Kerala High Court
Professor At Statutory University Does Not Hold 'Public Office', Can't Be Subject To Quo Warranto: Kerala High Court
Kerala High Court recently dismissed a public interest litigation seeking a writ of quo warranto to quash the appointment of a professor of Mathematics department in the Cochin University of Science and Technology (CUSAT).The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. referred to the Allahabad High Court judgment [Dr. Neetu Singh v. State of U.P., Thru....
Lawyer Cannot Swear Affidavit On Behalf Of Client Unless Facts Are Within Personal Knowledge: Kerala High Court
The Kerala High Court has held that a lawyer for the plaintiff cannot file an affidavit on behalf of the plaintiff seeking production of documents. [2026 LiveLaw (Ker) 514]Justice Easwaran S delivered the judgement in an original petition. The case arose when the counsel appearing for the plaintiff produced certain documents on behalf of the plaintiff in a suit for partition. The...
Trial Court Cannot Set Aside Advocate Commissioner's Report After It Is Received In Evidence: Kerala High Court
The Kerala High Court has held that once an Advocate Commissioner's report and the evidence relating to it have been received in evidence, a trial court cannot subsequently set aside or strike off the report under Order XXVI Rule 10(3) of the Code of Civil Procedure (CPC). [2026 LiveLaw (Ker) 513]Justice Easwaran S. delivered the judgment in a petition challenging orders of the II...
Kerala High Court Seeks State's Response To Plea For Disbursal Of Mandatory Financial Aid For Treatments Post Sex Reassignment Surgery
The Kerala High Court on Thursday (September 17) sought the State's response to a transgender person's plea alleging that he was not disbursed with the financial aid stipulated for post-operative treatment after undergoing Sex Reassignment Surgery (SRS).When the matter came up today, Justice Bechu Kurian Thomas granted time to the government pleader to get instructions and posted the matter...
Delay In Domestic Violence Complaint Alone No Ground To Quash Proceedings: Kerala High Court
The Kerala High Court has held that mere delay in approaching a Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) cannot, by itself, be a ground to quash proceedings, particularly where the allegations include acts of domestic violence occurring at a later point of time. [2026 LiveLaw (Ker) 512]Justice Jobin Sebastian was delivering the...
Courts Releasing Illegally Arrested Accused Must Permit Same Day Re-Arrest After Compliance With Formalities: Kerala High Court
The Kerala High Court recently directed that courts, releasing an illegally arrested accused, must permit police to re-arrest accused on the same day after compliance with procedural formalities. [2026 LiveLaw (Ker) 506]Justice A. Badharudeen held:“all Criminal Courts shall ensure that while setting an accused at his liberty, finding his arrest as illegal, the Courts shall pass an order on...
Kerala High Court Calls For Monthly Compliance Report From Local Bodies On Steps To Curb Stray Dogs Issue
The Kerala High Court on Wednesday (September 16) directed the High-Level Monitoring Committee constituted by the State government to file monthly compliance reports on whether local bodies in Kerala have taken steps to curb the issue of stray dog attacks as per Supreme Court directions.The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. issued the order...
Kerala High Court Reserves Verdict In Suo Motu Case On Exorbitant Pricing Of Life-Saving Patented Drugs
The Kerala High Court on Wednesday (September 16) reserved its verdict in the suo motu petition relating to exorbitant pricing of patented life-saving drugs.Justice Harisankar V. Menon heard detailed arguments by amicus curiae Maitreyi Sachidananda Hegde, Advocates Joseph Kodianthra (Sr.) and Hemant Singh for Novartis, G. Shrikumar (Sr.) and Praveen Anand for Eli Lily Pvt. Ltd., Rahul Bajaj...
Mental Health Counselling Regulation: Kerala High Court Directs Centre To File Affidavit On Allied Healthcare Professionals Act
The Kerala High Court on Wednesday (16 September) directed that Union of India to submit an affidavit regarding the operationalisation of the National Commission For Allied and Healthcare Professionals Act, 2021(NCAHP). The NCAHP Act is enacted to regulate and maintain the standards of education and services by allied and healthcare professionals, assessment of institutions and provide...
Kerala High Court Grants Pre-Arrest Bail To Woman Accused Of Throwing Newborn Baby From Hospital Window, Says 'Intent' Not Shown
The Kerala High Court recently granted pre-arrest bail to a 20-year-old woman booked for attempted murder of newborn, who she threw out of the window after giving birth in the hospital bathroom. [2026 LiveLaw (Ker) 510]Dr. Justice Kauser Edappagath noted that there were no materials suggesting that the woman intended to cause the death of the child and that she did not have any...
Kerala High Court Grants Pre-Arrest Bail To Lawyer Accused Of Sexually Harassing Lady Advocate, Notes Prior Counter Case
The Kerala High Court recently granted anticipatory bail to a lawyer, who is accused of sexually harassing a lady advocate outside a Palakkad court. [2026 LiveLaw (Ker) 509]Dr. Justice Kauser Edappagath noted that a prior crime was registered against the complainant at the instance of the petitioner lawyer and went on to grant him bail. The Court was of the view that custodial interrogation...
Donor's Criminal Antecedents Can't Be Ground To Reject Organ Donation: Kerala High Court
The Kerala High Court has held that the criminal antecedents of a proposed organ donor cannot be considered as a reason to withhold papers relating to organ donation under the Transplantation of Human Organs and Tissues Act, 1994. [2026 LiveLaw (Ker) 507]Justice Harisankar V. Menon made the observation in a writ petition filed by a person suffering from chronic kidney disease and requiring...