Kerala High Court
Kerala High Court Directs Authorities To Take Immediate, Long-Term Measures To Prevent Flooding In Kuttanad Schools
The Kerala High Court on Thursday (July 31) directed the District Collector, Deputy Director of Education, Principal Agricultural officers, Tahsildars, Panchayat, Padasekhara Samithi and the Executive Engineer to take immediate action for resolving the issue of waterlogging in SNDP Higher Secondary School in Kuttanad district of Alappuzha.A division bench of Chief Justice Nitin Jamdar and...
To Curb Illegal Hill Extraction, Kerala High Court Directs NHAI To Mandate Display Of Permit Details, Redressal Contact In Project Area
The Kerala High Court on Wednesday (July 30) disposed of a PIL which sought a direction to the NHAI (National Highways Authority of India), MoEF (Ministry of Environment, Forest and Climate Change) and other authorities, to stop the unscientific and excessive soil extraction done in Chelannoor Village of Kozhikode in connection with the construction of National Highway from Kasargod...
Kerala High Court Stays Govt Order Allowing Euthanasia Of Stray Dogs; Stresses Need To Balance Human Rights & Animal Rights
The Kerala High Court has deferred the Government of Kerala's decision to implement euthanasia of stray dogs under the Prevention of Cruelty to Animals (Animal Husbandary Practice and Procedures) Rules, 2023.Justice C.S Dias, hearing a batch of writ petitions addressing the growing number of stray dog attacks in Kerala, issued a common order, staying clause 9 of the Government Order, which...
Plea In Kerala High Court Challenges Mandate Of GPS/ Tracking Devices In Heavy Vehicles
The partners of A2Z Motor Driving School have approached the Kerala High Court challenging Rule 151A of the Kerala Motor Vehicles Rules (KMV Rules), 1989 which mandates certain categories of vehicles with the exception of two-wheelers, e-rickshaws, three-wheelers, vehicles that do not require permit under under the Act, to be equipped with vehicle location tracking device (VLTD) and...
S.348 BNSS | Kerala High Court Refuses To Recall POCSO Victim For Further Examination To Change Evidence On Compromise
The Kerala High Court has recently held that the powers under Section 311 CrPC or corresponding Section 348 BNSS cannot be invoked to recall a POCSO or rape victim for further cross-examination for changing the evidence given during trial.Justice G. Girish reiterated the settled-position that the powers under Section 311 Cr.P.C. cannot be invoked in a routine manner, and can only be exercised...
Cheque Dishonor | If Accused Pleads Non-Service Of Notice U/S 138 NI Act, Burden Shifts On Complainant To Prove Knowledge: Kerala High Court
The Kerala High Court has reiterated that the service of notice on relative of accused, raising demand on dishonour of cheque, is not sufficient to initiate proceedings under Section 138 of the Negotiable Instruments Act, unless it is shown that accused had knowledge of such notice.In doing so the court reaffirmed the law on service of notice under section 138 as laid down by the high court...
Kerala High Court Directs Formation Of Management Unit, Public Feedback Mechanism For Conservation Of Ashtamudi Wetland
The Kerala High Court on Tuesday (July 29) directed the State government and the State Wetland Authority to constitute a specific unit for the conversation of Ashtamudi Wetland, namely, Ashtamudi Wetland Management Unit. Ashtamudi Lake in Kollam district is Kerala's second-largest wetland ecosystem. It is designated as a wetland of international relevance under the Ramsar Convention on...
Newspaper Publication Can't Substitute Formal Service Of Dismissal Notice On Employee: Kerala High Court
Kerala High Court held that mere publication of a news item in a newspaper regarding a worker's dismissal does not amount to formal service of the dismissal order and hence does not trigger the limitation under section 2A(3) of the Industrial Disputes Act, 1947.Justice K Babu, clarified the legal interpretation of the limitation period under the Industrial Disputes Act while setting aside...
'Even One Pothole Can Be A Killer': Kerala High Court Slams Authorities Over Road Conditions And Reckless Driving, Calls For Accountability
The Kerala High Court has come down heavily on government authorities over the deteriorating condition of roads and the increasing number of accidents in the State, particularly those involving heavy vehicles and reckless driving.Justice Devan Ramachandran was hearing the matter, which was taken up following a mention by the amicus curiae last week, highlighting a “spate of accidents”...
S.223 BNSS | Accused Must Be Heard Before Magistrate Takes Cognizance Of Offence Based On Complaint: Kerala High Court
The Kerala High Court recently held that a magistrate must give an opportunity of hearing to the accused person before taking cognizance of an offence based on a complaint. The Court found that this is a mandate under the proviso to Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Justice Badharudeen observed:“Thus, the crucial aspect of Section 223(1) is the first...
Kerala High Court Recommends Centre To Amend Criminal Procedural Law, Special Statutes To Effectively Prosecute Dissolved Companies
In a case concerning prosecution of a dissolved company accused of cheating various nursing aspirants of over Rs 100 crore, the Kerala High Court recommended to the Parliament to amend the criminal procedural law and if need be special statutes, for effective prosecution of dissolved companies.Justice A. Badharudeen in his order observed that Section 70 of PMLA Act does not distinguish a...
TP Chandrasekharan Murder Case: Kerala High Court Denies Parole To Life Convict For Attending Newborn's Rice Feeding Ceremony
The Kerala High Court has declined the plea for emergency leave preferred by the wife of Sijith @ Annan Sijith, who is presently undergoing life imprisonment in the T.P. Chandrasekharan murder case.T P Chandrasekharan, who was a member of the Communist Party of India, Marxist [CPI (M)], formed a new political party called the Revolutionary Marxist Party (RMP). To wreck vengeance for the loss...