Convict Not Entitled To Emergency Leave For Giving Care To Pregnant Wife: Kerala High Court

The Kerala High Court has recently passed a judgment denying emergency leave to a life convict to give pregnancy care to his wife, who was two months pregnant. It opined that extraordinary powers under Article 226 of the Constitution cannot be exercised granting parole to those convicted of serious offences, forgetting about the interests of the victims. Justice P.V. Kunhikrishnan...

7 Years On, Kerala Yet To Frame Rules For Periodic Inspection Of Clinical Establishments: High Court Expresses Concern

The Kerala High Court has expressed concern over the State Government's failure to frame rules for conducting periodic inspections of clinical establishments, including government hospitals, even seven years after enactment of the Clinical Establishments (Registration and Regulation) Act, 2018.The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing ...

PIL Before Kerala High Court Seeks Peaceful Resolution Of Human-Wildlife Conflicts, Implementation Of CAG Recommendations

A public interest litigation (PIL) has been moved before the Kerala High Court by wildlife activist Angels Nair praying for peaceful resolution of wildlife conflicts in the State.The PIL also prays for the implementation of the recommendations dated 31.03.2022 made by the Comptroller and Auditor General (CAG) regarding preventive and mitigative measures in respect of Human Wildlife...

Fresh Judicial Inquiry Must Be Conducted To Determine Whether Accused Earlier Declared Mentally Ill Is Capable Of Defending Himself: Kerala HC

The Kerala High Court has issued detailed procedural guidance on how trial courts must handle the resumption of criminal proceedings against an accused previously found unfit to stand trial due to mental illness.“The mere assessment as to whether the accused is having mental illness or not, by referring the matter to the Mental Health Review Board, would not serve any purpose, unless...

NHAI Can't Force Public To Pay Toll If Highways Are Not Well-Maintained: Kerala High Court

The Kerala High Court recently observed that toll fees cannot be collected from the public when access to highway is hindered due to ill-maintained roads and consequent traffic congestion. It, therefore, suspended the toll collection in Paliyekkara Toll Plaza in Thrissur district for four weeks.The Division Bench of Justices A. Muhammed Mustaque and Harisankar V. Menon observed:"It is to...

'Dividend Is Company Discretion': Kerala High Court Questions Cheating Charges If Complainants In Fashion Gold Case Are Shareholders

The Kerala High Court on Thursday (August 7) orally asked if the offence of cheating under Section 420 IPC would be made out if the complainants in the Fashion gold case turned out to be shareholders of the four accused companies. Justice Bechu Kurian Thomas was considering the bail pleas of former MLA M.C. Kamarudheen and his business associate T.K. Pookoya Thangal, who respectively were...

Kerala High Court Stays Proceedings Against Actor Shwetha Menon In Obscenity FIR

The Kerala High Court on Thursday (August 7) stayed proceedings in FIR lodged against Malayalam actor Shwetha Menon for allegedly acting in movies and advertisements containing obscene and vulgar visuals for monetary gain. The interim order was passed by Justice V.G. Arun.While dictating the order the high court said:"I find prima-facie substance in the contention of the learned counsel for...

Actor Shwetha Menon Approaches Kerala High Court Seeking To Quash FIR Over Obscenity Allegations

Actor Shwetha Menon has approached the High Court of Kerala seeking to quash criminal proceedings initiated against her under allegations including obscenity and involvement in immoral activities. The petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, comes in the wake of an FIR registered at the Ernakulam Central Police Station (Crime No....

Procedural Irregularities By Police Officers During Search, Seizure Of Contraband Is Misconduct But Not Criminal Offence: Kerala High Court

Kerala High Court has quashed an FIR against a police officer accused of illegal search and bribery, holding that procedural irregularity in the matter of seizure of contraband alone, would not constitute an offence, even though it may attract disciplinary proceedings.Justice A Badharudeen, delivered the judgment and ruled that the FIR registered against the petitioner was unwarranted and...

No KVAT Levy On Advertisement Hoardings Where Right To Use Has Not Been Transferred: Kerala High Court

The Kerala High Court has held that transactions involving the display of advertisements on hoardings are not taxable under the Kerala Value Added Tax Act (KVAT), where the right to use has not been transferred. Justice Ziyad Rahman A.A. agreed with the assessee that the charges collected by the assessee for displaying the advertisement included the charges for erection, printing...

Cochin International Airport Ltd A 'Public Authority' Under RTI Act : Kerala High Court

The Kerala High Court has recently held that the Cochin International Airport (CIAL) is a public authority coming within the purview of the Right to Information Act, 2005.Dismissing the writ appeals preferred by CIAL challenging the decision of the Single Bench, the Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. observed as below:“…all the limbs...

Kerala High Court Closes Suo Motu Contempt Case Against Ex-MLA R Rajesh Over Alleged Facebook Post Against Judges

The Kerala High Court closed the contempt proceedings initiated against former MLA R Rajesh by allowing a discharge application, citing significant procedural violations in the initiation and conduct of the proceedings.The division bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar allowed the discharge application. The contempt case had been initiated by a single judge of the...