Kerala High Court
Kerala High Court Suggests Govt To Undertake Study For Use Of "7 Lakh Tons" Legacy Waste Lying At Brahmapuram In Road Construction
The Kerala High Court today orally suggested the State government that an expert study can be conducted to see if legacy waste at Brahmapuram can be used for the construction of roads.As per the Ernakulam District Collector, N S K Umesh, 7 lakh tons of legacy waste is lying at Brahmapuram. The site recently garnered a lot of media attention after a massive fire broke out at the waste...
Presumption U/S 114(a) Evidence Act Can't Be Extended To Hold Accused Guilty Of Murder In Absence Of Incriminating Circumstances: Kerala HC
The Kerala High Court on Monday held that in the absence of any incriminating circumstances, and where there is more than one possibility for cause of death, the presumption under Section 114(a) of the Evidence Act cannot be extended to hold the accused guilty of the offence of murder. Section 114(a) of the Evidence Act stipulates that the "Court may presume that a man who is in possession...
Whether Family Court Has Jurisdiction To Entertain Plea Seeking Reliefs Under Domestic Violence Act? Kerala High Court Appoints Amicus Curiae
The Kerala High Court is set to decide whether Family Court has jurisdiction to entertain a petition seeking reliefs under the Protection of Women from Domestic Violence Act, 2005. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas on Wednesday appointed Advocate M. Ashok Kini as the amicus and posted the matter for consideration on August 10. As per the...
Devaswom Boards Should Provide Adequate Facilities For Devotees: Kerala High Court Reiterates Amid 'Naalambala Darshanam'
The Kerala High Court recently reiterated that the Devaswom Boards and temple managements have a statutory duty to provide adequate facilities and arrangements for devotees during 'Naalambala Darshanam', as per the relevant provisions of the Travancore-Cochin Hindu Religious Institutions Act. 'Naalambala Darshanam' involves visiting four temples and it is an important pilgrimage for...
State To Provide Necessary Facilities To Ensure Timely Examination Of Contraband Articles In NDPS Cases: Kerala High Court
The Kerala High Court recently directed the State to provide necessary facilities for ensuring the timely examination of contraband articles in NDPS (Narcotic Drugs and Psychotropic Substances) cases. Justice Ziyad Rahman A.A. issued the interim order taking note of the inordinate delay in most cases in getting the scientific examination report to identify the alleged contraband article....
Once Party Enters Agreement To Convey Property, It Cannot Take Defence Of 'Defective Title' In Suit For Specific Performance: Kerala High Court
The Kerala High Court recently considered as to whether a vendor who enters into agreement for sale of property can take the defence of absence of conveyable title in a claim of specific performance.Justice Sathish Ninan held,“Having entered into an agreement to convey the same, it is not open for him to defend the claim for specific performance contending that he does not have a...
DGFT Circular Providing 4% of SAD Refund Published On The Official Website Amounts To Public Notice: Kerala High Court
The Kerala High Court has held that a circular issued by the Directorate General Of Foreign Trade (DGFT) providing 4% of the Special Additional Duty (SAD) refund published on the official website amounts to public notice.The bench of Justice Dinesh Kumar Singh noted that when the Circular itself provides that if any exporter claims a refund of 4% SAD, the amount should have been paid in cash....
Subsequent Bail Plea Cannot Be Filed In Routine Manner, Material Change In Facts Or Law Sine Qua Non: Kerala High Court
The Kerala High Court has reiterated that a material change in fact situation or law is sine qua non for the Court to entertain a second application for pre-arrest bail.Single bench of Justice Kauser Edappagath held,“Even though there is no absolute embargo in filing the subsequent application for pre-arrest bail, it can be entertained only if there is a substantial change in the facts...
Quarrying Outside Permissible Limits Warrants Police Investigation For Theft: Kerala High Court
The Kerala High Court recently took the view that police investigation is necessary in a case involving quarrying of granite stones outside the permissible limits of the quarry area. The Single Judge Bench of Justice Raja Vijayaraghavan V. set aside the order of the Magistrate which had held that no police investigation was required in the matter, and thereby directed it to reconsider the...
State Authorised To Integrate Police Services Unless Unfair To Appointments Made Pre-Integration: Kerala High Court
The Kerala High Court recently affirmed the State's authority to validly integrate different services under the Public Service Commission and held that such integration is usually legally sound as long as it is derived from its source of power.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas added that the order of integration can only be challenged if there is a lack...
State Should Amend Kerala Victim Compensation Scheme And Enable POCSO Victims To Claim Compensation For 'Sexual Harassment': High Court
The Kerala High Court on Monday considered whether victims of sexual harassment can claim compensation under the Kerala Victim Compensation Scheme, 2017 (amended in 2021). The issue arose for the reason that ‘sexual harassment’ punishable under Section 11 of the POCSO Act is not included as an ‘injury’ under the schedule of Kerala Victim Compensation Scheme.Justice Kauser...
Kollam Doctor Murder: Accused Sandeep Moves Kerala High Court Seeking Bail, Says He Was Under Influence Of Sedatives
Sandeep, the sole accused in the brutal murder of the 23 year old house surgeon Vandana Das, has approached the Kerala High Court seeking bail.The matter is before the Single Judge Bench of Justice Ziyad Rahman A.A.In May 2023, the house surgeon on duty at Kottarakkara Taluk Hospital, Dr. Vandana Das, was allegedly stabbed multiple times by Sandeep, who is a school teacher. The alleged...