Kerala High Court
'Nip It In The Bud': Kerala High Court Issues Directions For Prompt Reporting Of Malpractices In Temples, Including Sabarimala
The Kerala High Court on Friday (January 29) issued guidelines for the effective and prompt reporting of the lapses, misconduct and malpractices in the religious institutions under the Travancore Devaswom Board.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition initiated on the basis of the report of the Sabarimala Special Commissioner relating to the submission of periodical status report of the Chief Vigilance Officer of the...
Pulsar Suni Approaches Kerala High Court Challenging Conviction & Sentence In 2017 Actress Assault Case
Sunil N S also known as Pulsar Suni, the first accused in the 2017 actress abduction and rape case has approached Kerala High Court challenging his conviction and sentence imposed by the Sessions Court, Ernakulam.The Sessions Court has found him guilty of offences punishable under Section 120B (criminal conspiracy) read with Sections 342 (wrongful confinement), 354 (outraging modesty), 354B (assault on woman with the intention to disrobe), 357 (assault), 366 (abduction) and 376D (gang rape) of...
'Malikhana' Distinct From 'Privy Purse': Kerala High Court Rejects Challenge To Zamorin Raja's Allowance; Cites Article 363 Bar
The Kerala High Court has dismissed a writ petition challenging the grant of Malikhana allowance to a member of the Zamorin royal family, holding that disputes relating to rights arising from pre-Constitution covenants are barred from judicial scrutiny under Article 363 of the Constitution Of India.A Division Bench comprising Justice Raja Vijayaraghavan V and Justice KV Jayakumar further held that the petitioner lacked locus standi to maintain such a challenge and...
Permission To Cultivate Non-Paddy Crops Doesn't Authorise Land Conversion Or Tenure Change: Kerala High Court
The Kerala High Court has held that an order issued under Clause 7 of the Kerala Land Utilisation Order, 1967 (KLU Order), even if it permits cultivation of crops other than paddy, cannot be construed as permission under Clause 6(2) for conversion of land or for alteration of land tenure in revenue recordsJustice P M Manoj was delivering a judgment in a writ petition in which the petitioner claimed that an order issued under Clause 7 of the KLR Order would constitute a valid permission under...
Bar Association Not 'Employer', Can't Constitute Internal Complaints Committee As Per POSH Act: Kerala High Court
The Kerala High Court recently held that the constitution of an Internal Complaints Committee (ICC) by the Kollam Bar Association was against the objective and requirement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act].Justice P.M. Manoj reasoned that a bar association is not an 'employer' within the meaning of the Act and therefore, the ICC constituted is not in accordance with the Act. It observed:“The only mention with respect to...
Kerala High Court Directs Devaswom Board To Expedite Construction Of Biogas Plant & Gas Cylinder Storage Plant In Sabarimala
The Kerala High Court on Wednesday (January 28) directed the Travancore Devaswom Board and the State government to take steps to expedite the construction of a biogas plant and a storage plant for gas cylinders in Sabarimala.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order while considering a suo motu petition based on the Special Commissioner's report.In its order dated 8th October, the Bench had observed that construction of a biogas...
High Courts Work Even On Holidays, Denial Of Compensatory Leave To Its Officers Illegal, Violates Article 229: Kerala High Court
The Kerala High Court on Wednesday (January 28) held that denial of compensatory leave to the Gazetted Officers of the High Court is illegal, arbitrary and violative of Article 229 of the Constitution.Justice N. Nagaresh observed: “In High Court, the functional realities are materially different from other Government Departments. Administrative and judicial work continues even during major holidays such as Onam and Christmas. Even during holidays, vacation sittings are held, which require the...
Telling Someone 'Go Away And Die' In Heat Of Quarrel Doesn't Amount To Abetment Of Suicide: Kerala High Court
The Kerala High Court has reiterated that casual or angry utterances made during a quarrel, without the requisite mens rea, do not amount to abetment of suicide under Section 306 of the Indian Penal Code.Justice C Pratheep Kumar, was delivering the judgement in a criminal revision petition against a Sessions Court order rejecting the application for discharge. The Session Judge has also...
Confession Made To Police Can't Be Used Against Co-Accused Without Independent Evidence: Kerala High Court Acquits Man In Theft Case
The Kerala High Court has reiterated that a confession made to the police by one accused cannot be used to convict a co-accused in the absence of an independent incriminating evidence.Justice M B Snehalatha was delivering a judgment in a criminal revision petition filed by the second accused in a theft case. The petitioner challenged the conviction and sentence for the offence punishable...
'At Least Final Report Should Be There': Kerala High Court Says FIRs In Other Rape Cases Not Antecedents Against MLA Rahul Mamkootathil
The Kerala High Court on Wednesday (January 28) reserved its verdict in the anticipatory bail plea preferred by Palakkad MLA Rahul Mamkootathil in rape and miscarriage case.Subsequent to the registration of the present crime, two other complaints alleging him of rape have been filed by two different women, which the prosecution argued has to be taken as criminal antecedents.Dr. Justice...
Kerala High Court Closes Pleas Against Sprinklr Deal, Says There Was No Data Sharing By State
The Kerala High Court on Wednesday (28 January) closed a batch of writ petitions which questioned the data confidentiality of the State government's agreement with US-based data analytics firm Sprinklr Inc. for managing COVID-19 related data.The division bench comprising Justice Soumen Sen and Justice Syam Kumar V M, confirmed the earlier directions issued by a division bench of the Court...
POCSO Act | False 'Sexual Harassment' Allegation Won't Attract Prosecution Under Section 22: Kerala High Court
The Kerala High Court has held that a prosecution for making a false complaint under Section 22 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is maintainable only if the alleged false information relates to offences under Sections 3 (penetrative sexual assault), 5 (Aggravated Penetrative Sexual Assault), 7 (Sexual Assault) or 9 (Aggravated Sexual Assault) of...