Kerala High Court
[POCSO] Kerala HC Orders Against Disclosure Of Reports Of DNA Profiling Done On Brother Of Minor Victim Without Consent/Permission Of Court
The Kerala High Court recently directed the State not to disclose the reports of DNA profiling done on a person, whose blood sample was collected without his consent or the permission of the jurisdictional court. The petitioner, who is the brother of the victim girl, was alleged to have committed sexual assault on the latter, and thereby alleged to have committed under Sections 376 &...
“Insult To Motherhood”: Kerala High Court Denied Anticipatory Bail To Mother of Minor For Facilitating Rape By Stepfather.
The Kerala High Court dismissed the anticipatory bail application of the mother of a minor daughter for facilitating the stepfather to commit rape and sexual assault on the minor child.Justice Gopinath P. observed that the allegations against the mother, if proved true, were an insult to the motherhood. The Court also noted that since biological mother was arrayed as an accused, she might be in...
Kerala High Court Weekly Round-Up: October 2 - October 8, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 531-547] The Ramapuram Regional Service Co-Operative Bank v State of Kerala 2023 LiveLaw (Ker) 531NBCC India Ltd. & Anr. v. Joshy Varghese and connected matter 2023 LiveLaw (Ker) 532Mallika v. Sree Mutharamman Temple Trust & Anr. and connected matter 2023 LiveLaw (Ker) 533Gugulloth Lakshman IPS v. State of Kerala & Anr. 2023 LiveLaw...
Vehicle Cannot Be Seized Under Kerala Conservation Of Paddy Land Act Without Specific Allegation Of Use For Contravention: High Court
The Kerala High Court recently laid down that as per Section 19 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter, 'the Act, 2008'), a vehicle could be seized only when it is used or deemed to have been used for any activity in contravention of the provisions of the Act. Justice Bechu Kurian Thomas, explained that this was because seizure is a drastic power which...
Kerala High Court Asks Lawyers To Attach Order Passed In First Instance With Revision Petitions, Asks Registry To Be Vigilant
The Kerala High Court has held that filing revision petitions without attaching the order passed in first instance is in total violation of the High Court's Practice Rules.It has ordered all lawyers and litigants to ensure that when Revisions, Criminal Revision Petitions, Original Petitions are filed, it must also contain the certified copy of orders passed in the first instance.A Division...
Govt May Conduct Own Enquiry To Determine Suitability Of Character For Public Employment Despite Acquittal In Criminal Case: Kerala High Court
The Kerala High Court observed that despite acquittals in criminal cases, when the government was unable to form an opinion regarding the character and antecedents of a person, then it can conduct an independent and separate enquiry to assess the character of the candidate.Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen observed that the government cannot disqualify a candidate...
Kerala High Court Allows Life Convict To Pursue LLB Course; Permits Admission Through Online Mode
The Kerala High Court on Friday directed the authorities of the KMCT Law College to complete the admission process to the 3-Year LL.B. Course in online mode, for a convict serving life imprisonment at Open Prison and Correctional Home, Cheemeni, Kannur. The Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Dr. Justice Kauser Edappagath directed the wife of the convict to...
Kerala High Court Seeks State's Response On Medical Aspirant's Plea Declared Unfit Due To Locomotor Disability
The Kerala High Court has sought response from State government on the plea moved by a 19-yr-old medical aspirant with locomotor disability, denied admission to pursue MBBS Course."It must be borne in mind that, what we are dealing with is the life of a person, whose ambitions will be killed, solely because she is found to be ‘disabled’. It requires empathy and concern before a person can...
What Action Can Be Taken Against Persons Deliberately Posting Bad Reviews Of Films? Kerala High Court Asks Police Chief
The Kerala High Court on Friday sought inputs from the State Police Chief (SPC) on how individuals associated with a movie could file complaints against activities aimed towards denigrating and tarnishing a movie, so as to trigger a proper investigation.The bench also sought to know the consequences flowing therefrom, both under penal law, as well as under the laws relating to...
Kerala HC Acquits 4 BJP Activists Convicted For CPI(M) Worker's Murder In Jail, Criticises Housing Of Prisoners Based On Political Allegiance
The Kerala High Court has acquitted four of nine BJP activists who were convicted for committing the murder of a CPI(M) worker due to political rivalry, while they were all lodged in Central Prison at Kannur, serving their sentences in a different case.The bench of Justice P.B. Suresh Kumar and Justice P.G. Ajith Kumar observed that prisons are meant for reformation of detainees and not...
Unreasonable To Expect Documentary Evidence For Money Exchanged Between Parties At Time Of Marriage: Kerala High Court
The Kerala High Court has ordered the return of patrimony amount given by a woman's family to her husband at the time of their marriage, irrespective of the fact that there was no documentary evidence to prove the source of money or the handing over of money.Justice Anil K Narendran and Justice Sophy Thomas observed that in matrimonial cases, documentary evidence cannot be insisted upon to...
'Why Channel's Equipments Seized By Police?' Kerala High Court Orders Return Of Devices Of 'Marunadan Malayali' Channel
The Kerala High Court on Thursday directed the Ernakulam Sessions Court to return the electronic equipment of Marunadan Malayali Channel, that was seized in connection with a case against its Editor.The equipment were seized by the police in connection with a case pertaining to the broadcast of a news item against MLA Sreenijin, alleging mal-administration of Sports Hostel at the instance of...