Kerala High Court
'No One Else Can Give To Ward All That A Mother Can': Kerala High Court Unites Differently Abled Child With Mother
No one else can give to the ward all that a mother can give to her, said the Kerala High Court while uniting a differently abled child with her mother.The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha invoked parens patriae jurisdiction to ensure that the child is not left "at the mercy of others".The crux of the case is that the petitioner-mother was...
[Kerala Land Reforms Act] Legal Fiction Of Section 7E Deems Purchasers As 'Tenants', Not 'Cultivating Tenants': High Court
The Kerala High Court on Thursday observed that the legal fiction created by Section 7E of the Kerala Land Reforms Act, 1963 (KLR Act) makes the purchaser a tenant, and the term 'tenant' has a wider definition, which includes a deemed tenant.Justice T.R Ravi added that the Section starts with a non-obstante clause, which means it prevails over any other provision in the Act."As per Section...
Plea In Kerala High Court Challenges Transport Authority's Decision To Implement Uniform Colour Code On All Ambulances
A charitable trust claiming to own a fleet of ambulances has moved the Kerala High Court challenging the Transport Authority's decision to implement uniform colour code on all ambulance vehicles in the State.With effect from January 1, all new ambulances in Kerala are painted white and comply with other stipulations. So far as old ambulances are concerned, the Authority had decided to...
Anticipatory Bail Not Available For Offences Under UAPA Under Any Circumstance: Kerala High Court
The Kerala High Court on Friday held that exclusion of application of Section 438 CrPC to cases under the Unlawful Activities (Prevention) Act, 1967 is absolute and thus no application for anticipatory bail is permissible for offences punishable under the UAPA under any circumstances.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that if it were interpreted...
Excise Commissioner Has Ordered Relocation Or Closure Of BEVCO Outlet Situated In Residential Area: Govt Tells Kerala High Court
After several residents of Pothencode in Thiruvananthapuram District approached the Kerala High Court against nuisance created due to operation of a BEVCO (Kerala State Beverages (Manufacturing & Marketing) Corporation) outlet in their area, Excise Commissioner Mahipal Yadav has issued an order directing either relocation or closure of the outlet.Govt pleader Jacob E.Simon informed...
Transgender Couple Moves Kerala High Court Praying Their Child's Birth Certificate Should Reflect Them As 'Parents', Not Father & Mother
A plea has been moved in the Kerala High Court by the nation's first transgender parents seeking a direction to be issued to the Secretary, Kozhikode Corporation, to issue a new birth certificate for their child, showing the names of the couple as just 'parents', instead of 'father' and 'mother', respectively. The matter was adjourned to next Thursday by the Single Bench of Justice N....
Lawyer Prefers Appeal Against Dismissal Of Plea Challenging 'Limited Listing' Of Cases Before Kerala High Court Judge
Advocate Yeshwanth Shenoy has moved a writ appeal in the Kerala High Court against dismissal of his plea challenging limited listing of cases before the bench of Justice Mary Joseph.Single Bench of Justice PV Kunhikrishnan had, on June 9, 2023, dismissed his plea stating that no direction can be issued that a judge should hear a particular number of cases in a day. "As per Rule 92 of Rules of...
Road Accident Death Unfortunate, Will Be Equally Unfortunate If Innocent Auto Driver Who Tried To Help Is Made Accused: Kerala High Court
The Kerala High Court recently observed that when a person who attempts to help a road accident victim lying unattended for several hours is falsely implicated as an accused, they would think twice before extending a helping hand.Justice Sophy Thomas made the observation in a case wherein an auto rickshaw driver who attempted to help a road accident victim by taking him to the hospital...
No Single Litmus Test To Distinguish Licence From Lease: Kerala High Court Encourages Examining Parties' Intentions, Full Agreement
The Kerala High Court has reiterated that to distinguish between a lease and a license one has to consider the agreement between parties as a whole and the intentions of the parties involved rather than the nomenclature used in the document and reading a few isolated provisions.A Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar observed that there was no single litmus...
Justice Dinesh Kumar Singh Sworn In As Judge Of Kerala High Court
Justice Dinesh Kumar Singh was sworn in as a Judge of the Kerala High Court today. Justice Singh has been transferred from the Allahabad High Court following the Supreme Court Collegium's recommendation in this regard. The Collegium had rejected his request to be transferred to nearby States such as Delhi, Punjab & Haryana, Madhya Pradesh or Rajasthan.The Collegium in its resolution...
'Resolution On Uniform Civil Code Can't Be Moved In Corporation Council' : Kerala High Court Stays Municipal Corporation's Proposal
The Kerala High Court on Thursday stayed the Kozhikode Municipal Corporation's proposal to pass a resolution on Uniform Civil Code.Justice N. Nagaresh issued the interim order staying all further proceedings pursuant to the notice with the proposed resolutions issued by the Corporation, to the extent it permits consideration of the Agenda Item No.137 with regard to the Uniform Civil Code...
'Some Legal Battles Not Worth Winning': Kerala High Court Awards ₹8 Lakh Compensation To Man Injured After Railway Constable Misfires Service Gun
The Kerala High Court on Thursday granted over ₹8 lakhs as compensation to a man who sustained a gunshot injury from a misfired service gun by a Railway Constable more than a decade ago. Justice P.V Kunhikrishnan expressed disappointment with the Railway and took the view that in situations like this, it ought to have risen to the occasion and redressed the petitioner's grievance without...