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...

Kollam Doctor Murder | Police Duty To Guard Citizens Even At Cost Of Their Own Lives: Kerala High Court; Police Chief Assures Of Modified Protocol

The Kerala High Court on Thursday observed that it is the lack of protocols and systemic failure that led to the gruesome murder of a 23-yr-old house surgeon who was stabbed multiple times by an injured man brought to the government hospital in a police jeep, in Kottarakkara, Kollam. A Division Bench comprising of Justice Devan Ramachandran and Justice Kauser Edappagath observed,"As far as...

Kerala High Court Allows Conduct Of Vacation Classes For Students Aged Above 14 Years, Stays Govt Order

The Kerala High Court on Tuesday stayed the order issued by the Kerala Government prohibiting conduct of vacation classes. The High Court observed that vacation classes for students above the age of 14 years could be conducted, and could not be disturbed without valid reasons. Staying the Government order for a period of two weeks, the Single Judge Bench of Justice A....

Medical Interns, PG Students Should Be Protected: Kerala High Court Issues Preliminary Directions After Fatal Attack On Woman Doctor In Kollam

The Kerala High Court has ordered that medical interns, house surgeons and post-graduate medical students should also be provided protection under the provisions of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012.The Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath issued...

'If Doctors Can't Be Protected, Shut Down All Hospitals': Kerala High Court Slams State, Police Over Doctor's Murder By Man In Custody Brought For Checkup

In an urgent special sitting convened today, the Kerala High Court slammed the State and Police authorities for their failure to prevent the gruesome murder of a 23-yr-old house surgeon who was stabbed multiple times by an injured man brought to the government hospital in police jeep. The unfortunate incident happened early this morning."If doctors can't be protected, shut down all hospitals,"...

Water Supply | Residential Apartment Which Is Neither Flat Nor Multi-Storied Building Entitled To Domestic Connection: Kerala High Court

The Kerala High Court recently held that where an apartment does not fall within the ambit of the definition of flat or multi-storied building under the Kerala Water Supply and Sewerage Act, 1986 (hereinafter, 'Act, 1986'), the owners of such apartment could not be insisted upon to apply for a Contributory Street Main Extension (CSME) connection. Justice Shaji P. Chaly observed, "...If...

Tanur Boat Tragedy: Kerala High Court Initiates Suo Moto Proceedings, Cracks Whip On State Authorities For Failed Supervision

The Kerala High Court on Tuesday initiated suo motu proceedings in light of the boat accident that claimed 22 lives, including 15 children in Tanur area of Malappuram district. As per media reports, the tourist boat which had allegedly been functioning without the mandatory fitness certificate, had possibly capsized due to overcrowding. It is alleged that the boat which only had around...

Kerala Anti-Defection Law| Formal Membership In Political Party Not Prerequisite To Apply Disqualification Provisions For Voluntarily Giving Up Membership: High Court

The Kerala High Court recently held that a formal membership in a political party is not a prerequisite for the provisions of 'disqualification' for voluntarily giving up party membership under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 to apply. The Court observed that a member contesting as a candidate in an election with the support of a political party shall be...

FIR U/S 57 Kerala Police Act Is For Locating Missing Person; Does Not Contemplate Investigation Unlike FIR U/S 154 CrPC: Kerala High Court

The Kerala High Court on Tuesday held that the registration of a First Information Report (FIR) under Section 57 of the Kerala Police Act (hereinafter, 'K.P. Act') is only for the purposes of locating a missing person, and the same cannot be treated as an FIR under Section 154 Cr.P.C. Explaining the intent of Section 57 of the K.P. Act, the Single Judge Bench of Justice K. Babu observed...

Kerala High Court Weekly Round-Up: May 01 To May 07

Nominal Index [Citation: 2023 LiveLaw (Ker) 209-213]M/S De-Fab V Priya Varma 2023 LiveLaw (Ker) 209P.T. Sheejish v. Union of India & Ors. 2023 LiveLaw (Ker) 210State of Kerala v. Sanith Jan and State of Kerala v. Arun 2023 LiveLaw (Ker) 211St. Mary's Orthodox Church & Anr. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 212Kerala Public Service Commission...

State Disability Commissioner Cannot Adjudicate Upon Service Matters Or Direct Appointment To Civil Services: Kerala High Court

The Kerala High Court on Friday held that the State Commissioner for Persons with Disabilities cannot make an adjudication on a service matter or direct appointment of a person to civil services of the Central Government or the State Government.Justice N. Nagaresh perused Sections 80-83 of the Rights of Persons with Disabilities Act, 2016, and observed that, "A reading of Sections 80 to 83...

The Kerala Story : Kerala High Court Allows Petitioners To Pursue Their Complaints Before CBFC Against Film

While refusing to stay the exhibition of "The Kerala Story" movie, the Kerala High Court on Friday granted liberty to two of the petitioners to pursue the complaint filed before the Central Board of Film Certification (CBFC) against the controversial film.The Division Bench of Justice N. Nagaresh and Justice Sophy Thomas, taking note that one of the petitioners represented by Advocate...