Kerala High Court
Centre Notifies Appointment Of Justice CS Sudha As Permanent Judge Of Kerala High Court
The Central Government has notified the appointment of Justice C.S. Sudha as a permanent Judge of the Kerala High Court. The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud, had, on August 18, 2023, recommended Justice Sudha's name for appointment as a permanent Judge of the Kerala High Court. The Collegium had consulted with Judges of the Supreme Court who were conversant...
S.142 NI Act | Third Party Cannot Prosecute Drawer For Dishonour Of Cheque: Kerala High Court
The Kerala High Court recently laid down that a third party cannot prosecute the drawer of cheque for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Section 138 of the NI Act stipulates the penalty for dishonour of cheque for insufficiency of funds in the account. Perusing Section 142(a) of the Act which provides that no court shall take cognizance of...
Kerala Education Act | Aided School's Properties Cannot Be Mortgaged Without Obtaining Permission From Educational Authorities: High Court
The Kerala High Court recently held that an aided school's properties cannot be mortgaged without obtaining permissions from concerned authorities under the Kerala Education Act and Rules.Justice Basant Balaji observed thus:“A duty is cast on a Manager, and the Manager should submit a statement of movable and immovable properties to the educational authorities. Without the permission of...
'Nothing To Suggest Sexual Intent': Kerala High Court Grants Pre-Arrest Bail To Youth Accused Of Holding Minor's Hand To Outrage Modesty
The Kerala High Court on Friday granted anticipatory bail to a 21-year-old who has been accused of catching hold of a 15-year-old girl’s hand, with an intention to outrage her modesty.The prosecution case against the petitioner-accused was that he, along with the second accused in the case, came on a bike, and caught hold of the minor girl’s hand intending to outrage her modesty. The duo...
S.438(4) CrPC | Bar On Grant Of Anticipatory Bail For Certain Rape Offences Not Attracted If Allegations Prima Facie False: Kerala High Court
The Kerala High Court has held that bar on grant of anticipatory bail for certain rape offences, as indicated under Section 438(4) of CrPC, will not be attracted if such offences are prima facie not made out from the material placed on record or the allegations appear to be false.Section 438(4) bars anticipatory bail to an accused allegedly involved in offences punishable under Sections...
'Parental Custody Preferred': Kerala High Court Refuses To Interfere With UK Court Order Removing Child From Grandmother's Custody In India
The Kerala High Court last week refused to interfere with an order passed by a competent Family Court in the UK directing a minor child to be brought back from India to England, where her parents reside.The child was residing with her maternal grandmother in India following a dispute between her parents. She was brought to India by her mother and the UK Court is seized with a plea moved by...
Mandatory Submission Of NEET Score Card For KEAM Admissions Must Be Specified In Prospectus: Kerala High Court
The Kerala High Court recently directed the Commissioner of Entrance Exam (CEE) and the State and Central Governments to make specific mention in the prospectus about the mandatory submission of NEET (National Eligibility cum Entrance Test) scorecard for admission vide Kerala Engineering Architecture Medical (KEAM) entrance examination. Justice P.V. Kunhikrishnan observed that while it may...
Senior Citizens Entitled To Claim Past Maintenance From Children : Kerala High Court
The Kerala High Court last week held that the lack of specific statutory provisions does not restrict the Courts from allowing past maintenance claims in favour of senior citizens.A Division bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas added that the lack of statutory provisions to seek maintenance retrospectively does not mean that the law restricts senior citizens from...
Authorization Committee Should Not Make Unsupported Suspicions Of Organ Donation Being 'Commercial' Transaction: Kerala High Court
The Kerala High Court has held that the role of the District Level Authorization Committee, which considers applications seeking permission for organ transplant, is 'divine' and that it must not raise technicalities in clearing such applications.Single Bench of Justice P.V. Kunhikrishnan added that if subjective satisfaction is arrived at, the Authorization Committee has to grant approval for...
S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court
The Kerala High Court last week held that recalling a witness under Section 311 CrPC must be done only when there is a strong and valid reason to do which should be recorded by the competent authority. Justice K Babu held thus,“Recalling a witness for the just decision of the case is not a hollow procedure. A strong and valid reason should be recorded for the exercise of that power...
Appellate Body Must Reconsider Cases Of Disciplinary Proceedings With No Evidence, Not Merely Reiterate Previous Orders: Kerala High Court
The Kerala High Court recently held that when there is no evidence linking the accused to the incident in disciplinary proceedings, the appellate authority must reconsider the case by addressing specific contentions without merely reiterating the previous orders.Justice Devan Ramachandran held thus:“I am, therefore, of the firm view that the appeals of the petitioners before the...
CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 ("CrPC") cannot be equated to that of an Appellate Court.The Bench comprising Justice K Babu thereby upheld the order of dismissal passed by a Magistrate.“Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable...