Kerala High Court Constitutes Expert Committee To Address Issue Of Human-Animal Conflicts, Restoration Of Wildlife Corridors

The Kerala High Court on Wednesday constituted an Expert Committee to aid and advise regarding the short-term and long-term measures to address the problem of human-wildlife conflict, restoration of wildlife habitats, restoration of wildlife corridors and matters incidental to it.The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath P. actualized its suggestion...

Vehicles With Multi-Colour LED, Neon Lights Can't Be Treated As Compliant With MV Act For Grant Of Fitness Certificate: Kerala High Court

The Kerala High Court recently held that vehicles that install additional LED, laser, neon lights or flash lights cannot be granted certificate of fitness as they do not comply with the provisions of the Motor Vehicles Act. The Court observed that installation of such additional lights could 'dazzle' the drivers of approaching vehicles and could pose serious threats to safety of other...

Illicit Sale Of Liquor Should Be 'In Praesenti' To Attract Offence Under Kerala Abkari Act: High Court

The Kerala High Court on Tuesday held that the sale of liquor ought to be made in praesenti in order to attract the offence under Section 55(i) of the Kerala Abkari Act (hereinafter, 'the Act'). Section 55(i) of the Act states that a person who sells or stores for sales liquor or any intoxicating drug in contravention of the Act or any Rule or Order made under the Act shall be punished....

Plea In Kerala High Court Seeks Ban On Children Performing 'Thee Chamundi Theyyam' Ritual Dance

A petition in the nature of a Public Interest Litigation (PIL) has been filed in the Kerala High Court seeking a ban on the participation of children in the performance of ‘Thee Chamundi Theyyam’, a ritualistic dance in north Malabar region of Kerala. In the plea filed by NGO Dhisha, it has been alleged that the ritualistic dance performance, also known as 'Ottakolam Theyyam', which is...

[Special Marriage Act] Registering Authority Cannot Refuse Online Solemnization Of Marriage: Kerala High Court

The Kerala High Court recently held that the registering authority under the Special Marriage Act, 1954 cannot refuse solemnization of marriage online.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas made its interim order dated September 9, 2021 in this regard absolute, and directed the State Government to follow the directions therein until the...

S.153 IPC | Expression 'Malignantly' Or 'Wantonly' Giving Provocation With Intent To Cause Riot Indicates Higher Degree Of Malice: Kerala High Court

The Kerala High Court recently explained the scope and extent of Section 153 of the Indian Penal Code, 1860 which refers to the offence done malignantly or wantonly to give provocation to the extent of causing a riot.The Single Judge Bench of Justice Bechu Kurian Thomas elucidated that the presence of the two expressions, 'malignantly' or 'wantonly' in the provision indicates that there ought...

Plea In Kerala High Court Challenges Centre's Order Blocking Open Source Messaging Apps 'Briar', 'Element'

A plea has been filed in the Kerala High Court challenging the blocking of Free and Open Source Software (FOSS) applications— 'Element' and 'Briar', by the Central Government under Section 69A of the Information Technology Act, 2000 (hereinafter, 'IT Act, 2000'). As per media reports, on May 1, 2023, Centre blocked fourteen mobile messaging applications under Section 69A of the IT Act...

[Kerala Education Rules] Aided School Not Bound By Procedure For Dismissal Where Teacher Is Convicted On Criminal Charge: Kerala High Court

The Kerala High Court recently held that a teacher in an aided school governed by the Kerala Education Act (hereinafter, 'the Act') and the Kerala Education Rules (hereinafter, 'the KER'), can be dismissed from service on the basis of conviction in a criminal case, without following the procedures prescribed under Rules 65, 74 and 75 of Chapter XIVA KER.The Division Bench comprising Justice...

Kerala High Court Weekly Round-Up: May 8 To May 14, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 214-217]Muhammed Shiraz @Shiraz v. State of Kerala & Ors, 2023 LiveLaw (Ker) 214Antony C.L. v. Kerala Water Authority & Ors., 2023 LiveLaw (Ker) 215Sujith Sreerengum V Sunil Sradheyam & Another, 2023 LiveLaw (Ker) 216State of Kerala V Nino Mathew, 2023 LiveLaw (Ker) 217Judgments/Order This WeekFIR U/S 57 Kerala Police Act Is For...

'When Court Speaks For People, It Becomes Anti-Govt?' : Kerala High Court Laments Cyber Attacks On Judges

The Kerala High Court on Friday condemned the cyber attacks being launched against judges for taking up matters of public importance."...The problem is, when Court speaks for the people, it becomes anti-government. I don't know how this happens. We are facing cyber attacks. What kind of system are we creating where Judges can't speak aloud? Because we have initiated a suo motu in this case,...

Can't Allow Boat Operators To Make Money At Cost Of People's Lives: Kerala High Court Issues Preliminary Directions To Avert Overloading

Following the unfortunate Tanur boat tragedy that claimed 22 lives, including that of 15 children, the Kerala High Court on Friday issued preliminary directions to avert any further boat accidents in the State.As per media reports, the tourist boat that had allegedly been functioning without the mandatory fitness certificate, had possibly capsized due to overloading. It is alleged that the...

High Court At Appellate Stage Can Order Mitigation Investigation Even Before Conviction Is Upheld: Kerala High Court In Death Sentence Reference

While hearing two death sentence references, the Kerala High Court on Thursday held that there is no legal bar in commencing mitigation investigation even before the High Court begins hearing the issue on conviction at the appellate stage.A division bench comprising of Justice Alexander Thomas and Justice C. Jayachandran was of the view that if the mitigation investigation is conducted only...