Can Saving Clause In Forest Subordinate Service (Amendment) Special Rules, 2014 Extend To Promotion Of Appointees Under Earlier Rules? Kerala HC Answers

The Kerala High Court held that the saving clause in the Kerala Forest Subordinate Service (Amendment) Special Rules, 2014 would not grant any entitlement to employees who were appointed under the Kerala Forest Subordinate Service of 1962 and Kerala Forest Subordinate Service Special Rules of 2010 in the matters of promotion.The Court was considering whether the promotion of Beat Forest...

Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court

The Kerala High Court held that the Magistrate Court does not lose its jurisdiction to try criminal cases merely because the State Government has notified Children's Courts for the speedy trial of offences against children. However, the Court stated that it is proper that the offences be tried by the Children's Court.The state government issued a notification in 2009 made under Section 25 of...

Serious Irregularities: Kerala HC Quashes Order Directing Magistrate To Decide On Probe Into Rape Allegations Against Ponnani Police Officers

While hearing a case where a woman had alleged that she was raped by police officials in Ponnani with the police allegedly refusing to register an FIR, the Kerala High Court set aside the judgment of the Single Judge which had directed the Magistrate to pass order regarding investigation, after noting that it suffered from "serious procedural irregularity". Observing the failure on the part...

Media Persons With ID Cards Issued By Travancore Devaswom Board Alone Can Remain At Sabarimala Sannidhanam: Kerala High Court

The Kerala High Court has ordered that media reporters who are issued with identity cards by the Travancore Devaswom Board can only remain at the Sabarimala Sannidhanam.The Division Bench of Justice Anil K. Narendran And Justice Muralee Krishna S was considering the issue of stay of media persons at Sabarimala ahead of the Maasapoojas and Mandala-Makaravilakku festival season of...

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored.The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. Justice P .G. Ajithkumar stated that the Sessions Judge committed an error...

Elephant Fitness Certificate, 3-Days Rest, 3-Hrs Cap On Parading: Kerala HC Issues Directions To Prevent Cruelty During Temple Festivals

The Kerala High Court has remarked that Elephants in Kerala are widely used in Temples in the name of tradition and religion but, in reality, it is a "commercial exploitation" without any care or concern for their well-being.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P. thus issued certain directions for effective implementation of the Kerala Captive...

Laser Printing On Mineral Water Bottle Legible: Kerala HC Quashes Case Against Kinley Booked For Illegible Packaging Details

Quashing a case against Hindustan Coca Cola Company under the Legal Metrology (Packaged Commodities) Rules concerning alleged illegible declaration about the packaging details of mineral water sold at a movie theatre, the Kerala High Court observed that it could not be said that the details in the form of laser printing were illegible or not prominent. After perusing through the seized...

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court

The Kerala High Court has observed that the notional income of an ordinary worker has to be fixed after considering the fair wages applicable at the time of calculating the compensation and not based on his earning capacity at the time of the accident.The appellant had approached the High Court challenging the award of rupees 75,000 by the Motor Accident Claims Tribunal. Justice Johnson...

Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court

The Kerala High Court has held that a person residing in a state can register his vehicle by any registering authority within the state, irrespective of his place of residence or business within the state, as per Section 40 of the Motor Vehicles (Amendment) Act of 2019.Section 40 provides for the place where the motor vehicle has to be registered. The petitioner's car was not registered by...

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father

The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression.The Court further stated that scientific studies are proving that post-partum depression is relatively...

Kerala High Court Lifts Stay On Lakshadweep Tourism Dept's 'Tent City' But Constructions Subject To Verdict In Property Dispute

The Kerala High Court has removed stay on further construction in connection with the development of Tent City in Thinnakkara and Bangaram islands of Lakshadweep. A Single-Bench Judge had earlier, while dealing with challenge to assignment of the concerned properties to the Tourism Department, stopped the construction by ordering to maintain status quo.The Division Bench of Justice Anil...

Hearing & Speech Impaired Woman Moves Kerala High Court Invoking S.7 Of Disabilities Act For Protection Against Abuse By Miscreant

A plea has been moved before the Kerala High Court by a differently abled woman seeking direction from the Court for police protection against the threat of abuse by relying upon Section 7 of the Rights Of Persons With Disabilities Act of 2016.Section 7 states that all measures have to be taken to provide protection to persons with disabilities and to prevent them from all forms of...