Kerala High Court
Water Logging Near National Highways: Kerala HC Flags Lack Of Coordination Among Stakeholders, Calls For Consultation Between State, NHAI
The Kerala High Court observed that there must be consultation between the State Government and the National Highways Authority to find out a concrete solution to prevent water logging on the sides of National Highways, leading to hardships faced by those living near these highways which lacked a proper drainage mechanism.The court was considering a plea by residents of the Varappuzha...
Absence Of Proof In Employee's Engagement In Dual Employment, Kerala HC Directs Employer To Pay Salary
A single judge bench of the Kerala High Court, comprising Justice N. Nagaresh, while deciding a petition, held that an employee is entitled to arrears of salary because the employer could not produce enough evidence to prove that employee was engaged in dual employment. Background Facts The respondent was employed by Quattro Investments Pvt. Ltd. as an Area Sales Manager starting...
Gender Issues In Malayalam Film Industry: High Court Reserves Judgment In Plea Challenging Publication Of Justice Hema Commission Report
The Kerala High Court has reserved its judgment in the plea challenging the publication of the contents of Justice Hema Commission Report.The Justice K. Hema Committee was established in 2017, and tasked with studying and suggesting solutions for issues faced by women in the Malayalam film industry.The plea was filed by Malayalam film producer, Sajimon Parayil challenging the order of the...
War Injury Pension/ Disability Pension Is 'Right' Of Eligible Military Personnel, Not Bounty: Kerala High Court
The Kerala High Court has held that war injury pension and disability pension claims are not a bounty but a right available to eligible military personnel. The Court held that provisions of Pension Regulations for military personnel must receive beneficial interpretation.In this Writ Petition, the Armed Forces Tribunal order was challenged before the High Court. The issue was whether...
DV Act | Couple Cohabiting During Subsistence Of Previous Marriage Do Not Share Domestic Relationship In Nature Of Marriage: Kerala High Court
Kerala High Court held that a couple who did a marriage ceremony when their previous marriages were subsisting and lived together for a considerable period of time cannot be said to have a 'relationship in the nature of marriage' as mentioned in the definition of 'domestic relation' in Section 2(f) of Protection of Women From Domestic Violence Act (PWDV Act).Justice P. G. Ajithkumar relied...
No Public Interest In Disclosing Justice Hema Commission Report On Problems Faced By Women In Malayalam Film Industry: Kerala HC Told
Malayalam film producer, Sajimon Parayil submitted before the Kerala High Court that there is no public interest involved in disclosing the contents of the Justice Hema Commission Report.The Justice K. Hema Committee was established in 2017, and tasked with studying and suggesting solutions for issues faced by women in the Malayalam film industry. Justice V G Arun was hearing a plea...
Criminal Antecedents Of Accused Not Bar To Compound An Offence, Which Is Otherwise Compoundable: Kerala High Court
The Kerala High Court has held that the criminal antecedents of the accused would not stand in the way of compounding an offence that is otherwise compoundable under the Indian Penal Code.Justice A. Badharudeen observed that prime facie an offence of theft was made out against the petitioner which is a compoundable offence. It stated that theft is a compoundable offence and could be settled...
Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel
The Kerala High Court has imposed an exemplary cost of Rs. 1 Lakh on an advocate who filed a 'frivolous' contempt petition against a judicial officer. The contempt petition was filed alleging that the judicial officer colluded with an advocate and parties in disobeying the directions of the High Court in a case being contested by the contempt applicant.The original case is a partition suit...
Whether Consent Was Obtained Based On Mistake Of Fact On Promise Of Marriage To Be Determined At Trial: Kerala HC Declines To Quash Rape Case
The Kerala High Court held that when prosecution allegations make out prime facie case, then whether a sexual relationship took place after obtaining consent on the misconception of fact on the promise of marriage has to be decided during evidence.The petitioner was alleged to have committed sexual intercourse with the de facto complainant by giving her promise to marriage. He has approached...
Complainant Being Social Worker Should Have Complained Against Sexual Assault Without Much Delay: Kerala HC Stays Proceedings In Rape Case
The Kerala High Court has allowed a plea to quash the final report and stay further proceedings in a case of rape. The Court observed that the complainant being a social worker ought to have raised a complaint against the alleged sexual assault without much delay. Reportedly, there was a delay of three and a half months in filing the F.I.R.Justice A. Badharudeen observed:“The...
Writ Court Has Jurisdiction Over Non-Statutory Contractual Dispute If State Acts Arbitrarily: Kerala High Court
The Kerala High Court has held that the Writ Court does not always lack jurisdiction to address disputes involving a 'State' entity under Article 12 when it enters into a purely contractual relationship with a private party.The High Court was considering a writ appeal filed by the Indian Space Research Organization (ISRO) challenging the order in the writ petition that directed them to...
Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court
The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it.The Bar Council of India after considering that a large number of people have enrolled with the Bar Council of...