Kerala High Court
Sharon Murder Case: Kerala High Court Says Validity Of Final Report Can Be Decided By Trial Court
The Kerala High Court today said that the validity of the final report submitted by the Deputy Superintendent of Police in the Sharon Raj murder case shall be considered by the Trial Court. The allegation is that the final report was prepared and submitted by the Deputy Superintendent of Police, who headed the special investigation team and not by an officer in charge of a police station as...
Organ Donation | Merely Because Donor Hails From Disadvantaged Social Background, Can't Presume There's Exploitation: Kerala High Court
The Kerala High Court recently held that the District Level Authorization Committee (DLAC) cannot deny authorization for organ donation based on an assumption that the donor was exploited as she was from a disadvantaged community. Justice Devan Ramachandran observed that DLAC cannot assume or presume based on the social status of the donor that the organ was not offered out of affection...
IBC| Mere Uploading Of Application U/S 96 Cannot Be Regarded As 'Filing' For Interim Moratorium To Operate: Kerala High Court
The Kerala High Court on Friday laid down that mere uploading of an application under Section 96 of the Insolvency and Bankruptcy Code (IBC), 2016, cannot be regarded as filing of an application for the interim moratorium to operate. Section 96 of IBC provides that when an application is filed under Section 94, an interim moratorium shall commence on the date of the application in respect to...
Preventive Detention Not To Be Used As Punitive Measure, But To Secure Public Order In Larger Interest Of Society: Kerala High Court
The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. "Dention order is a serious matter depriving liberty of the citizens. That means, except on valid grounds a person cannot be deprived of his liberty. The detention order, therefore,must reflect how...
Kerala High Court Directs Removal Of Offensive Facebook Post Of Ex-Judge Against Asianet News Editor
The Kerala High Court yesterday ordered the removal of the offending Facebook post made by former sub-court judge S Sudeep against the Executive Editor of Asianet News Network Sindhu Sooryakumar. The said post was made on July 03, 2023. Justice Mohammed Nias C.P. admitted the case and passed an interim order directing the State Police authorities and Meta Platforms Inc (parent company...
Kerala High Court Directs KELSA To Appoint Persons To 5 Vacant Posts In Permanent Lok Adalat Sanctioned By State Government
The Kerala High Court has directed the Kerala State Legal Services Authority (KELSA) to appoint persons to 5 posts, namely, Head Clerk, Bench Assistant, Clerical Assistant (Daily Wages), Confidential Assistant, and Office Assistant at the Permanent Lok Adalat, which had been sanctioned by the State Government vide its Order. Justice Devan Ramachandran passed the Order on being informed by...
Authorities Will Do Needful To Prevent Illegal Abandonment Of Newborn Babies : Kerala High Court
The Kerala High Court recently stated that the State Police Chief, District Police Chief (Rural) Kollam, Station House Officer (Kottarakara Police Station), and Secretary of Ummanoor Grama Panchayath (Valakom, Kollam) will do the needful to prevent the illegal abandonment of newborn babies in streets, especially at Bathani Chapel in Valakom, Kollam district.“As far as the prayers are...
Kerala High Court Asks 65-Year-Old Convicted For Causing Death By Negligent Driving To Do Community Service, Applies Probation Of Offenders Act
The Kerala High Court released a 65-year old man who was convicted for rash and negligent driving which led to the death of a person as per Section 4 of the Probation of Offenders Act (Act) on grounds of good conduct. He was convicted under Sections 279 and 304A of IPC.Justice G. Girish held that there was no legal embargo for the Court to invoke its power under the Act to release a person...
Even A Blank Cheque Leaf Attracts Presumption Under S.139 NI Act If Voluntarily Signed & Given Towards Payment : Kerala High Court
The Kerala High Court recently laid down that the presumption under Section 139 of the Negotiable Instruments Act (NI Act) that cheque has been issued in discharge of a debt or liability, would be attracted, even if a blank cheque is voluntarily signed and handed over as payment. Relying upon the decision in Bir Sing v. Mukesh Kumar (2019), Justice Sophy Thomas observed:"The onus to rebut...
Lawyer Moves Kerala High Court Seeking Protective Legislation For Safety Of Members Of Law Community
A plea has been moved before the Kerala High Court by a lawyer seeking protective legislation for ensuring the safety of members of the law community.Justice Devan Ramachandran yesterday remarked that the legal profession is a noble and dignified profession and enquired regarding instance of attack against lawyers within court premises. The Court has sought response from the Bar Council...
Complaint Seeking Refund Of Earnest Money Deposit Cannot Be Filed Before Local Self Govt Ombudsman: Kerala High Court
The Kerala High Court laid down that a complaint seeking refund of an amount deposited by way of earnest money deposit for participating in a public auction cannot be filed before the Ombudsman for Local Self Government. Relying on the decisions in John.A., Ansons Group Architects v. Chanagacherry Municipality & Anr. (2011), and Kulukkalloor Grama Panchayath v. Ombudsman for Local...
Kerala High Court Defers Recovery Of Disability Pension From 26-Yr-Old Suffering From 80% Mental Disability For 3 Weeks
The Kerala High Court on Thursday deferred the recovery of the disability pension amounting to Rs. 1,23,900/- from a 26-year old for a period of 3 weeks. Justice Devan Ramachandran also called for the records leading to the issuance of the impugned order by the Bhoothakulam Grama Panchayat directing the return of the disability pension drawn by the 1st petitioner, as well as the denial of...