Kerala High Court
Vehicle Owners Cannot Be Penalised For Glazing Windows With Plastic Film If They Conform To Stipulated Standards & Specifications: Kerala HC
The Kerala High Court held that motor vehicles cannot be penalised for using Safety Glass or Safety Glazing including glazing with plastics in their windscreens or window glasses if they comply with stipulated standards and specifications.The Court was considering whether motor vehicle owners using safety glazing complying with the Standards of Visual Transmission of Light (VLT) as per Rule...
Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. He was booked under Section 23(1) Prevention of Children from Sexual Offences Act (POCSO Act) for making comments against the children in '24 News' channel. The Court said that at the time of making of the...
Kerala HC Invokes 'Parens Patriae' Jurisdiction To Protect Vulnerable Minors, Allows Mother To Take Children To UAE Without Father's Consent
The Kerala High Court has permitted a mother to take her minor children to UAE by invoking its parens patriae jurisdiction. The Court stated that constitutional courts can invoke parens patriae jurisdiction to protect the rights of vulnerable adults and minors. A petitioner mother has approached the Court seeking permission to take her children to the UAE to obtain permanent residency, as...
Malayalam Cine Actor Baburaj Approaches High Court Seeking Anticipatory Bail In Rape Case
Malayalam movie actor Baburaj has moved an anticipatory bail application before the Kerala High Court in connection with a rape and sexual harassment case lodged against him at the Adimali police station in Idukki.The matter came before Justice C. S. Dias and the Court has sought instructions from the Government. The complainant has come forward with the allegation after publication of...
Actor Jayasoorya Moves Kerala High Court For Anticipatory Bail Amid Sexual Harassment Allegations
Prominent Malayalam film actor Jayasroorya has approached the Kerala High Court seeking anticipatory bail in connection with sexual abuse allegations made against him after publication of the Justice Hema Committee Report.Jayasroorya apprehends arrest under Section 354 A (sexual harassment and punishment for sexual harassment) and Section 354 D (stalking) of IPC. Crime was registered against...
Tourist Buses Not Allowed To Pick Up And Drop Off Passengers Like A Stage Carriage: Kerala High Court
The Kerala High Court held that tourist buses operating as contract carriages have a prior contract between the passenger or a group of passengers and the operator and they cannot pick up and drop off passengers enroute their journey when those passengers are not included in its prior contract.Contract carriage vehicles operate for a hired/fixed amount under an express or implied contract...
Kerala HC Quashes Criminal Case Against Mathrubhumi TV Employees For Conducting Sting Operation; Says No Malafide Intention
The Kerala High Court has quashed criminal proceedings initiated against the reporter and other employees of Mathrubhumi TV News and Press in connection with a sting operation done by the channel. The Court held that the case can be quashed as there is no allegation that there was any personal malice or prejudice against the individual concerned.Background of the CaseThe reporter conducted...
Notification For Recruitment Can Only Be For Actual And Anticipated Vacancies, Not Future Vacancy: Kerala High Court
The Kerala High Court has held that a public authority, while calling for recruitment can only notify vacancies that are existing or anticipated, but not for future vacancies. The Court also added that an authority can resort to recruiting beyond the notified vacancies only in rare and emergent situations.The decision was pronounced by a Full Bench of Kerala High Court consisting of...
Kerala High Court Grants Anticipatory Bail To Film Director VK Prakash In Sexual Harassment Case But Permits Police To Interrogate Him
The Kerala High Court today granted anticipatory bail to Film Director VK Prakash in connection with sexual abuse allegations made against him after the publication of the Justice Hema Committee Report.Prakash is apprehending arrest under Section 354 (outraging modesty) and 354 A (sexual harassment and punishment for sexual harassment) of IPC. Justice C S Dias allowed the bail application...
Plea In Kerala High Court Challenges Formation Of Justice Hema Committee, Questions State's Legislative Competence
A writ petition has been filed before the Kerala High Court challenging the formation of Justice K. Hema Committee by the government. The petitioner sought a declaration from the Court that the formation is unconstitutional and prevents any further action on that report. The petitioner further sought the Court to direct the State to form a committee on the terms in accordance with the...
[S.14A Foreigners Act] Foreigners Who Overstay After Expiry Of Documents Cannot Be Treated As Infiltrators: Kerala High Court
The Kerala High Court observed that foreign nationals who entered India with valid visas and passports and continued their stay after the expiry of these documents cannot be treated as infiltrators under Section 14A of the Foreigners Act. The Court thus quashed the proceedings initiated against four foreign nationals under Section 14 A of the Foreigners Act.Justice Bechu Kurian Thomas ...
Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers any loss due to the negligence...