sexual Relations
The Kerala High Court recently refused to quash the criminal proceedings that had been initiated against a person for allegedly raping a woman under the false promise of marriage, on the ground that the facts prima facie established that he had never intended to marry her.Justice K. Babu perused Section 90 of the Indian Penal Code which refers to the expression 'consent', and noted that for...
Kerala High Court Refuses To Interfere With Trial Court's Order For In-Camera Proceedings In Koodathayi Murder Case
The Kerala High Court on Monday refused to interfere with the order of the trial court that directed proceedings to be held in-camera in the trial for the murder of Roy Thomas, where his wife Jolly Joseph is the prime accused.A single bench of Justice Bechu Kurian Thomas said,"Unless the applicant is able to show that prejudice has been caused on account of the order directing...
Plea Filed In Kerala High Court Against Water Authority Alleging Trespass, Erection Of Hoarding On Private Property
The Kerala High Court has sought response of the local authority on the plea of a Kochi resident accusing the Water Authority of trespassing on his private property and putting up hoardings thereon.Justice Shaji P. Chaly directed the Tahsildar of Kanayannur Taluk in Ernakulam to file the report within three weeks.The 53 years old petitioner claims to be the owner in possession of 8.1 Ares...
Kerala High Court Weekly Round-Up: March 13 To March 19, 2023
Nominal Index [Citation: 2023 LiveLaw (Ker) 131-143]Anil MP v Capital Finserv Ltd 2023 LiveLaw (Ker) 131Haseeb O.P. v. Muhammas Sufiyan & Ors. and other connected matters. 2023 LiveLaw (Ker) 132George Kurian @ Pappan v. State of Kerala & Anr. 2023 LiveLaw (Ker) 133Haris and Others v State of Kerala and Another 2023 LiveLaw (Ker) 134The Village International School & Anr v. State...
Kerala High Court Asks Centre To Consider Allowing Vehicles To Pass Without Paying Toll During Busy Hours
The Kerala High Court on Friday asked the Centre to consider allowing vehicles to pass through toll booths without paying toll during busy hours of traffic when the queue of vehicles is long.A division bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen asked the Union Government to consider giving retrospective effect to the Policy Circular dated 24.5.2021 of the...
When Loan Has Been Repaid, Bank Can't Withhold Title Documents Merely Because Borrower Transferred Mortgaged Property : Kerala High Court
The Kerala High Court on Friday held that a bank could not retain the security documents related to a mortgaged property if the loan amount has been paid in full by the borrower, merely because during term of the mortgage, it was alienated to a third party by the borrower. A single bench of Justice Shaji P Chaly held that : “merely because the property was transferred by the petitioner...