Kerala High Court
Corroborative Evidence Necessary To Prove Guilt Of Accused, Mere Recovery Statement Insufficient: Kerala High Court
The Kerala High Court recently held that merely recovering the object does not establish guilt unless there are other materials connecting the accused to the commission of the offence. Observing so, Justice Ziyad Rahman A held that the trial court's reliance on the disclosure statements without sufficient corroborative evidence was unjustifiable."...apart from the aforesaid disclosure...
Tanur Boat Accident: Kerala High Court Grants Bail To Chief Surveyor And Senior Port Conservator
The Kerala High Court on Monday granted bail to Chief Surveyor of the Kerala Maritime Board, Sebastian Joseph, and the Senior Port Conservator, Baypore, Prasad V.V., who had been arrested in connection with the tragic Tanur boat accident that claimed 22 lives, including 15 children in Malappuram district.Justice Ziyad Rahman A.A. passed the order on noting that substantial progress had been...
Ingredients Of 'Criminal Breach Of Trust' & 'Misappropriation' Must To Establish Offence U/S 13(1)(c) Prevention Of Corruption Act: Kerala High Court
The Kerala High Court recently upheld the conviction of a Lower Division Clerk (L.D. Clerk) working on deputation in the Directorate of Higher Secondary Education, Thiruvananthapuram, under the Prevention of Corruption Act, 1988, for embezzlement of certain amount and forgery of document in that regard. Justice Kauser Edappagath observed that an amount of ₹74,789/- that had been entrusted...
Magistrate Can Proceed With Trial If Final Report Finds Only Non-Cognizable Offence After Investigation: Kerala High Court
The Kerala High Court recently held that if a Magistrate forwards a complaint involving both cognizable and non-cognizable offences to the police, and the police investigation reveals only a non-cognizable offence, the Magistrate is legally authorised to proceed with the trial for that offence.Justice A. Badharudeen reiterated that if a case involves both cognizable and non-cognizable...
Kerala High Court Weekly Round-Up: July 17 To July 23
Nominal Index [Citations: 2023 LiveLaw (Ker) 332-348]Hiran Valiiyakkil Lal & Ors v Vineeth M.V & Ors 2023 LiveLaw (Ker) 332Sholly Lookose v. V.I. Joseph 2023 LiveLaw (Ker) 333Vijayan & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 334Sajitha & Anr v. Baldbose & Anr 2023 LiveLaw (Ker) 335 Asokan v. Krishna Ezhuthassan & Ors. 2023 LiveLaw (Ker) 336Narayanankutty K...
Justice Ashish Jitendra Desai Takes Oath As Chief Justice Of Kerala High Court
Justice Ashish Jitendra Desai took oath as the Chief Justice of the Kerala High Court today. Kerala Governor Arif Mohammed Khan administered the oath of office to the new Chief Justice, at a ceremony held at Raj Bhavan. Chief Justice Desai is presently the 38th Chief Justice of the Kerala High Court.Prior to his elevation as the Chief Justice of Kerala High Court, Justice Desai was a Judge of...
'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....