Kerala High Court
KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court
The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities (Prevention) Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action.Section 15 of the Act deals with the power to make orders restricting the movements of certain persons.Placing reliance on Stalin CV. v. State...
In A First, Kerala High Court Set To Introduce Machine Scrutiny Of Bail Applications
In an unprecedented measure, the Kerala High Court is set to introduce a module for Machine Scrutiny of Bail Applications. This novel feature, which is the first of its kind in the country, and which has been developed by the High Court's technical team, shall provide for automated scrutiny of Bail Applications. It will be operational from July 10, 2023. An option shall be available in the...
Judges Can't Succumb To Wild Allegations Of Bias: Kerala High Court Rejects Plea By Advocate Facing Contempt For Recusal Of Justice Sophy Thomas
The Kerala High Court recently rejected the application moved by Advocate Yeshwanth Shenoy, seeking recusal of Justice Sophy Thomas from hearing the suo motu contempt proceedings initiated against him for alleged misbehaviour in Court.While rejecting the application, the Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas observed:"A Judge, who has taken the oath...
Kerala High Court Stays GO For Constitution Of 'Students Grievance Redressal Cells' In Colleges For 1 Month
The Kerala High Court on Wednesday stayed the Government Order (G.O.) directing the Principals of all colleges to constitute a 'Students' Grievance Redressal Cell' in their institutions, for a period of one month. The said G.O. also mandated the formation of a University Appellate Forum/Tribunal in Universities to act as the appellate authority to the orders of the Student Grievance...
Kerala High Court Stays Orders For Collecting Blood Samples Of Children Of Rape Victims For DNA Testing
The Kerala High Court has stayed various lower court orders directing the collection of blood samples of children of rape and Protection of Children from Sexual Offences Act (POCSO) survivors for DNA testing.Justice K. Babu passed the Order staying the implementation of six lower court orders of Mancheri Fast Track Sessions Court, Kattapana POCSO Special Court, Ramankari Judicial First...
S.36A NDPS Act | Presence Of Accused Mandatory While Hearing Extension Application, Mere Notice Not Sufficient: Kerala High Court
The Kerala High Court recently held that the accused must be produced either physically or virtually while considering the application for extension of remand filed under Section 36A(4) of the NDPS Act and that neglect of the same goes beyond a simple procedural violation. Justice Raja Vijayaraghavan V pointed out that failure to do so would be equivalent to legally stripping the accused of...
Supreme Court Collegium Recommends Appointment Of Gujarat HC Justice Ashish J Desai As Kerala High Court CJ
The Supreme Court has recommended the appointment of Justice Ashish J Desai, a judge at the Gujarat High Court as the Chief Justice of Kerala High Court. The current Chief Justice of Kerala High Court is Justice S Venkatanarayana Bhatti. The recommendation was made to fill the vacancy in the office of the Chief Justice of the Kerala High Court that would arise consequent to the...
KAAPA | Unreasonable Delay By Detaining Authority In Seeking 'Additional Particulars' Vitiates Preventive Detention Order: Kerala High Court
The Kerala High Court on Monday quashed the detention order of a person who had been detained under Section 3 of the Kerala Anti-social Activities (Prevention) Act, 2007 (hereinafter referred, 'KAAPA, 2007') on the ground of unreasonable delay on the part of the detaining authority in seeking additional particulars from the sponsoring authority. The Division Bench comprising Justice P.B....
Kerala High Court Issues Notice To Actor Vinayakan In Plea Seeking Action For Allegedly Abusing Co-Passenger While Boarding Indigo Flight
The Kerala High Court on Wednesday issued notice to Malayalam film actor Vinayakan in the plea seeking action to be taken by Indigo Airlines against the actor for allegedly abusing a co-passenger while boarding the flight. Justice P.V. Kunhikrishnan today allowed the application by the petitioner impleading the Actor as an additional respondent in the matter, and issued him notice...
Kerala High Court Quashes FIR Against Beauty Parlour Owner In Fake Drugs Case
The Kerala High Court on Wednesday quashed the FIR against Sheela Sunny, the owner of a beauty parlour in Chalakudy, who had been accused of possessing 0.106 grams of the drug LSD stamp. Sunny had sought the case to be quashed on the ground that the case was false and that the chemical analysis report was negative and no LSD had been detected in the stamp. Justice Kauser Edappagath passed...
Kerala High Court Warns Prison Authorities Against Unnecessary Delay, Detention Of Lawyers Visiting Clients in Jail
The Kerala High Court recently highlighted the vital role of lawyers as officers of the court in criminal cases and observed that when lawyers visit their clients in prison, it is the duty of prison officials to respect their professional duties and avoid unnecessary delays or detentions.Justice P.V. Kunhikrishnan expressed shock after a lawyer who was forced to approach the Court to obtain...
Order XLIII CPC | Conditional Orders Allowing Restoration Of Suits And Imposing Penalties Are Appealable: Kerala High Court
The Kerala High Court has held that an order allowing the restoration of a dismissed suit for non-prosecution or setting aside an ex-parte decree, when accompanied by a conditional order imposing a penalty or cost, is an appealable order under Order XLIII of the CPC.Justice P. Somarajan reasoned that non-compliance with the condition will effectively result in rejection of the...