False Promise Of Marriage: Kerala High Court Refuses To Quash Rape Case, Says Accused Obtained Consent Only For Sexual Relations

The Kerala High Court recently refused to quash the criminal proceedings that had been initiated against a person for allegedly raping a woman under the false promise of marriage, on the ground that the facts prima facie established that he had never intended to marry her.Justice K. Babu perused Section 90 of the Indian Penal Code which refers to the expression 'consent', and noted that for...

Kerala High Court Refuses To Interfere With Trial Court's Order For In-Camera Proceedings In Koodathayi Murder Case

The Kerala High Court on Monday refused to interfere with the order of the trial court that directed proceedings to be held in-camera in the trial for the murder of Roy Thomas, where his wife Jolly Joseph is the prime accused.A single bench of Justice Bechu Kurian Thomas said,"Unless the applicant is able to show that prejudice has been caused on account of the order directing...

Plea Filed In Kerala High Court Against Water Authority Alleging Trespass, Erection Of Hoarding On Private Property

The Kerala High Court has sought response of the local authority on the plea of a Kochi resident accusing the Water Authority of trespassing on his private property and putting up hoardings thereon.Justice Shaji P. Chaly directed the Tahsildar of Kanayannur Taluk in Ernakulam to file the report within three weeks.The 53 years old petitioner claims to be the owner in possession of 8.1 Ares...

Kerala High Court Weekly Round-Up: March 13 To March 19, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 131-143]Anil MP v Capital Finserv Ltd 2023 LiveLaw (Ker) 131Haseeb O.P. v. Muhammas Sufiyan & Ors. and other connected matters. 2023 LiveLaw (Ker) 132George Kurian @ Pappan v. State of Kerala & Anr. 2023 LiveLaw (Ker) 133Haris and Others v State of Kerala and Another 2023 LiveLaw (Ker) 134The Village International School & Anr v. State...

Kerala High Court Asks Centre To Consider Allowing Vehicles To Pass Without Paying Toll During Busy Hours

The Kerala High Court on Friday asked the Centre to consider allowing vehicles to pass through toll booths without paying toll during busy hours of traffic when the queue of vehicles is long.A division bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen asked the Union Government to consider giving retrospective effect to the Policy Circular dated 24.5.2021 of the...

When Loan Has Been Repaid, Bank Can't Withhold Title Documents Merely Because Borrower Transferred Mortgaged Property : Kerala High Court

The Kerala High Court on Friday held that a bank could not retain the security documents related to a mortgaged property if the loan amount has been paid in full by the borrower, merely because during term of the mortgage, it was alienated to a third party by the borrower. A single bench of Justice Shaji P Chaly held that : “merely because the property was transferred by the petitioner...

Kerala High Court Grants Parole To 'Ripper Jayanandan' For Attending Daughter's Wedding

The Kerala High Court on Friday granted parole for a period of fifteen days to 'Ripper Jayanandan', an infamous killer accused of seven murders committed during thirty-five robberies, for partaking in the wedding of his daughter. In the petition filed by the wife of the convict, their daughter, Advocate Keerthi Jayanandan had appeared as the counsel. Justice Bechu Kurian Thomas, while...

Kerala High Court Quashes Governor's Order Suspending KTU Syndicate Resolutions

The Kerala High Court on Friday quashed the order of the Chancellor of the APJ Abdul Kalam Technological University, Arif Mohammed Khan, who is also the Governor of the State, suspending the resolutions issued by the Syndicate and Board of Governors of the University. Justice Sathish Ninan passed the above order noting that the proviso to Section 10(3) of the APJ Abdul Kalam...

No Finality For Kerala HC's Observation That Church Assets Are Public Trusts & Not Governed By Canon Law : Supreme Court

The Supreme Court on Friday clarified that the observations made by the Kerala High Court in Cardinal George Alencherry's case regarding canon law and the power of the Bishops to alienate church assets are prima facie in nature and no finality can be attached to them.While dismissing the petition filed by Alencherry, the Major Archbishop of Syro-Malabar Church, to quash the criminal cases...

Ernakulam Law College Students To Have Facility To Watch Live Stream Of Supreme Court & High Court Hearings On Campus

Kerala’s oldest institution of legal education which is about to celebrate 150 years of its inception, is paving the path for effectively incorporating technology into the education system. The Government Law College, Ernakulam will be inaugurating a dedicated facility for live streaming of Supreme Court and Kerala High Court proceedings at its campus on Saturday, 18th March, 2023. The...

Senior Citizen Offsprings Of 94-Yr-Old Who Died In Road Accident Entitled To Compensation For 'Loss Of Parental Consortium': Kerala High Court

The Kerala High Court recently considered the issue as to whether the children of a nonagenarian road accident victim, who are themselves senior citizens, would be entitled to compensation for 'Loss of Parental Consortium'. Noting that the Tribunal had awarded an amount of Rs. 40,000/- under the head 'Loss of Love and Affection', which was challenged by the counsels for the Insurance Company...

CBSE Submits In Kerala High Court Suggestions To Prevent Sexual Abuse In Schools But Says Govt Agencies More Appropriate To Implement It

The committee of experts constituted by the CBSE on the direction of the Kerala High Court to create and implement a prevention-oriented programme on sexual abuse in schools submitted its report on ways to put mechanisms in place for the same. A single bench of Justice Bechu Kurian Thomas on Wednesday took the report of the Committee of Experts of CBSE on record. CBSE prefaced its report...