Kerala High Court
Accused Cannot Unilaterally Ask Victim Or Witnesses To Undergo Narco Analysis/ Lie Detection Test To Prove Defence Case: Kerala High Court
The Kerala High Court has held that an accused cannot unilaterally demand the victim or witnesses to subject themselves to lie detection tests like Narco Analysis Test or Polygraph Test to prove defense case.The petitioner, who is the first accused in a sexual assault case has approached the High Court for conducting lie detection test on the minor victim and her parents to prove his...
Kerala High Court Weekly Round-Up: July 16 – July 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 437-458]Remya Haridas v State of Kerala and Others, 2024 LiveLaw (Ker) 437Abdul Razak v Union of India, 2024 LiveLaw (Ker) 438Vivek Joy v State of Kerala & Connected Case, 2024 LiveLaw (Ker) 439Soman T. N. v Additional District Collector and Others, 2024 LiveLaw (Ker) 440Joby George v Siby Valloran, 2024 LiveLaw (Ker) 441Sajith Shyam v State...
"Adjustment Period Is Needed, We Are Also Learning": Kerala High Court In PIL Challenging Hindi Titles Of New Criminal Laws
The Kerala High Court has asked the petitioner who challenged the Hindi titles for the new criminal laws whether the matter was justiciable. The case came for hearing before the bench of Acting Chief Justice A. M. Mustaque and Justice S. Manu.“First you tell us what is the justiciable act? What can be brought before the Court? What cannot be brought before the Court? We are not the authority...
[UAPA] SC's Prabir Purkayastha Judgement Mandating Giving Reasons For Arrest To Accused In Writing Not Applicable Retrospectively: Kerala HC
Kerala High Court held that the direction of the Supreme Court in Prabir Purkayastha v State (NCT of Delhi) (2024) which held that for an arrest under UAPA to be valid the arrestee should be furnished with grounds of arrest in writing, would only need to be applied prospectively. It was held that arrests made before the date of judgment cannot be considered invalid for the reason that...
Register Writ Petitions Against DRT/SARFAESI Proceedings As Unnumbered And Send To Bench : Kerala High Court To Registry
The Kerala High Court issued a notification on July 19 directing the Filing Scrutiny Officers to register petitions filed under the DRT Act and SARFAESI Act as unnumbered and sent to the Bench as per roster for directions.This is pursuant to the judgment of the Supreme Court in PHR Invent Educational Society vs. UCO Bank (Civil Appeal No. 4845/2024) deprecating the interference of the High...
Special Judge Went Into Mini Trial At Cognizance Stage: MLA Mathew Kuzhalnadan Opposes Dismissal Of Complaint In CMRL Pay-Off Case
In the CMRL Pay-Off Case, MLA Mathew Kuzhalnadan yesterday argued that the Special Judge (Vigilance) went into a mini-trial to exonerate the Chief Minister Pinarayi Vijayan of all the allegations at the stage of taking cognizance of the complaint, without even examining him.Justice K Babu was hearing the review petition filed by MLA Mathew challenging the decision of Special Judge...
Kerala High Court Resolves To Revise Selection Rules For Civil Judge (Junior Division), Minimum Three Years Of Practise Needed To Apply
In a Full Court meeting of judges, the Kerala High Court has resolved to carry out amendments in the Selection Rules for appointment to the post of Civil Judge (Junior Division), specifying a requirement of minimum of three years of practise as an Advocate to apply for the Kerala Judicial Service Examination. This means that aspiring candidates must have practised as an Advocate for at...
Forcing Spouse To Continue Broken Marriage, Denying Separation Perpetuates Mental Agony And Constitutes 'Cruelty': Kerala High Court
The Kerala High Court recently granted permission for the dissolution of marriage upon the wife's request, despite the husband seeking dismissal of the petition and not pursuing divorce.The Court stated that parties were unable to lead a meaningful matrimonial life and that forcing one spouse to continue in marriage would create mental agony and that would undermine the purpose of marriage....
[POCSO Act] 'Lifting Dhothi And Asking Minor To Measure Penis Amounts To Sexual Harassment': Kerala High Court
Kerala High Court has held that an act of showing a person's private part to a child and asking her to measure it will constitute the offence of sexual harassment under the Protection of Children from Sexual Offences Act (POCSO Act)Justice A. Badharudeen observed;“In this case, as I have already pointed out, lifting of dhothi to show his private part, and then asking the victim to measure...
Considering Heavy Rains, Kerala High Court Asks District Judiciary To Conduct Hearings In Hybrid Mode
Registrar (District Judiciary) of the Kerala High Court has issued an Official Memorandum directing all District Judges to ensure that the Video Conferencing facility provided in the District Judiciary is effectively utilized and to make hybrid mode of hearing mandatory in all courts. The direction was issued amid advance of monsoon and heavy rains in the State. The OM issued on 17th July...
Kerala High Court Invites Applications From Eligible Lawyers For Senior Advocate Designation
The Kerala High Court issued a notification inviting applications from eligible advocates for designation as Senior Advocates.The notification states that Senior Advocates can also recommend the names of advocates for designation. As per the notification dated July 18, the last date to submit applications is on or before August 12, 2024, by 4.30 PM. It is stated that applications...
Dozens Of Masala Bonds In Other States, FEMA Probe Launched Only In Kerala? KIIFB Submits Before Kerala High Court
The Kerala Infrastructure Investment Fund Board (KIIFB) submitted before the High Court that the ED cannot target and carry inquiry against KIIFB in the State of Kerala alone when there are dozens of other masala bonds issued in other StatesJustice T R Ravi was considering two separate writ petitions filed by KIIFB and Dr Thomas Isaac challenging the summons issued against them by the ED...