Kerala High Court
Co-operative Arbitration Court Has Exclusive Jurisdiction To Adjudicate Election Disputes Of Co-operative Society: Kerala HC Dismisses Writ Appeal
The Kerala High Court has held that Co-operative Arbitration Court constituted under Section 70A of the Kerala Co-operative Societies Act, 1969 has the exclusive jurisdiction to deal with the procedure for adjudication of any dispute regarding election to the Board of Management of Society and not a writ court under Article 226 of the Constitution.Justice Anil K. Narendran and Justice...
Transfer Certificate Cannot Be Withheld Merely Citing Arrears Of School Fees: Kerala High Court
The Kerala High Court has declared that Transfer Certificate (TC) of a child cannot be withheld by a School merely because fees are due to the School."Imparting education is the primary duty of the State. The Transfer Certificate of a child cannot be withheld by a School because the fees are due to the School. Every child has a fundamental right to get an education," Justice Basant...
No Litigant Or Lawyer Has To Argue Before Court With Folded Hands; Judges Not Gods: Kerala High Court
"Usually the court of law is known as ‘temple of justice’. But there is no god sitting in the bench. The judges are doing their constitutional duties and obligations," the Kerala High Court remarked recently, in a case involving registration of FIR on a 51-year-old woman for allegedly abusing Police Inspector, as a suspected 'couterblast' to her complaint against him. Taking note that...
Kerala High Court Suspects Police Inspector Of Lodging 'Counterblast' FIR Against 51-Yr-Old Woman, Orders Inquiry
Suspecting foul play in the FIR lodged by a Police Inspector against a 51-yr-old woman for allegedly threatening and abusing him over the phone, the Kerala High Court has ordered the State Police Chief to inquire the facts that led to the FIR.The petitioner-accused, who had pleaded her case in person 'teary eyed' before the Court, was booked under Section 294(b) ('Obscene acts and...
Abusing Police Officer Over Phone Not An Offence U/S 294(b) IPC: Kerala High Court
The Kerala High Court has quashed the criminal proceedings initiated against a 51-yr-old woman accused of threatening and hurling abuses at a police officer over phone, upon finding that the same would not attract the offence under Section 294(b) ('Obscene acts and songs') of IPC, that she had been charged with.Justice P.V. Kunhikrishnan discerned that in order to attract the offence...
Failure To Question Accused U/S 313 Cr.P.C. Vitiates Entire Proceedings: Kerala High Court
The Kerala High Court on Monday laid down that the failure to question an accused under Section 313 (1) (b) of Cr.P.C. would vitiate the entire proceedings. Section 313 (1)(b) states that "in every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court shall, after the witnesses for the prosecution...
Accused Cooperative, Can't Impede His Right To Study Abroad Merely Because Police Have Not Submitted Final Report: Kerala High Court
The Kerala High Court on Thursday granted permission to a person accused of committing the offence punishable under Section 498A (Cruelty to woman by husband or his relative) IPC, to pursue higher studies in Australia, despite the police not having submitted the final report in the case. "...it is evident that, since the date of the surrender, he has been cooperating with the investigation...
Exorbitant Air Price Tickets To Gulf Countries: Kerala High Court Seeks Response Of Centre, Kerala Govt
A plea has been moved in Kerala High Court by the Managing Director of Safari Group Of Companies challenging the exorbitant airfares to Gulf Countries.Justice Devan Ramachandran has sought response from the Central and State Government regarding the exorbitant air ticket price hikes to Gulf countries. The Court also remarked that this was a serious issue requiring attention as it impacts...
No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court
The Kerala High Court has reiterated that the Limitation Act does not prescribe any statutory period for the victim to prefer an appeal against conviction under the proviso to Section 372 CrPC.Justice C.S. Dias relied upon the Division Bench decision in Sobhanakumari K. vs. Santhosh @ Pallan Shaji (2018) and observed thus:“In Sobhanakumari K. vs. Santhosh @ Pallan Shaji [2018 (1) KHC 195],...
[HMGA, Guardians & Wards Act] Mother Can Act As Natural Guardian Of Minor During Lifetime Of Father Who Is 'Absent': Kerala High Court
The Kerala High Court has held that a mother can validly execute a document on behalf of her minor children as their natural guardian even during the lifetime of the father, if he is not involved in the lives of the minors and was deemed as absent.Justice A. Badharudeen relied upon Section 6 (a) of the Hindu Minority and Guardianship Act (HMG) and the decision of the Apex Court in Gita...
[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint.Justice C.S. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court observed thus:“It is...
Courts To Pass Speaking Orders While Rejecting Discharge Application U/S 239 CrPC: Kerala High Court
The Kerala High Court on Monday laid down that a speaking order would have to be passed by the Court which considers and rejects an application for discharge under Section 239 of Cr.P.C. Justice N. Nagaresh, relied upon the Apex Court decision in Ghulam Hassan Beigh v. Mohammad Maqbool Magrey (2022), wherein the Court had observed that all that is required at the time of framing of charge is...