Kerala High Court
Kerala High Court Initiates Suo Motu Contempt Proceedings Against CPI(M) Idukki Secretary For Continuing Office Construction Despite Orders
The Kerala High Court on Thursday initiated contempt of court proceedings against the Idukki District Secretary of CPI(M), C.V. Varghese, for proceeding with the construction of the political party's office at Santhanpara, in violation of the Court's order to halt the same. The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas further restrained the party office...
Kerala High Court Seeks Response From Centre, State On KeLSA's Plea Seeking Compulsory Registration Of Migrant Workers
The Kerala High Court has sought the response of the Central and State Governments on a plea seeking compulsory registration of migrant workers employed in the State. The matter is before the Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun. The present Public Interest Litigation (PIL) filed by the Kerala State Legal Services Authority (KeLSA) avers that such...
Violinist Balabhaskar’s Death: Kerala High Court Expresses Dissatisfaction With CBI's Probe, Trial Deferred
The Kerala High Court today deferred trial in a criminal case over death of violinist Bhalabhaskar in a car accident. Justice Bechu Kurian Thomas passed the order in two revision petitions filed by the musician's father and another witness, alleging that the accident was a planned attack and seeking further investigation by the CBI.During the hearing, the Court remarked that the CBI has...
Temple & Its Affairs Can Only Be Administered By Trustee: Kerala High Court Affirms Devaswom Board's Authority In Temple Land Dispute
The Kerala High Court on Monday, in a dispute pertaining to the encroachment of 65 cents of land of Kootholikavu Sree Bhagavathy Temple, laid down that the Travancore Devaswom Board would not be barred from taking action for repossession of the property, although the said parcel of land had not been handed over to the Board, pursuant to the change of trustee of the Temple. The Division Bench...
Consider If Further Conditions Warranted For Permitting Use Of Forest Land For Non-Forest Purposes Like Film Shoot: Kerala HC To Govt
The Kerala High Court yesterday directed the State government to consider if further conditions have to be issued while granting permission to use forest land for non-forest purposes like shooting movies, so as to ensure that no damage is caused to the forest and wildlife.Justice Viju Abraham, held thus,“The respondents are also directed to consider whether any further additional...
Husband's Girlfriend Or Woman Who Has Sexual Relations With Him Outside Marriage Cannot Be Prosecuted U/S 498A IPC: Kerala High Court
The Kerala High Court recently held that the term 'relative' appearing in Section 498A of IPC would not include husband's girlfriend, or a woman with whom a man has sexual relationship outside of marriage.Section 498A, IPC defines and provides punishment for cruelty committed by the husband or relative of the husband of a woman. Justice K. Babu added that Section 498-A being a penal...
Govt Cannot Take Advantage Of Its Own Delay Or Inaction: Kerala High Court
The Kerala High Court recently held that the Government cannot exploit its delay to take action to its advantage and to the detriment of the employee.A division bench of Justice Alexander Thomas and Justice C Jayachandran came to the conclusion while considering the proposal for sanctioning and regularising the post of a part-time sweeper, to which he was otherwise entitled.“A subsequent...
Kerala High Court Voices Displeasure Over Continued Construction Of CPI(M) Offices In Idukki Despite Interim Order
The Kerala High Court on Wednesday expressed its displeasure with the ongoing construction of the CPI(M) Party Office in Santhanpara, despite an interim order issued the previous day directing such constructions to be suspended.The Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas had issued a directive on Tuesday to immediately cease the construction of CPI(M) Offices...
Actor Assault Case: Kerala High Court Relieves Advocate Renjith Marar As Amicus Curiae
The Kerala High Court on Wednesday relieved Advocate Renjith B. Marar, who was appointed as the Amicus Curia in the 2017 Actor Assault case to assist in the formulation guidelines to be issued to trial courts for preservation of digital evidence submitted to the courts, pursuant to his application seeking the same. The single bench of Justice K. Babu had, on Monday, appointed Marar as the...
"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials
The Kerala High Court yesterday upheld the order of a Magistrate dismissing a vexatious compliant filed against 48 high ranking bureaucrats and police officials of the State.Justice Bechu Kurian Thomas, while dismissing the revision petition, noted that the petitioner had filed the complaint by extracting various statutory provisions with vacuous allegations without any material to...
Three Agencies Including CBI 'Blotched-Up' Investigation: Kerala High Court Acquits Jyothikumar Sentenced To Life For Patricide
The Kerala High Court recently set aside the conviction and sentence of B.W. Jyothikumar who had been accused of patricide back in 2007.The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha lamented the 'blotched-up' manner in which the investigation was conducted as a result of which the culprit would 'scot-free'. "Inspite of three agencies conducting the...
Court Where Cheque Is Presented For Collection Has Jurisdiction To Entertain Dishonour Complain U/S 138 NI Act: Kerala High Court
The Kerala High Court has held that the word ‘delivered’ used in Section 142(2)(a) of the Negotiable Instruments Act, 1881 ("NI Act") has no significance for the purpose of determining jurisdiction. Rather, significance must be given to the text ‘for collection through an account’. That is to say, delivery of the cheque takes place where the cheque was issued and presentation of...