Kerala High Court
Journalist's Mobile Phone Can't Be Seized Without Following Procedure Simply Because It Has Some Info About A Crime: Kerala High Court
The Kerala High Court on Monday came down heavily upon the State police for seizing the mobile phone of a journalist without following due procedure as contemplated in law. Justice P.V. Kunhikrishnan observed if the seizure of mobile phone of a journalist is necessary in connection with a criminal case, there are procedures to be followed for the same. The petitioner, G. Visakhan, a...
Tanur Boat Accident: Kerala Maritime Board Chief Surveyor Moves High Court For Bail
A bail application has been moved in the Kerala High Court by Sebastian Joseph, the Chief Surveyor of the Kerala Maritime Board who had been arrested in connection with the tragic Tanur boat accident that claimed 22 lives, including 15 children in Malappuram district.The High Court had initiated suo motu proceedings in the matter on May 9, 2023. Single Judge Bench of Justice Ziyad Rahman A.A....
'It's A Slap On High Court': Kerala HC Slams Police For Failure To Protect Bus Owner Despite Protection Order, Initiates Suo Moto Contempt
The Kerala High Court today slammed the Kottayam Police authorities for their failure to properly implement a protection order passed in favour of a bus owner, amid protests by the Centre of Indian Trade Unions (CITU) for wage hike.Workers of Raj Mohan's bus service claimed that the last wage hike was 5 years ago, and that the protests had erupted after Mohan failed to implement the hike...
Kerala High Court Weekly Round-Up: July 3 To July 9, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 303 - 315]Jibi James v. Union of India, 2023 LiveLaw (Ker) 303Govindarajan @ Govind v. Vidya & Anr., 2023 LiveLaw (Ker) 304Shamir T.J v. State of Kerala & Ors., 2023 LiveLaw (Ker) 305Thushar Nirmal Sarathy v. State of Kerala, 2022 LiveLaw (Ker) 306Cheriyathoda Cheriyakoya & Ors v. Cheriyathoda Kunni Kunni & Ors, 2022 LiveLaw (Ker)...
Kerala High Court Stays Criminal Proceedings Against Disabled Couple Accused Of Encroaching Neighbour's Property, Damaging Compound Wall
The Kerala High Court on Thursday stayed the criminal proceedings initiated against a differently abled couple and their senior citizen father, who had been alleged to have encroached upon the property of their neighbour and caused damage to the compound wall on the property. Justice Raja Vijayaraghavan V. stayed the proceedings against the accused petitioners for a period of one month. It...
Jurisdictional Court Cannot Deny Accused's Right To Surrender If Permitted By CrPC: Kerala High Court
The Kerala High Court recently held that a Magistrate cannot conclude that the accused was not in the custody of the Court when he voluntarily surrenders to its jurisdiction; it should take such accused in custody and deal with him as per law.Justice K. Babu added that when CrPC permits an accused to surrender before the Court having jurisdiction over the subject matter, the jurisdictional...
Kerala: More Than 5000 Judgments Of District Judiciary Translated To Malayalam
The Kerala High Court has translated more than 5000 judgments of the District Judiciary to Malayalam language. Presently, around 5186 judgements have been translated from English to Malayalam and are made available on the official websites of District Courts. The Court has carried out the exercise under the leadership of Justice A. Muhamed Mustaque, Chairman of the Committee in charge...
Kerala High Court Grants Interim Police Protection To Lesbian Couple Amid Alleged Threats From Family
The Kerala High Court on Wednesday passed an interim order granting police protection to a lesbian couple who alleged that they were being targeted by their parents and henchmen. This comes less than a month after a Division Bench closed a habeas corpus petition filed by one of the women (Sumayya) seeking the release of her lesbian partner Afeefa from the custody of her family. While...
Kerala High Court Publishes More Than 300 Judgments Translated To Malayalam
The Kerala High Court has translated more than 317 of its judgments in Malayalam and published the same on its website. The Court has been able to achieve this milestone under the guidance of Justice A. Muhamed Mustaque, Chairman of the Committee in charge of Computerization, and Justice Raja Vijayaraghavan V and Dr. Justice Kauser Edappagath, members of the Artificial Intelligence Assisted...
Brahmapuram Fire: Kerala Govt Suggests High Court To Constitute Special Bench To Consider Issues Under Solid Waste Management Rules
The Kerala government on Friday suggested the High Court to constitute a Special Bench for consideration of the Brahmapuram fire incident and other matters relating to Solid Waste Management Rules, 2016 (hereinafter, 'MSW Rules, 2016').The above suggestion was made while the Court was considering the suo motu proceedings initiated by it in the wake of fire at the Brahmapuram Solid...
'Intent To Foster Personal Interaction' Essential Ingredient Of Stalking, Mere Threat Or Abuse Doesn't Attract S.354D IPC: Kerala High Court
The Kerala High Court has recently held that a mere threat or abuse by a man towards a woman would not attract the offence of stalking under Section 354-D of the Indian Penal Code (IPC).Justice K. Babu added that to qualify as stalking, a man must have repeatedly followed a woman and made contact or attempted to contact her, despite clear indications of disinterest from the woman,...
Prima Facie False Implication Of Tribal Youth In Wildlife Offence: Kerala High Court Refuses Anticipatory Bail To Accused Forest Officers
The Kerala High Court recently dismissed the appeal preferred by certain forest officers against the refusal of anticipatory bail in a case pertaining to false implication and torture of a tribal youth in connection with an alleged wildlife offence.Justice V.G. Arun passed the order on finding prima facie materials to attract the offence under Section 3(p) (Punishment for instituting...