Kerala High Court
No Positive Law Required To Support Elder's Maintenance Claim, Irrespective Of Religion: Kerala High Court Grants Relief To Senior Citizen
The Kerala High Court last week held that a positive law is no sine qua non for granting past and future maintenance and that the right of the elder to such maintenance is recognised irrespective of their religion. Justice A. Muhamed Mustaque and Justice Sophy Thomas observed thus: “Even without any positive aid of law the court could have recognized the right of the elder irrespective of...
Medical Intervention Alone Insufficient To Protect Autistic Child's Best Interest: Mother Moves Habeas Corpus Plea In Kerala HC Against Husband
The Kerala High Court is set to hear a habeas corpus plea filed by a mother seeking to be united with her 21 years old Autistic child who is presently in UAE under the custody of the father.During the hearing on Wednesday, the division bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas sought the help of Advocate Anil Malhotra to aid the Court in the matter. It...
S.451 CrPC | Seized Property Ought Not To Remain In Police/ Court Custody For Longer Than Absolutely Necessary: Kerala High Court
The Kerala High Court on Friday analysed the scope of Section 451 CrPC which empowers the criminal courts to make orders for interim custody of seized property produced before it during trial and inquiry of an offence.The Single Judge Bench of Justice Raja Vijayaraghavan V. was of the considered view that when a property is so produced before the criminal court, the said court would have...
Kerala High Court Weekly Round-Up: August 21-27, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 418-432]Rajesh V State of Kerala 2023 LiveLaw (Ker) 418Sreelatha P. T. V State of Kerala 2023 LiveLaw (Ker) 419National Insurance Co. Ltd. & Ors. v. S. Sudeep Kumar 2023 LiveLaw (Ker) 420B.W. Jyothikumar v. Central Bureau of Investigation 2023 LiveLaw (Ker) 421 Alfa One Global Builders Pvt. Ltd v. Nirmala Padmanabhan 2023 LiveLaw (Ker)...
Speedy Trials Spirit Of Article 21: Kerala High Court Quashes 12 Yrs Old Cruelty Case Against Husband
The Kerala High Court last week quashed a 12 years old cruelty case against husband, observing that the parties have settled their disputes and the victim does not want to prosecute the matter further.Justice K Babu added that no useful purpose is likely to be served by allowing criminal prosecution based on a FIR, the investigation of which commenced twelve years back but...
'Cannot Rule Out Possibility Of Genuine Fatherly Affection': Kerala HC Grants Bail To 77-Year-Old Accused Of Inappropriately Touching, Kissing Girl Child
The Kerala High Court on Friday granted bail to a 77-year-old man alleged to have inappropriately touched a 10 year old girl, and kissed her cheeks. The Single Judge Bench of Justice Ziyad Rahman A.A. expressed doubt as to whether the alleged acts had been committed by the petitioner with sexual intention. "...on going through the contents of the statement, there is some doubt as to whether...
Police Officer Who Registered Suo Moto Case Can't Be Asked To Compensate Accused U/S 250 CrPC Upon Acquittal: Kerala High Court
The Kerala High Court recently held that a police officer who registered a a suo moto case cannot be asked to compensate the accused after acquittal under Section 250 of CrPC. Justice Bechu Kurian Thomas held that under Section 250 CrPC, compensation can only be ordered when a case was instituted upon a complaint or upon information given to a police officer. It held thus:“The said...
NEET-UG 2023: Kerala High Court Permits Provisional Admission Of Candidates With Locomotor Disability
The Kerala High Court on Friday ordered the application for Counselling (Allotment process) for NEET-UG – 2023 of two candidates suffering from locomotor disability to be accepted.The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun passed the interim order stating,"Prima facie we are of the opinion that when the appellants were permitted to take examination on the...
Tanur Custodial Death: Kerala High Court Asks Crime Branch For Case Diary To Ascertain If CBI Probe Necessary
The Kerala High Court on Friday directed the production of case diary along with the investigation report to ascertain the progress of investigation into the death of Tamir Jifri in custody at Tanur Police station at Malappuram. The Court will ascertain the progress of Crime Branch and decide if the probe has to be handed over to the CBI.Justice A. Badharudeen held thus:“In order to hear...
In A First, Kerala High Court Orders Appointment Of Independent Counsel To Represent Child In Custody Case
In an unprecedented move, the Kerala High Court on Friday directed the appointment of an independent counsel for rendering pro bono legal services to represent a child in a custody battle between its parents. While passing the order, the Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas noted that often, the best interests of children are not properly represented in...
Will Recall Anticipatory Bail If He Fails To Appear Before Investigating Officer: Kerala High Court Warns Shajan Skaria
The Kerala High Court on Friday warned of recalling the anticipatory bail granted to Marunadan Malayali Editor Shajan Skaria, in case of any failure on his part to appear before the Investigating Officer tomorrow. Earlier this month, the Single Judge Bench of Justice K. Babu had allowed Skaria's plea for anticipatory bail, in the case alleging that he interacted with a priest through his...
Flawed Investigation, Lack Of Evidence: Kerala High Court Acquits 7 RSS Workers Booked For Murder Of CPI(M) Activist
The Kerala High Court on Wednesday acquitted seven members of the RSS who were allegedly involved in the murder of CPI(M) activist, Shihab.A division bench comprising of Justice P.B. Suresh Kumar and Justice C.S. Sudha stated that they were constrained to acquit the accused not because they are were not the real culprits, but because of flawed investigation and lack of evidence. It...