Centre Notifies Appointment Of Adv AK Preeta As Kerala High Court Judge

The Central Government has notified the appointment of Advocate AK Preeta as an Additional Judge of the Kerala High Court.Union Law Minister Arjun Ram Meghwal announced it in a social media post.Although the Supreme Court Collegium, on April 14, had recommended Senior Advocate Liz Mathew along with Adv AK Preeta for Kerala High Court, the Centre has notified only one appointment.

Cheque Dishonor | Accused Can't Challenge Conviction After Pleading Guilty To Avoid Compensation: Kerala High Court

The Kerala High Court, in a recent decision, dismissed a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking to set aside the judgment of conviction in a cheque dishonour case.The petitioner before Justice C.S. Dias had pleaded guilty before the Magistrate, which sentenced him to undergo imprisonment till the rising of the court and to pay a compensation...

Cheque Dishonour | Civil Compromise Decree Doesn't Automatically Bar Section 138 NI Act Prosecution: Kerala High Court

The Kerala High Court recently clarified that existence of a compromise decree in a civil suit does not ipso facto render the criminal prosecution under Section 138 of the Negotiable Instruments Act non-maintainable.Justice C.S. Dias refused to quash the criminal proceedings initiated against the accused in a cheque dishonour case since only the civil court, and not the criminal court,...

Kerala High Court Issues Notice On PIL Against Mistreatment Of Captive Elephants During Thrissur Pooram, Other Temple Festivals

The Kerala High Court on Friday (April 24) issued notice to the parties in a public interest litigation seeking judicial intervention against the mistreatment of captive elephants during the Thrissur Pooram, which is scheduled to be held on April 26 this year.The vacation bench of Justice A.A. Ziyad Rahman and Justice K.V. Jayakumar admitted the PIL and the government pleader took notice on behalf of the State, the Principal Chief Conservator and Assistant Conservator of Forests, the Thrissur...

Failure To Supply Complaint To Accused, Denial Of Cross-Examination Vitiates POSH Inquiry: Kerala High Court

The Kerala High Court, in a recent judgment, held that failure to serve copies of complaint and other relevant documents and denying opportunity for cross-examination to the accused in a workplace sexual harassment complaint violates principles of natural justice.Justice M.B. Snehalatha was considering a writ petition challenging the report of the Internal Complaints Committee (ICC) that made adverse findings against the petitioners, which in turn, led to the passing of a termination order...

Grama Nyaylaya Can't Exercise Jurisdiction Over Maintenance Proceedings In Areas Where Family Court Is Established: Kerala High Court

The Kerala High Court has held that Gram Nyayalayas established under the Gram Nyayalayas Act 2008, cannot exercise jurisdiction over maintenance proceedings under Chapter IX Cr.P.C (pertaining to orders for maintenance of wife, children and parents) in areas where a Family Court has been established.In doing so the court held that since Family Courts Act which is a special law, has not...

Magistrate's Power Under S.204(4) CrPC To Dismiss Complaint Must Be Exercised Judiciously With Reasoned Orders: Kerala High Court

The Kerala High Court has held that the Magistrate's power to dismiss criminal complaints under Section 204(4) of Code of Criminal Procedure (CrPC) must be exercised judiciously and supported by reasoned orders rather than invoked mechanically.Justice Syam Kumar V.M. was delivering judgment in a criminal miscellaneous case, which challenged the dismissal of a complaint filed by the petitioner...

Magistrate Can Modify Or Vacate Own Injunction Order Under DV Act To Prevent Injustice: Kerala High Court

The Kerala High Court recently ruled that a Magistrate entertaining a petition under Section 12 of the Protection of Women from Domestic Violence Act (DV Act) has the power to review its order so as to rectify its mistake.In the criminal revision petition before Justice C. Pratheep Kumar, the petitioners had challenged the dismissal of an application to vacate an injunction order passed by...

Kerala High Court Grants Bail To Three Maoists Booked In 2016 Malappuram Arms Case, Cites Prolonged Incarceration

The Kerala High Court on Tuesday (April 21) granted bail to three Maoists, who are accused in the 2016 Malappuram Arms case relating to a large-scale arms training inside the reserve forest in Nilambur (Malappuram) by the members of proscribed terrorist organization CPI(Maoist).The Vacation Bench of Justice Gopinath P. and Justice P.M. Manoj granted them bail after noting that three...

Kerala High Court Allows Devaswom Minister To Convene Thrissur Pooram Review Meeting Amid Model Code Of Conduct

The Kerala High Court on Tuesday (21 April) permitted the State's Devaswom Minister to convene a coordination meeting for the upcoming Thrissur Pooram festival, while the Model Code of Conduct (MCC) for the general elections to the State Assembly remains in force.Justice S. Manu, allowed the writ petition filed by the State Government, and has imposed conditions in conduct of the meeting....

Probative Value Of Fingerprint Evidence Gets Eroded If Collected At Police Station Instead Of Place Of Recovery: Kerala High Court

The Kerala High Court recently held that the probative value of fingerprint evidence gets eroded if the same is collected at the police station instead of place of recovery in cases where there is no direct evidence.The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian acquitted a murder convict, who was found guilty by the Sessions Court on the basis...

PIL Moved Before Kerala High Court To Stop Cattle Markets Operating Without Roofs, Exposing Animals To Scorching Summer Heat

A public interest litigation has been moved before the Kerala High Court praying for stoppage of cattle markets operating without thatched roofs, in violation of the Livestock Market Rules.The PIL has been moved by Angels Nair, the Secretary of the NGO Animal Legal Force Integration, who has highlighted the situation of 'chilling cruelty' in the cattle market in Perumbavoor where cattle are...