Kerala High Court
Best Marks Obtained To Be Considered When Students Appears For Supplementary Exams In Both 11th &12th Grades: Kerala High Court
The Kerala High Court recently laid down that when a student appears for both regular as well as supplementary examinations for 11th and 12th grades, the best marks obtained by the student in both the examinations ought to be considered. The Single Judge Bench of Justice Basant Balaji relied upon the Apex Court decision in Sukriti & Ors. v. Central Board of Secondary Education &...
Kerala High Court Seeks Centre's Response On Santiago Martin's Appeal Against ED Attachments
'Lottery king' Santiago Martin has moved the Kerala High Court with an appeal challenging the Single Judge's dismissal of his plea against ED's attachment orders freezing his and his company's movable assets under the Prevention of Money Laundering Act, 2002 (PMLA).When the matter was taken up on Thursday, the Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun directed...
Kerala High Court Quashes Proceedings Against Advocate Saiby Jose For Allegedly Cheating Client In 2013
The Kerala High Court on Thursday quashed the proceedings against Advocate Saiby Jose Kidangoor, former President of the Kerala High Court Advocates Association, accused of collecting Rs. 5 Lakh from a client's husband for settling the matrimonial dispute between the parties.Justice Raja Vijayaraghavan V. observed that the complainant had filed the complaint in a highly belated manner, and...
Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The plea has been moved by the mother of the minor victim.The accused was alleged to have committed the offence in May, 2022. The petitioner averred that in spite of informing the police on the very next day of the incident, the FIR...
Decade Passed But Police Unable To Collect Incriminating Material: Kerala HC Grants Relief To Woman Booked For Obtaining Passport On False Docs
The Kerala High Court recently quashed the proceedings against a woman accused of traveling abroad in violation of the provisions of the Indian Passport Act, 1962. The petitioner was alleged to have furnished false documents to procure the passport, and crime had thus been registered against her in the year 2014. Thereafter, pursuant to her application, she was granted permission to travel...
KeLSA Empowered To Grant Compensation Under Victim Compensation Scheme Without Court Recommendation Except Under POCSO: Kerala High Court
The Kerala High Court on Wednesday held that the Kerala State Legal Services Authority (KeLSA) is empowered to grant compensation to victims under the amended Kerala Victim Compensation Scheme without a court recommendation. Justice Kauser Edappagath added that the amended scheme however did not extend this benefit to minor victims under the POCSO Act, who still require Special...
Article 227 Can't Be Invoked To Interfere With Lower Court Proceedings Merely On Parties' Requests For Out-Of-Turn Hearings: Kerala High Court
The Kerala High Court has held that although it possesses the authority to ensure that lower courts and tribunals adhere to their prescribed jurisdiction and functions in accordance with the law, this power granted under Article 227 of the Constitution does not grant the High Court the right to intervene in the proceedings of other courts or tribunals merely based on the request of parties...
Party Pleadings Become Public Documents U/S 74(2) Evidence Act Once Submitted To Court: Kerala High Court
The Kerala High Court has recently held that pleadings of parties filed in a court partake the nature of a public document under Section 74(2) of the Indian Evidence Act.Justice Sathish Ninan clarified that private party pleadings, upon submission to the Court, transform into public records due to Court custody and association with a public office, falling within the purview of Section...
Legal Heirship Certificate Cannot Be Issued In Absence Of Valid Adoption & Supporting Evidence: Kerala High Court
The Kerala High Court recently upheld a Single Judge's finding that a Legal Heirship Certificate cannot be issued in favour of a person in the absence of a valid legal adoption and documents evidencing the adoption, so as to enable them to claim compassionate appointment upon the death of the alleged adoptive parent. A Division Bench of Justice Alexander Thomas and Justice C. Jayachandran...
Accused Avoid Arrest For Years On Strength Of Interim Order In Anticipatory Bail Plea, Courts Must Ensure Disposal Within Six Weeks: Kerala HC
The Kerala High Court last month stated that time bound disposal of anticipatory bail applications is significant for completion of effective investigation.Justice A Badharudeen directed the Registrar (Judicial) to ensure posting of anticipatory bail applications where ‘not to arrest’ interim orders were passed before appropriate benches for its timely disposal. The direction was made...
Nepotism Allegations: Kerala High Court Dismisses Director Lijeesh's Appeal Against Grant Of State Awards For Malayalam Films In 2022
The Kerala High Court on Wednesday dismissed the appeal moved by Malayalam Cine Director Lijeesh M.J. against the Single Judge's dismissal of his plea seeking to set aside the declaration of Kerala State Awards For Malayalam Films & Writings On Cinema 2022.The Director of the Malayalam Movie, 'Aakaashathinu Thaazhe', Lijeesh, had filed the plea alleging that the declaration of the Awards...
Overlooking Difference Between Murder And Culpable Homicide Could Lead To Miscarriage Of Justice: Kerala High Court
The Kerala High Court recently emphasised the objective nature of determining the legal distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, unrelated to the offender's intention.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that neglecting the difference between the two can lead to a miscarriage of justice."It is...