Kerala High Court
Supreme Court Collegium Recommends Appointment Of Justice Nitin Jamdar Of Bombay HC As Kerala HC Chief Justice
The Supreme Court Collegium has recommended the appointment of Justice Nitin Jamdar Of Bombay High Court as the Chief Justice of the Kerala High Court."Bearing in mind that Mr Justice Nithin Madhukar Jamdar is the seniormost puisne Judge of the High Court of Bombay with experience on the judicial and administrative side, the Collegium recommends his appointment as Chief Justice of the High...
Kerala High Court Expresses Disinclination To Permit Differently Abled To Take Driving License Test
The Kerala High Court today expressed its disinclination to allow the plea moved by a 22-year-old, 40 per cent physically disabled citizen to take a driving license test.Justice Dinesh Kumar Singh stated "he cannot put the lives of the general public at risk". “How can you drive a vehicle when you are physically challenged?” enquired the Court. The petitioner has been physically disabled...
Kerala High Court Denies Anticipatory Bail To Accused For Allegedly Assaulting HIV Patient In Care-Home
Kerala High Court denies anticipatory bail to the accused who allegedly tied an HIV patient in their care home to the window and beat her with a wooden log. She suffered multiple fractures. The complaint was given by the victim herself. The Investigating Officer submitted before the Court that it is learnt that the petitioners treat their inmates in a very inhuman manner. He stated that...
Imposing Unaffordable Costs Is Akin To Denying Relief: Kerala High Court Reduces Hefty Cost Imposed On Parties For Recalling Witnesses
The Kerala High Court held that onerous, heavy and unaffordable costs imposed upon the accused for recalling witnesses would violate their rights to recall witnesses to defend their case and establish their innocence.The four petitioners (accused) were imposed with a total of 80,000 rupees as cost while allowing them to recall witnesses. Aggrieved by the imposition of heavy costs, the...
'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court
The Kerala High Court has quashed the proceedings initiated against a man for allegedly making 'sexual gestures' degrading women's dignity, since disclosure of sexual gestures or acts was not discernible from the FIR, Final Report or other materials.Justice A. Badharudeen quashed the proceedings initiated against the petitioner under Section 119 (1)(a) of the Kerala Police Act, 2011....
[KAAPA] Period Of Detention Can Only Be Fixed By Govt Upon Getting Advisory Board's Report, Can't Be Fixed By Magistrate: Kerala High Court
The Kerala High Court declared that under the provisions of the Kerala Anti–Social Activities (Prevention) Act, 2007 (KAAPA), the District Magistrate does not have the power to fix the period of detention. Only the Government can fix the period, that too, after receiving the report of the Advisory Board.The Court Observed:“Only the Government is vested with the power to fix the period...
Woman's Partner In Live-In Relationship Cannot Be Prosecuted For Offence Of Cruelty U/S 498A IPC: Kerala High Court
The Kerala High Court has held that a woman's partner who is not legally married cannot be prosecuted under Section 498A of the IPC for the offence of cruelty. The Court clarified that husband means married man, woman's partner in marriage and does encompass a woman's partner without legal marriage for prosecution under Section 498A of the IPC.Justice A. Badharudeen thus quashed the...
Plea In Kerala High Court Seeks Inquiry Against Calicut University Vice Chancellor Over Alleged Misappropriation Of Funds
A plea has been moved before the Kerala High Court by the elected member to the Senate of the Calicut University alleging misappropriation of funds by the University's Vice-Chancellor. The allegation was regarding the misappropriation of crores of money by the Vice Chancellor for the purchase and installation of Automatic Storage and Retrieval System (ASRS) which are automated racks used...
Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. It observed that the Court should not embark upon an enquiry into the reliability or genuineness of the allegations.Justice K. Babu observed:“It is settled by a long course of decisions of the Apex Court that for the purpose...
No Material To Show Involvement Of Any Transnational Racket In Forced Gender Change Operations: Kerala High Court Declines CBI Inquiry
The Kerala High Court has dismissed the plea moved by a father seeking CBI investigation alleging that his minor son's photographs were illegally used for raising funds for hormone replacement therapy.Justice Bechu Kurian Thomas observed that allegations of involvement of transnational racket or gang in doing forced gender change operations were vague and baseless.“Bearing in mind the...
Kerala High Court Initiates Suo Moto Proceedings To Prevent Unauthorized Use Of National And State Emblems, Govt Boards On Motor Vehicles
The Kerala High Court yesterday directed the Registry to initiate suo moto proceedings after obtaining orders from the Acting Chief Justice to consider the issue of unauthorized use of national and state emblems as well as government boards on vehicles.The Division Bench comprising Justice Anil K. Narendran and Justice Harisankar V. Menon ordered the suo moto case to be numbered as 'Writ...
[Doctrine Of Impossibility] Law Doesn't Permit Denial Of An Individual's Rights For Failure To Perform An Impossible Task: Kerala HC
The Kerala High Court has held that denial of opportunity to seek public employment forever to a particular class of students because they were unable to obtain an equivalency certificate due to being compelled to complete an impossible task is violative of Article 14 of the Constitution. In this case, petitioners were denied an equivalency certificate by the Kerala Agricultural University...