Don't Involve Police Stations In Children's Custody Arrangements: Kerala High Court Tells Family Courts

The Kerala High Court directed Family Courts to not involve police stations in custody arrangement of children. The Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha made this order after noticing order of a family Court directing the parents to exchange the child at police custody as the interim custody arrangement.The same Bench had earlier ordered that children involved...

Essential Requirements To Complete Gift Deeds Under Transfer Of Property Act Would Also Apply To Settlement Deeds: Kerala High Court

The Kerala High Court has held that the requirements to complete a Gift deed provided under Transfer of Property Act would also apply to a settlement deed, even though there is a slight difference between the two. For context, Section 122 of the Transfer of Property Act pertains to Gifts and states, "Gift is the transfer of certain existing moveable or immoveable property made voluntarily...

Pendency Of Suit Over Respondent's Right On Shared Household Not A Bar To Order His Removal Under Domestic Violence Act: Kerala High Court

The Kerala High Court held that the pendency of a civil suit concerning the title on a property is not a bar on giving an order under Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005 (DV Act) to direct the alleged aggressor to remove himself from the shared household. Justice C. Jayachandran ordered thus in a challenge against the Sessions Court order which refused...

S.14 SARFAESI Act | Magistrate Can't Exercise Adjudicatory Powers In Proceedings To Take Possession Of Secured Asset: Kerala High Court

The Kerala High Court has reiterated that the Chief Judicial Magistrate (CJM) cannot exercise adjudicatory powers in the proceedings for securing assets under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) 2002. Section 14 of SARFAESI Act states that Chief Metropolitan Magistrate or District Magistrate is to...

Kerala High Court Finds Appointment Of VC Of Kerala University Of Digital Sciences Unsustainable, Allows Her To Complete Term

The Kerala High Court recently held that the appointment of Dr. Ciza Thomas as the Vice Chancellor of Kerala University of Digital Sciences Innovation and Technology was unsustainable. Justice P. Gopinath ordered thus in a petition filed by the State challenging the appointment. The appointment was made by the then-Chancellor of the University and former Governor of the State, Arif Mohammad...

Excise Officers Deputed To Inspect Private Distilleries Not Doing 'Additional' Duty, Must Be Given Full Pay By Distilleries: Kerala High Court

The Kerala High Court held that private distilleries are liable to pay full pay and allowances of the excise officers deployed to supervise the manufacturing of liquor and allied activities.The case only concerned those Inspectors deputed to supervise the distilleries who were given the additional charge of the Excise Inspector of the respective Excise Range. The Single Judge had earlier...

'I Want My Fundamental Right On MG Road' : Kerala High Court Directs Authorities To Keep Cochin City Ready To Face Monsoon

While hearing a Writ Petition, the Kerala High Court on Tuesday (May 20) emphasised on the importance of preparing the city of Ernakulam for the onset of the monsoon season.The Court noted that the onset of monsoon in Kerala presents a unique situation when inundation is expected.The Court also highlighted the importance of the restoration of footpaths in Ernakulam City, especially those in...

Prescribing Medicine Over Phone Is Not Criminal Negligence If Similar Course Of Action Would Be Taken By Other Medics: Kerala High Court

The Kerala High Court recently held that the action of a doctor, administering treatment over the telephone a patient, who later succumbed to his illness, would not amount to criminal negligence.Justice G. Girish passed the order in the Criminal Miscellaneous Case preferred by the doctor, who was charged under S. 304A of the Indian Penal Code, challenging the criminal proceedings...

'Criminal Law Seeks To Reform': Kerala High Court Questions Non-Publication Of 10th Standard Results Of Students Involved In Shahabas Murder Case

The Kerala High Court on Tuesday (20th May) enquired of the State about how it can delay publishing the 10th standard result of children allegedly involved in the murder of 15-year-old Shahabas.“How can you delay or deny publishing results?... Why should they even have to move the Child Rights Commission? Under what authority are you refusing to publish the results? Publishing the results...

'Unsustainable In Law, Non-Adherence To Procedure': Kerala High Court On Ex-Guv's Appointment Of VC To APJ Abdul Kalam Technological University

The Kerala High Court on Monday (19th May) held that the appointment of Dr. K. Sivaprasad by the former Governor Arif Mohammed Khan to the post of temporary Vice Chancellor of APJ Abdul Kalam Technological University was” not sustainable in law”. The appointment was made in November 2024 by the Governor who also holds the post of ex-officio Chancellor of the University. Justice Gopinath...

Can't Tolerate Experimentation In Litigation: Kerala High Court Raps Party For Filing Case Without Disclosing Earlier Matter Seeking Same Relief

The Kerala High Court recently imposed an exemplary cost of ₹20,000 against the petitioner in a Criminal Miscellaneous Case for filing a second Crl.M.C. through another counsel while the first one, seeking the same relief, was still pending before the Court.Justice S. Manu passed the order while hearing the first Crl.M.C. filed by the petitioner in the case. The Public Prosecutor informed...

Strict Distinction Between Residential And Non-Residential Areas Is Challenging In Era Of Rapid Urbanisation: Kerala High Court

While dismissing a plea against the alleged increased commercialization of a residential colony in Kochi, the Kerala High Court held that such strict distinction between residential and non-residential areas is increasingly challenging in the context of rapid urban development.Justice P. M. Manoj in his order observed: “In the context of globalization and rapid urban development,...