Kerala HC Clarifies : Judgment On Joint Family Abolition Act's Repugnancy With Hindu Succession Act Applies Only In Mitakshara Law Cases

The Kerala High Court recently passed an interim order correcting its judgment on succession under Hindu law, wherein it was held that Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act 1975 are repugnant to Section 6 of the Hindu Succession (Amendment) Act, 2005.The Court observed that it mainly dealt with the case governed by Mitakshara Law while pronouncing the...

Mandatory To Conduct 'Air Blank Test' To Ensure Breath Analyser Has 'Zero' Calibration Before Taking Sample : Kerala High Court

The Kerala High Court recently passed a judgment directing the Director General of Police (DGP) to issue necessary directions to the police officers of the State to mandate conduct of Air Blank Test and ensure that the calibration is at 'zero' before subjecting a person to the breathalyser test.Justice V.G. Arun observed, "it is essential to note that the purpose of conducting an Air Blank...

'AI Tools Not Be Used To Arrive At Judgments': Kerala High Court Issues Guidelines For AI Use In District Judiciary

Kerala High Court has issued a policy outlining guiding principles for the responsible use of Artificial Intelligence (AI) tools in district judiciary in the State.Recognising that while AI tools can be beneficial in many ways, there are also several negative consequences in AI use including privacy violations, data security risks and erosion of trust in judicial decisions, the Kerala High...

Kerala High Court Orders Police Protection During Calicut University Union Election Over Apprehensions Of Unrest

The Kerala High Court has recently allowed a plea to deploy police protection for the peaceful conduct of elections to the Calicut University Union, scheduled to be held on July 22. The writ petition was preferred by Shifana P.K., a Chairperson candidate of the election.According to the plea, the petitioner was being constantly threatened by certain members of the Student Federation of...

Preferring One Heir Over Another In Will Not Unnatural; Court Cannot Go On Roving Inquiry Into Testator's Intention: Kerala High Court

The Kerala High Court recently held that preferring a legal heir over another cannot be considered unnatural and does not make the execution of the Will suspicious. It also held that the first appellate court cannot, on its own, raise an issue of genuineness of a Will when there was no such pleading or issue raised before the trial court in the suit.Justice Easwaran S. was considering a...

Kerala High Court Quashes Defamation Case Against Dancers RLV Ramakrishnan, Ullas

The Kerala High Court recently quashed the criminal proceedings taken against Mohiniyattom dancers RLV Ramakrishnan and Ullas U. (accused persons/petitioner). The proceedings were initiated on the basis of a private complaint filed by Kalamandalam Sathyabhama before the Magistrate in 2018 alleging defamation.In the private complaint, it was alleged that the 1st accused Ramakrishnan...

Mortgagor's Right To Redeem Usufructuary Mortgage Not Time-Barred, Continues Till Decree Of Sale Is Passed During Foreclosure: Kerala HC

Kerala High Court reaffirmed the statutory sanctity of a mortgagor's right to redemption under a usufructuary mortgage, and provided clarification on several crucial provisions of property and civil law.Justice Easwaran S, delivered the judgment in a civil dispute between family members over property rights, mortgage redemption and partition. The Court examined the redemption of...

Duty Of Kochi Corporation To Make Commuters Comfortable: High Court Upholds Interim Direction To Construct Temporary Waiting Shed At Ro-Ro Jetty

The Kerala High Court recently dismissed a writ appeal challenging a single judge's interim order directing construction of a temporary waiting shed at the Roll-on Roll-of (Ro-Ro) Jetty at Fort Kochi.For context, the single judge had in its June 2 interim order directed the Kochi Municipal Corporation erect a temporary waiting shed at the Fort Kochi Ro-Ro Jetty, to accommodate at least...

Kerala High Court Issues Notice On Law Student's Plea Challenging MG University's Regulations Capping Litigation Internships To Two

The Kerala High Court on Friday (July 18) issued notice on a plea preferred by a law student challenging the regulations of the Mahatma Gandhi University, which caps the number of internships under trial and appellate advocates to two. The petitioner is a second-year student at Government Law College, Ernakulam, which is affiliated to the MG University.According to the writ petition, though...

How Do Political Parties Have Courage To Defy Judicial Orders? Kerala High Court Slams Rampant Illegal Hoardings

The Kerala High Court has come down heavily on political parties, trade unions and government authorities for the unchecked spread of illegal flex boards, banners, and flagpoles across the State. It stressed on the urgent need for a cultural shift in how public spaces are treated, lamenting the lack of accountability from those in power.“How political parties – who are affiliated to...

When Misconduct 'Grossly Unbecoming Of A Teacher' Is Proven, He Can Be Removed Even If Acquitted In Criminal Case: Kerala High Court

The Kerala High Court recently passed a judgment refusing to quash the disciplinary proceedings taken against a teacher after he was acquitted of an offence of sexual assaulting his student, as the witnesses turned hostile.The petitioner was a teacher in the respondent school who was accused of sexually assaulting his 9-year-old student. In the trial that ensued, the petitioner was acquitted...

Kerala High Court Orders Centre To Facilitate Repatriation Of Vipanchika's Mortal Remains From UAE, Child To Be Buried By Father In Sharjah

The Kerala High Court on Thursday ordered the Central government and the Consul General, India-UAE Embassy to take actions facilitating repatriation of Vipanchika Maniyan's mortal remains to India.The 32-year old woman was found hanging along with her one-year old daughter, in their residence in UAE's Sharjah.Her maternal aunt had approached the Court seeking diplomatic engagement in...