Kerala High Court
"No Fundamental Right To Demand Laws Titled In Familiar Languages": Kerala HC On 'Hindi' Names Of New Criminal Laws
The Kerala High Court dismissed a Public Interest Litigation filed by a lawyer challenging the Hindi titles given to the new criminal laws, The Bharatiya Nagarik Suraksha Sanhita, The Bharatiya Nyaya Sanhita and The Bharathiya Sakshya Adhiniyam.The Division Bench comprising Acting Chief Justice A Muhamed Mustaque and Justice S Manu observed that citizens have no fundamental right to demand...
Kerala Govt Land Assignment Act | Assignee Bound By Restrictions & Limitations Prescribed In 'Patta' Or Other Assignment Documents: High Court
The Kerala High Court held that the assignee of Government land is bound by restrictions, limitations and conditions prescribed in the patta or other documents of assignment as per the provisions of the Land Assignment Act and rules made thereunder. The petitioner obtained land from the government under the Kerala Government Land Assignment Act, 1960. She is aggrieved by the order of...
A Person Cannot Be Prosecuted For Consumption Of Narcotic Drug On The Basis Of Smell Of His Breath: Kerala High Court
Kerala High Court has held that a person cannot be booked for consuming narcotic drug on the basis that the investigation officer smelt the substance from his breath. The Court observed that if it is allowed, a situation will arise where the investigating officer can prosecute anyone as an accused under Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). It was noted that...
[POCSO] Accused's Culpable Mental State Cannot Be Considered At Pre-Trial Stage: Kerala High Court Dismisses Discharge Plea
The Kerala High Court has held that the culpable mental state of the accused cannot be considered at the pre-trial stage when the prosecution makes out a prima facie case.The Court was considering whether culpable mental state under the POCSO Act could be considered at the time of discharge or quashment of the proceedings against the accused. Justice A. Badharudeen observed that the...
Kerala High Court Weekly Round-Up: August 12- August 18, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 523-535]K P Aliyar v State of Kerala, 2024 LiveLaw (Ker) 523Malayala Manorama Co. Ltd v State of Kerala, 2024 LiveLaw (Ker) 524Shaji M. v State of Kerala, 2024 LiveLaw (Ker) 525K. P. Mohammed Mustafa v Najeeb Kanthapuram and Others, 2024 LiveLaw (Ker) 526Shiyas S v State of Kerala, 2024 LiveLaw (Ker) 527Sayyid Imbichi Koya Thangal @ Bayar Thangal...
Hema Commission Report : Kerala High Court Declines Actor Ranjini's Third Party Appeal, Allows Her To File Fresh Writ Petition
The Kerala High Court today dismissed the writ appeal filed by actor Ranjini challenging the decision of a single bench of the Court allowing the publication of Justice Hema Committee Report on the conditions faced by women in the Malayalam film industry.Noting that Ranjini was not a party to the writ petition filed by Producer Sajimon Parayil (in which the impugned judgment was delivered),...
OTS Benefit Can't Be Denied After Accepting Delayed Installment: Kerala High Court Asks SBI To Release Title Deeds
The Kerala High Court has directed the State Bank of India to release the title deeds of a residential property mortgaged by a petitioner on payment of outstanding debts under the One Time Settlement (OTS) Scheme.The Bank did not confer the benefit of the OTS Scheme to the petitioner, citing a delay in payment of the second instalment within the stipulated time. Justice Dinesh Kumar...
Applications For Condonation Of Delay, Should Not Be Too Hyper-Technical: Kerala High Court
The Kerala High Court has held that the applications for condonation of delay should have been considered without being too hyper-technical and in a judicious manner.The bench of Justice Gopinath P. has observed that the delay in filing the audit report in Form-10B can at best be 30 days, as the law only requires that the audit report be uploaded at least a month before the due date for...
Kerala High Court Dismisses Petition Challenging Hindi Titles To New Criminal Laws
The Kerala High Court dismissed the petition challenging the Hindi titles given to the 3 new criminal Acts.The judgment was delivered by Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu.Adv. Jeevesh had filed this petition alleging that Hindi titles to these Acts can cause confusion, ambiguity and difficulty for the legal community of non-Hindi/ non – Sanskrit speakers and...
Resolve Private Disputes Through ADR Methods So That Courts Can Focus On Larger Public Issues: Justice Muhamed Mustaque
Acting Chief of the Kerala High Court, Justice A Muhamed Mustaque, said that the time and resources of Courts must be used for issues concerning larger public interest rather than addressing private disputes. He stated efforts should be taken to resolve private issues using other dispute resolution methods so that Courts can look at matters involving larger public interests.Justice Mustaque...
'Ex-Army Officer & Celebrity Needs To Be Careful': Kerala High Court Refuses To Quash Case Against Major Ravi For Remarks Against TV Anchor
The Kerala High Court refused to discharge former army officer and Malayalam movie director A. K. Raveendran, also known as Major Ravi, in a criminal case over making sexually coloured remarks against a TV news anchor.The Court remarked that the petitioner, who is a celebrity and a former army officer, should be careful while making statements as common people watch him and his words.Justice...
Actress Ranjini Moves Kerala HC Challenging Publication Of Justice Hema Commission Report, Says She Gave Statements Under Promise Of Confidentiality
Malayalam film actress Ranjini has approached the Kerala High Court challenging a decision of a single bench of the Court allowing the publication of Justice Hema Committee Report on the conditions faced by women in the Malayalam film industry.The actress claimed that she had given statements to the Committee under the promise of confidentiality. The appeal was placed before the bench of...