Kerala High Court Weekly Round-Up: June 19 To June 25

Nominal Index [Citation: 2023 LiveLaw (Ker) 273-289]XXX V State of Kerala, 2023 LiveLaw (Ker) 273Thankam v. Remani & Anr., 2023 LiveLaw (Ker) 274Shiji v. The Project Director, National Highway Authority of India & Ors., 2023 LiveLaw (Ker) 275Sumayya Sherin v. Director General of Police & Ors., 2023 LiveLaw (Ker) 276XXX v. XXX, 2023 LiveLaw (Ker) 277Navaneeth Mohanan K.P. & Ors....

'Safe Sex' Education Need Of The Hour: Kerala High Court Suggests Govt To Constitute Committee To Address Issue

Stressing on the need for proper ‘safe sex education’ among the youth, the Kerala High Court on Friday suggested the Government to consider constituting a committee and introducing ‘safe sex education’ in school and college curriculums. The Court asked the Chief Secretary to take appropriate action in this regard.The Court made this observation while considering a plea by a father...

Excess Payment Negligently Granted Cannot Be Recovered When Employee Has No Knowledge That Payment Is More Than What Is Entitled: Kerala High Court

The Kerala High Court recently held that excess payment that was carelessly or negligently granted to an employee by an employer cannot be recovered, particularly when the employee had no knowledge that the amount that was paid was more than what (s)he was entitled to.The Division Bench comprising Justice Alexander Thomas and Justice C. Jayachandran, on considering the case of an...

'Foreign Object' Left Inside Patient In Surgery: Kerala High Court Directs Police To Forward Complaint To Medical Negligence Panel

The Kerala High Court on Friday directed the Station House Officer of Edathala gram panchayat to forward to Expert Panel for Medical Negligence, the complaint filed by a patient’s wife regarding a foreign object allegedly being left inside her husband’s body after being operated on for removal of his kidney at Rajagiri Hospital.A Single Bench of Justice Kauser Edappagath directed,“The...

Illness No Ground To Seek Exemption From Wearing Helmet While Riding Two Wheelers : Kerala High Court

The Kerala High Court has held that illness is no ground to seek exemption from wearing helmets while reading two wheelers.Petitioners contended that as they were undergoing medical treatment, they could not place heavy objects on their heads including helmets. The Petitioners had approached the Court in light of the recent installation of AI surveillance cameras on the roads in the State....

Kerala High Court Grants Interim Anticipatory Bail To KSU Leader Ansil Jaleel In Case Alleging Forgery Of Degree Certificate

The Kerala High Court has granted interim anticipatory bail to Kerala Students Union (KSU) State Convenor Ansil Jaleel, in the case against him alleging forgery of degree certificate. The Single Judge Bench of Justice Ziyad Rahman A.A. directed Jaleel to appear before the Investigation Officer within a week. The Court stated that Jaleel shall be released on bail on execution of a bond for...

'Privacy Is The Core Of Human Dignity': Kerala High Court Orders Online Images Of Woman Facing Humiliation And Cyber Attacks Be Removed

The Kerala High Court recently directed the Director General of Police to take steps to remove online images and details of a woman who is a victim of offences under the Immoral Traffic (Prevention) Act, 1956. The Petitioner had approached the High Court for removal of online content having her name and images circulating on social media, which had resulted in humiliation and cyber attacks...

Use Of AI Cameras For Detecting Road Violations Cannot Be Discouraged Due To Corruption Allegations: Kerala High Court

The Kerala High Court recently held that the ‘innovative venture’ of using AI (Artificial Intelligence) cameras for detecting road violations cannot be discouraged merely because of allegations of corruption in implementation of the project.A single bench of Justice P V Kunhikrishnan observed there may be objections regarding transparency of the project and even corruption...

Kerala High Court Restores PIL Seeking Enactment Of Law Against Superstition & Human Sacrifice

The Kerala High Court on Friday restored the PIL seeking a direction to be issued to the State government to consider and take a decision regarding enactment and implementation of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019'.The Court had earlier dismissed the petition for default as no counsel for the petitioner, Kerala Yukthi...

[Koodathayi Murder] Kerala High Court Refuses Interference With Order Allowing Examination Of Notary Who Attested Will Forged By Jolly Joseph

The Kerala High Court on Tuesday dismissed the petition filed by Jolly Joseph, prime accused in the Koodathyi Murder case, challenging an order of the Sessions Court that allowed the notary who had attested the Will forged by her, to be examined as a witness. Jolly had filed the petition contending that the notary was earlier arrayed as the 5th accused in the case and hence could not...

Asianet Journalist Moves Kerala High Court Against FIR For Alleged Conspiracy To Defame SFI Leader

Chief Reporter of Asianet News Channel Akhila Nandakumar has moved the Kerala High Court for quashing the FIR registered against her for allegedly conspiring to defame CPI(M)'s student wing leader PM Arsho in connection with the Maharaja’s College examination controversy.Single Judge Bench of Justice K. Babu was informed by the Prosecution today that no coercive steps shall be taken...

CRPF Personnel Moves Kerala High Court Against 'Time Barred' E-Challans For Overspeeding

A plea has been filed before the Kerala High Court by a CRPF personnel against speeding challans issued to him allegedly beyond the statutory time limit.The Single Judge Bench of Justice C.S. Dias on Friday admitted the matter and directed the Government Pleader to get instructions.The petitioner in this case was issued two e-challans on March 5, 2023, for violation of permissible speed limit...