'You Can't Shunt Him For Keeping Water Bottles, Shocks Conscience': Kerala High Court On KSRTC Driver's Transfer Over Bottle Row

The Kerala High Court on Thursday (October 16) orally observed that the transfer of Kerala State Road Transport Corporation (KSRTC) driver Jaimon Joseph, who came to limelight following 'bottle' row, has shocked its conscience. The controversy relates to transfer of driver, after the State Transport Minister, K.B. Ganesh, stopped the bus on its route and found it to be in an 'unclean...

'Imminent Danger To Citizens': Kerala High Court Expresses Alarm Over Periyar River Pollution, Slams Centre–State Rift For Delaying Cleanup

The Kerala High Court on Thursday expressed concern over the continuing pollution of the Periyar river and the apparent lack of coordination between the Union and State Governments.The division bench of Justice Devan Ramachandran and Justice M B Snehalatha while considering a batch of petitions concerning the pollution of Periyar river noted that the situation had reached an...

No 'Inflexible Rule' Of Holding Test Identification Parade In Every Case To Rely Upon Identification Made By Witness: Kerala High Court

The Kerala High Court has observed that there is no stringent rule which requires holding of a test identification parade (TIP) in every case in order to rely upon an identification made by a witness.A division bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed: “There is no inflexible rule that, in order to rely upon an identification made by...

Violation Of Mandate U/S 53A & S.38 Abkari Act Gives Benefit Of Doubt To Accused: Kerala High Court

The Kerala High Court has recently held that when there is a violation of the mandate under Sections 53A and 38 of the Abkari Act, the accused is entitled to the benefit of doubt. The Court was considering an appeal preferred by two persons, who were convicted of the offence under Section 8(2) of the Act.Justice Johnson John observed: “As noticed earlier, in this case, there is violation of...

Debate For Women's Reservation In Judiciary Undermines Merit Of Judges Like Justice CS Sudha: KHCAA President

The Kerala High Court on Wednesday (October 15) bid farewell to Justice CS Sudha, who is set to assume office at the Delhi High Court following her transfer.On Tuesday, the Central Government notified the transfer of 11 high court judges including that of Justice Sudha. During the farewell reference function organized at the high court, Justice Sudha stated that she bids farewell to Kerala...

“Descriptive & Generic”: Kerala High Court Sets Aside Injunction Granted Over Use Of 'Metal Industries' Trademark

The Kerala High Court has recently set aside an injunction granted to government company Metal Industries Limited against use of trade mark 'Metal Industries' after noting that the words metal and industries are generic and descriptive.Even though the company was the registered owner and long-term user of the trade mark 'Metal Industries', Justice C. Pratheep Kumar found that there was no...

Family Courts Must Evaluate Oral Evidence In Background Of Normal Human Behaviour Without Generalising Or Stereotyping: Kerala High Court

The Kerala High Court in a recent judgment held that family courts must avert to evaluation of testimonies in the background of normal human behaviour without generalisation or stereotyping when there is hardly any evidence other than oral evidence. It further held that Family Courts should also weigh the oral evidence and resort to preponderance of probabilities.The Division Bench of...

Centre Notifies Transfer of Justice C S Sudha From Kerala To Delhi High Court

The Centre has notified the transfer of Justice C S Sudha from Kerala High Court to Delhi High Court under the power conferred under Article 222 of Constitution. She began her judicial career in 1995, and in 2021 was sworn in as an Additional Judge in the Kerala High Court. On September 2, 2023, she was appointed as a Permanent Judge of that High Court of KeralaJustice J. Nisha Banu, of ...

[SARFAESI Act] HC Cannot Interfere In Commercial Matters When Relief Is Available Before DRT: Kerala High Court

The Kerala High Court reaffirmed that the interference of the High Court in commercial matters under Article 226 was not maintainable when an effective statutory remedy is available before the Debts Recovery Tribunal (DRT) under Section 17 of the SARFAESI Act.The Division Bench comprising Justice Anil K Narendran and Justice Muralee Krishna S were delivering the judgment in a writ appeal filed...

Kerala High Court Sets Aside Injunction Against Forcible Possession Of Elephant Obtained By Suppressing Material Facts About Earlier Cases

The Kerala High Court recently passed a judgment setting aside an ad-interim injunction granted against the defendants from taking forcible possession of an elephant in the plaintiff's custody after noting that the impugned order was obtained through suppression of material facts regarding earlier litigation.Justice M.A. Abdul Hakhim further opined that since the plaintiff came before court...

Kerala High Court Issues Notice On VHP's Plea Seeking CBI Probe Into Sabarimala Gold Loss, Auditing Of Precious Articles In Other Temples

The Kerala High Court on Monday (October 13) issued notice on a plea filed by Viswa Hindu Parishad seeking CBI inquiry into Sabarimala gold loss case. The petitioner organisation has also sought directions to the four devaswom boards (Travancore Devaswom Board, Cochin Devaswom Board, Malabar Devaswom Board and Guruvayur Devaswom Board) to conduct an exhaustive and comprehensive auditing...

Haal Movie: Kerala High Court To Hear On Friday Producer's Plea Against CBFC Direction To Cut Scenes With Beef Biriyani, Burqa

The Kerala High Court on Tuesday (October 13) orally told that it was prepared to hear the plea preferred against the grant of A certification given by the Central Board of Film Certification (CBFC) to Shane Nigam starrer movie 'Haal'.The producer and director of the film had preferred the plea challenging the Revising Committee's decision to cut around six scenes in the film, including a...