Kerala High Court
Kerala High Court Monthly Digest: September 2023 [Citations: 441 - 530]
Nominal Index [Citations: 2023 LiveLaw (Ker) 441 - 530]Greik Xavier V Sub Inspector Of Police 2023 LiveLaw (Ker) 433Vinayakumar K.R. v. State of Kerala 2023 LiveLaw (Ker) 434Lalitha V Krishna Pillai 2023 LiveLaw (Ker) 435Dr Raju Antony V Kerala State Council For Science, Technology And Environment And Connected Cases 2023 LiveLaw (Ker) 436Biju Mathew & Anr. v. Deputy Superintendent of...
Village Panchayat Has Exclusive Power To Administer Anganwadi Matters: Kerala HC Quashes Appointments Made By Child Development Officer
The Kerala High Court recently quashed the appointment of two Anganwadi workers to the permanent post with the Kadapra Panchayat as illegal, since the appointments had been made by the Child Development Project Officer and not the Village Panchayat. Single Judge Bench of Justice Raja Vijayaraghavan V. perused Section 166 (2) Kerala Panchayat Raj Act, 1994, which provides that the...
Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court
The Kerala High Court recently held that a trial judge cannot wait until conclusion of trial to decide if the plaint has to be rejected, and added that such decision should be made solely on an assessment of the plaint under Order VII Rule 11 CPC.Justice Devan Ramachandran observed that Trial judge waiting for rejecting the plaint until trial was completed defeats the purpose of law laid...
Affixing Poster Of Political Party Symbol Like 'Lotus' On Electric Poll Not Necessarily Mischief, Wantonly Provoking Riot: Kerala HC Quashes FIR
The Kerala High Court has quashed the criminal proceedings initiated against a man for affixing poster of a lotus, which is a symbol of a political party, on an electric poll with gum. It was alleged that the accused caused a commotion near Annamkulangara Devi Temple and the Electricity Board had to spend Rs. 63 for removing the poster.Justice PV Kunhikrishnan observed that affixing a...
Can't Dilute Organ Transplant Rules For Individual Cases: Kerala High Court In Plea By Kidney Patients On Life Support
The Kerala High Court on Tuesday called upon the District Level Authorization Committee for Transplantation of Human Organs (DLAC) to decide if a 'Certificate of Altruism' was required to be obtained by petitioners, kidney patients who are presently on dialysis and other life support mechanisms.Justice Devan Ramachandran highlighted the importance of adhering to the legal requirements outlined...
Kerala High Court Invokes Parens Patriae Jurisdiction To Select Name Of Child Born To Warring Parents
In an interesting development, the Kerala High Court invoked its parens patriae jurisdiction to select the name of a child, caught in a dispute between her estranged parents with respect to what her name should be.Justice Bechu Kurian Thomas reasoned that attempting to resolve the dispute between the parents will cause inevitable delay and in the meanwhile, the absence of a name would not...
Court Can't Decide Whether Competition In Particular Sports Category Should Be Conducted Or Not, Prerogative Of State: Kerala High Court
The Kerala High Court stated that decisions such as if a competition has to be conducted in a particular category or not is a prerogative of the Government and has to be decided by a competent authority of the State.Justice Devan Ramachandran observed that the writ court under Article 226 cannot make such decisions as it requires evaluation of necessary factual and documentary...
Kerala High Court Closes Plea By Asianet Journalist As Her Name Is Dropped From FIR Over Alleged Conspiracy To Defame SFI Leader
The Kerala High Court has closed the petition filed by the Chief Reporter of Asianet News Channel Akhila Nandakumar to quash the FIR registered against her for allegedly conspiring to defame CPI(M)'s student wing leader PM Arsho in connection with the Maharaja’s College examination controversy.Justice P.V. Kunhikrishnan passed the order, taking note of the submission made by the...
Not All Divorces Have To Be Mutual, Nature Of Previous Divorce Irrelevant To Permit Marriage Under Special Marriage Act: Kerala High Court
The Kerala High Court has held that the registering authority did not have to look into the nature of divorce obtained by the parties while considering their marriage applications under Section 8 of the Special Marriage Act.The bench observed that the Registering Authority only has to be satisfied that neither party who intends to marry has a living spouse at the time of registration of...
CPC | Parties Can't Adduce Evidence Not Supported By Pleadings: Kerala High Court
The Kerala High Court recently laid down that no party could succeed a case by adducing evidence without support of pleadings, since the law is well-settled that one could be permitted to let in evidence only in tune with the pleadings.Justice A. Badharudeen added that the basic rule governing pleadings is founded on the principle of secundum allegata et probate, that a party is not allowed...
Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court
The Kerala High Court on Wednesday declared that the State Government ought to confirm the detention order issued under the Kerala Anti-Social Activities (Prevention) Act, 2007 ('KAAPA, 2007') within 3 months from the date of its execution.The Division Bench comprising Justice Anu Sivaraman and Justice C. Jayachandran observed that while Article 22 (4) of the Constitution does not create...
'Roads Ordinarily Deserted At Night, Likelihood Of Causing Death By Accident Less': Kerala HC Modifies Charge Against Biker From 304 IPC To 304A IPC
The Kerala High Court recently discharged a person charged under Section 304 IPC stating said that the offence of 'culpable homicide not amounting to murder' will not be attracted to motor accident death caused by him late at night, when roads are deserted.Justice N. Nagaresh observed that knowledge and intention of causing an accident or death could not be presumed in this case and thus...