Port Trust Can Regulate Movement Of Vessels, Boats And Other Watercrafts Within Port Waters But Must Adhere To Natural Justice: Kerala HC

The Kerala High Court has held that the Port Trust Authority is empowered to take decisions regarding movement of vessels, boats, watercrafts within port waters to ensure the safety and security of passengers and watercraft. The Court was considering challenge against an order of the Deputy Conservator of the Port Trust, which mandated the closure of a fuel bunk jetty. The closure was...

Religious/Customary Marriage Has 'Colour Of Legal Marriage', Woman Can Seek Protection Against Cruelty U/S 498A IPC: Kerala High Court

The Kerala High Court has held that a woman can seek protection against matrimonial cruelty under Section 498A of the Indian Penal Code when there is either "religious or customary" marriage between the parties which has the "colour of legal marriage", even if such marriage was later found to be invalid under law.In the facts of the case, the husband and in-laws, accused of committing...

Sabarimala Darshan: Kerala High Court Reinforces Ban On Modifications And Distraction On Vehicles Carrying Pilgrims

Following accidents of two vehicles carrying pilgrims on the Sabarimala route, the Kerala High Court has directed the Police and Motor Vehicle Department to ensure that the vehicles carrying Sabarimala pilgrimage strictly comply with its direction prohibiting modifications and unauthorized fittings in vehicles.On November 17, a KSRTC bus deployed in the Nilakkal Pampa chain service caught...

Condition To Not Get Involved In Any Other Crime Not Intended To Operate Throughout Trial: Kerala HC While Setting Aside Bail Cancellation

The Kerala High Court has set aside an order cancelling bail of a man booked under NDPS Act, observing that there is nothing to show that the accused interfered in the investigation or trial. The bail was cancelled by the Sessions Judge on the ground that the petitioner involved himself in another crime and thereby violated the bail condition.Justice K. Babu observed that there should...

Kerala High Court To Consider Validity Of 55-Yrs Upper Age Eligibility Criteria For Mediators

The Kerala High Court is set to consider whether a maximum age limit of 55 years could be stipulated as an essential eligibility condition for submitting applications for applying to the position of Mediators in the Mediation Centres of the Kerala State Mediation and Conciliation Centre.Justice V.G.Arun by relying upon the Apex Court decision in Tej Prakash Pathak and others v. Rajasthan...

Accused Has Right To View Digital Documents That Are Part Of Prosecution Records Without Affecting Victim's Privacy: Kerala High Court

The Kerala High Court stated that the accused right to access documents, including digital documents excluding those which affect the privacy of the victim.Justice A. Badharudeen stated that the accused cannot be denied the right to view the pen drive containing CCTV visuals which are part of prosecution records for defending his case, as part of his right to a fair trial. “The right of...

Kerala HC Asks Investigating Agency To Inform Centre About Foreign Agency's 'Suspicious' Survey Allegedly Hurting Feelings Of Muslim Community

The Kerala High Court has asked investigating agency Internal Security Investigation Team (ISIT) to inform Central Government about the "suspicious" survey allegedly conducted by a foreign agency without sanction from it.The Internal Security Investigation Team (ISIT) after investigation alleged that the foreign agency, Princeton Survey Research Associates (PSRA) had conducted the survey with...

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court

The Director General of Police of Tamil Nadu has informed the Kerala High Court that a new circular dated November 13 has been issued outlining detailed guidelines to be followed while making arrests of accused persons outside the state's borders.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. have granted time to the Public Prosecutor to submit the circular...

Body Shaming By Sister-In-Law Is Prima Facie Wilful Conduct Affecting Mental Health Of Woman To Attract Cruelty U/S 498A IPC: Kerala HC

The Kerala High Court has stated that body shaming of a woman by her sister-in-law would prima facie amount to wilful conduct to cause injury to health of a woman to attract an offence of cruelty under Section 498A of the IPC.In the facts of the case, the sister-in-law had approached the High Court to quash the criminal proceedings against her, stating that she would not come within the...

Kerala High Court Weekly Round-Up: November 11-November 17, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 708-726]Yasar Arafath v State of Kerala, 2024 LiveLaw (Ker) 708Suseelan v State of Kerala & Another, 2024 LiveLaw (Ker) 709Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 710K Sukumaran v Kerala State Waqf Board, 2024 LiveLaw (Ker) 711Amjith v State of Kerala, 2024 LiveLaw (Ker) 712Union Territory of Lakshadweep and Othes v Salimkoya K,....

Setting Up Of Religious Place By One Community Can't Be Stopped Merely Due To Opposition By Another Community, Assumption Of Disharmony: Kerala HC

The Kerala High Court recently quashed an order of District Collector refusing to give NOC to continue the functioning of a prayer hall in Kadalundi village. Justice Mohammed Nias C. P. quashed the order observing that the main reason for objection of NOC was due to apprehension of law-and-order situation due to the objection made by other members of the community. The Court said that the...

Kerala High Court Lays Down Guidelines For Service Of Summons In Suits For Defendants Outside India

The Kerala High Court on Friday laid down guidelines regarding effecting service of summons in a suit where the defendants reside beyond India's borders.The Bench comprising of Justice Raja Vijayaraghavan V., Justice C. Jayachandran and Justice C. Pratheep Kumar was answering a reference by a Division Bench as to whether a summons issued by the Court to a defendant residing outside India has...