Kerala High Court
[Noon Meal Scheme] Kerala Govt Cites Dispute With Centre Over Funds, Assures High Court To Clear Arrears Soon
The Kerala government today assured the High Court that arrears of payments to government and aided schools under its 'Noon-Meal Scheme' will be cleared soon.Government pleader informed the High Court that the issues between the Centre and the State with respect to the funds have been resolved and hence, payments will be made soon.Single Judge Bench of Justice T.R. Ravi in its order...
Kerala High Court Rejects Plea To Erect Saffron Flags At Temple; Says Temple's Sanctity Shouldn't Be Diminished By Political Acts
The Kerala High Court recently held that in order to maintain the sanctity and tranquility of the temples, it cannot permit putting up of saffron flags and festoons on temple premises.Justice Raja Vijayaraghavan V., while refusing the plea by two devotees of the Muthupilakkadu Sree Parthasarathy temple to permit them to erect flags without any obstruction, observed:"Temples stand as beacons...
Kerala High Court Quashes Sexual Harassment Case Against Actor Unni Mukundan Based On Settlement Between Parties
The Kerala High Court today quashed the proceedings against Malayalam film actor Unni Mukundan where he was facing prosecution for offences under Sections 354 (Assault of criminal force to woman with intent to outrage her modesty) and Section 354-B (Assault or use of criminal force to woman with intent to disrobe) of the IPC, based on a settlement between the parties.Justice P. Gopinath...
Kerala High Court Directs State To Inform All Registering Authorities That Marriages Can Be Registered Through Video Conferencing
The Kerala High Court has directed the State Government to inform all registering authorities that marriages can be registered by securing the presence of the parties by video conferencing.Justice Devan Ramachandran directed the State Government to comply with the direction within two weeks so that parties would not have to approach the Court each time with the same request. “I also deem...
[Kerala Rent Control Act] Payment Of Arrears During Pendency Of Appeal No Ground For Setting Aside Eviction Order U/S 12(3): High Court
The Kerala High Court on Tuesday held that payment of the admitted arrears of rent during the pendency of an appeal against an order of eviction under Section 12(3) of the Kerala (Buildings Lease and Rent Control) Act (hereinafter, 'the Act'), would not be a ground to set aside such an order or to grant an opportunity to the tenant to contest the Rent Control Petition.Section 12(3) provides...
CMRL Bribery Case: Kerala High Court Says Can't Probe CM Pinarayi Unless Allegations Disclose Prima Facie Offence Under Corruption Act
The Kerala High Court on Wednesday orally observed that it cannot order a probe against Chief Minister Pinarayi Vijayan in connection with the CMRL bribery case, unless the allegations against him disclose a prima facie offence under the Prevention of Corruption Act.CM Pinarayi's daughter Veena Thaikandiyil is the prime accused in the case. It is alleged that she received kickbacks through...
Baptism Certificate Cannot Be Given Primacy Over Official Documents Like Aadhar Card To Ascertain Date Of Birth: Kerala High Court
The Kerala High Court has held that baptism certificate cannot be given primacy over official documents like SSLC Certificate, Aadhaar Card, PAN Card and driving license to ascertain the date of birth of a person belonging to Christian community. Justice Murali Purushothaman observed thus:“A baptism certificate is issued by the Church to record the baptism of a person. No primacy can...
Instead Of Ordering From Swiggy And Zomato, Let Children Enjoy Delicious Food Cooked By Mothers: Kerala High Court Advises Parents
The Kerala High Court today emphasized on importance of home-cooked meals for children and advised parents to deter from ordering food from restaurants via online delivery platforms Swiggy and Zomato.Justice PV Kunhikrishnan was dealing with a case concerning access to pornography via few clicks of a hand-held mobile phone when he ventured into the arena of modern parenting where children...
S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court
The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. If such grounds are found,...
Privately Watching Porn Video Without Exhibiting It To Others Will Not Attract Offence Of Obscenity U/S 292 IPC: Kerala High Court
The Kerala High Court last week quashed criminal proceedings initiated against a man who was arrested by the Police from roadside for watching pornography on his mobile phone.Justice P.V.Kunhikrishnan stated that "privately" watching obscene photos or videos on one’s phone without distributing or publicly exhibiting it will not attract the offence of obscenity under IPC. It added that...
Kerala Municipality Act | Property Tax To Be Paid Only From Date Of Issuance Of Occupancy Certificate: High Court
The Kerala High Court recently held that property tax is liable to be paid only from the period of issuance of the occupancy certificate, and not prior to the same. The Court reasoned that since tax can only be levied on a building which becomes capable of being used for residential purposes as per Section 233 (2)(a) of the Kerala Municipality Act, 1994, and since it is only on the issuance...
[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court
The Kerala High Court has held that while issuing summons to show cause under provisions of bond for peace keeping, etc., the Magistrate has to follow the procedure laid down under Section 111 of CrPC.Justice A. Badharudeen observed thus:“it is the mandate that whenever a Magistrate intents to proceed acting under section 107, section 108, section 109, or section 110, deems it necessary...