Kerala High Court Issues Direction To Prevent Unauthorized Entry In Ponnambalamedu Area Of Sabarimala

The Kerala High Court on Wednesday directed the Deputy Director, Periyar West Division to prevent unauthorized entry of anyone near Ponnambalamedu, a protected forest area near the Sabarimala Temple. The Deputy Director was further directed to file an affidavit stating the measures that could be taken to prevent such unauthorized entry of persons within 10 days. Certain persons had...

[Indian Succession Act] Courts Within Kerala Have No Jurisdiction To Issue Probate Or Letter Of Administration Sans State's Authorisation: High Court

The Kerala High Court recently held that unless there is a notification by the State Government as mandated under Section 264(2) of the Indian Succession Act, 1925 no court in the State will have the jurisdiction to issue probate or letters of administration.A single bench of Justice P Somarajan observed that for the State of Kerala no such notification has been issued under the Act thus...

Kerala High Court Enunciates Broad Principles For Compounding Of Sexual Offences Against Women & Children Upon Compromise With Accused

The Kerala High Court on Wednesday laid down certain broad principles to be borne in mind while considering pleas to quash criminal proceedings involving non-compoundable sexual offences against women and children, upon a compromise between the accused and the victim, invoking Section 482 of the Code of Criminal Procedure. The Single Judge Bench of Justice Kauser Edappagath while hearing a...

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court

The Kerala High Court on Monday held that litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court.The Court also took note of the increasing tendency of litigants to approach the High Court for expeditious disposal of lower court cases. “Because a litigant has the resource...

Kollam Doctor Death | Draft Protocol For Producing Persons In Custody Before Hospitals Ready: State Tells Kerala High Court

The Kerala High Court on Thursday directed the Government to hear the representatives of the Kerala Judicial Officers Association, the Kerala University of Health Sciences (KUHS), the IMA - Kerala Chapter, Kerala Private Hospital Association, the Kerala Govt Medical Officers Association (KGMOA), and the Kerala Govt Medical College Teacher Association (KGMCT), while finalizing protocols...

Disproportionate Assets: Kerala High Court Stays Vigilance Case Against KM Shaji For Three Months, Says Prima Facie Pre-Cognizance Sanction Required

The Kerala High Court on Wednesday stayed the vigilance case relating to amassment of disproportionate assets against the Indian Union Muslim League leader and former MLA K.M. Shaji, for a period of three months. Justice Ziyad Rahman A.A. passed the interim order, observing that the Special Judge at Kozhikode had invoked his jurisdiction under Section 156(3) Cr.P.C. without obtaining...

'Students Need A Break': Kerala High Court Refuses To Extend Interim Order Allowing Vacation Classes; Refers Matter To Division Bench

The Kerala High Court on Wednesday was of the considered opinion that the interim order passed by another Single Bench staying the operation of a GO prohibiting conduct of vacation classes, could not be extended as the same would be violative of the Kerala Education Rules. Rule 1 Chapter VII of the Kerala Education Rules (hereinafter, 'KER') mandates that all schools shall be closed for...

[Loan Default] Acts Of Bank Officials While Taking Possession Of Building Protected Under Section 32 Of SARFAESI Act: Kerala High Court

The Kerala High Court on Monday held that the acts of bank officials in connection with taking possession of a building or an apartment under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 are protected under Section 32 of the Act, if they are done in good faith. The Court was considering a petition filed by officials of Punjab...

Authorities That Cannot Comply With Court Orders Should Step Down: Kerala High Court Warns Govt On Issue Of Unauthorized Banners In Public Places

The Kerala High Court on Wednesday came down heavily on the State for its inaction in the matter pertaining to illegal installation of boards and banners at public places in the State.“If Local Self Governments cannot comply with directions, please step down. Don’t provoke this court," Justice Devan Ramachandran remarked.The Court stated that the Local Self Governments were complying...

Before Arresting Accused Police Must Verify With Prosecutor's Office If Any Interim Order Subsists In Pending Bail Plea: Kerala High Court

The Kerala High Court on Tuesday declared that it is the duty of every Police Officer to contact the office of the Prosecutor before arresting an accused, when a bail application is pending before a court of law, to verify whether there is any interim order passed by the Court.Justice P.V. Kunhikrishnan observed,"Without verifying the same from the office of the prosecutor, it is not proper...

Kerala High Court Permits Waqf Board To Proceed With Framing Scheme For School Administration Pending Decision Whether It Is Waqf Property Or Not

The Kerala High Court on Tuesday refused to interfere with an order of Waqf Board for framing scheme for administration of a school, while issue pertaining to whether or not such school is a waqf property is pending consideration before Waqf Tribunal.Court added that while the process of framing a scheme for the administration of Vaduthala Jama-ath Higher Secondary School could continue, the...

Possession Of Live Cartridge Without Corresponding Weapon Not An Offence Under Arms Act: Kerala High Court

The Kerala High Court recently ruled that the presence of a live cartridge alone that had been seized from the bag of a passenger during the security check at the airport without seizure of any corresponding fire-arm would indicate that there was no 'conscious possession' by such passenger, and hence, would not amount to an offence under the Arms Act, 1959.Elucidating Section 25 of the Act...