Abandonment Of Senior Citizen Must Be Total & Complete Without Any Arrangement Of Care To Constitute An Offence: Kerala High Court

The Kerala High Court observed that to constitute an offence of 'abandonment of senior citizen', there should be total and complete abandonment without any arrangement of taking care of the person.Justice Bechu Kurian Thomas observed:“Thus unless there is a total and complete abandonment of the parent by leaving him in a place without any arrangement for taking care of the senior citizen,...

Kerala HC Dismisses Plea By MLA Mani Kappan Challenging Magistrate's Order Framing Charges Against Him For Alleged Criminal Breach Of Trust, Cheating

The Kerala High Court has dismissed the criminal revision petition filed by MLA Mani C Kappan against the order of a Special Judge framing charges against him for allegedly committing offences of cheating and criminal breach of trust. MLA Kappan currently represents the Pala constituency in Kerala.Justice C S Dias quashed the Revision Petition filed by MLA Kappan on finding that the Special...

Teachers Liable Under Juvenile Justice Act For Assaulting Children But Mere Corrective Measures To Enforce Discipline Not Punishable: Kerala HC

The Kerala High Court has held that teachers cannot be prosecuted under the Juvenile Justice (Care and Protection of Children) Act, 2015 for using simple corrective measures for enforcing discipline in schools.Justice A. Badharudeen thus quashed the proceedings initiated against the petitioner under Section 82 (corporal punishment) of the JJ Act and Section 324 (voluntarily causing hurt...

Registrar Of Co-Operative Societies Is 'Public Authority', Expected To Provide Information Not Exempted Under RTI Act: Kerala High Court

The Kerala High Court has held that the Registrar of Co-operative Societies is a public authority under the Right To Information Act. It stated that Registrar, being a public authority could gather and disclose information obtained from the Co-operative Society under his administrative or supervisory control to the extent permitted by law.In this case, the appellant had sought some...

'LGBT Persons Entitled To Privacy Like Other Heterosexual Persons': Kerala HC Grants Relief To Transwoman Forced Into Conversion Therapy

The Kerala High Court has come to the rescue of Elida Rubielle, a transwoman who was allegedly forced to undergo conversion therapy. It noted that the 19-year-old had made a firm decision to live separately from her parents and said the choice and desire expressed by her needs to be respected.A bench of Justice Raja Vijayaraghavan V. and Justice P. M. Manoj observed:“LGBT persons like...

Centre Notifies Appointment Of Justice A Muhamed Mustaque As Acting Chief Justice Of Kerala High Court

The Central Government has notified the appointment of Justice A. Muhamed Mustaque as the Acting Chief Justice of Kerala High Court. This follows upcoming superannuation of Chief Justice AJ Desai on July 04.Justice Mustaque got enrolled as a lawyer in the year 1989. He practised 7 years before various courts and statutory authorities in Kannur. He was sworn in as an Additional Judge of the...

Plea In Kerala High Court Challenges Levy Of Court Fee In Cases U/S 138 Negotiable Instruments Act

A petition has been filed before the Kerala High Court challenging the levy of court fees in complaints under Section 138 of Negotiable Instrument relating to dishonour of cheque. The Registrar General of Kerala High Court issued an Official Memorandum directing to collection of the court fee as recommended by the Finance Bill, 2024. This was done by invoking the provisions of Kerala...

If Tehsildar Issues 'Patta' Under Kerala Land Assignment Rules, It Is Implied That All Land Assignment Dues Are Paid: High Court

The Kerala High Court has held that the Kerala Land Assignment Rules (KLA Rules) lay down that patta will be issued by the Tehsildar only if LA dues are paid by the assignee. The Court thus held the cancellation of patta on the ground that the assignee did not pay LA dues as invalid.The issue was decided by Justice K. Babu in a second appeal. The Appellant had initially filed a suit...

Every Breach Of Contract Would Not Amount To Breach Of Trust Or Cheating To Initiate Criminal Proceedings: Kerala High Court

The Kerala High Court has held that each and every breach of contract would not amount to breach of trust unless it is shown that there was an intent to cheat and defraud from the very inception.Justice A. Badharudeen quashed the proceedings against the petitioners on finding that it was a mere breach of contract and not breach of trust. “Each and every breach of contract would not amount...

"No Intent To Harm Reputation": Kerala High Court Quashes Defamation Case Against Editor & Publisher Of Madhyamam Newspaper

The Kerala High Court has quashed proceedings initiated against the editor and publisher of Madhyamam newspaper under Section 499 of the IPC on finding that the alleged news item was published without intention or knowledge to harm the reputation of the complainant.Section 499 of the IPC defines defamation and the essential ingredients to constitute an offence of defamation. Section 500 of...

[Insurance Ombudsman Rules] Rule 17 Empowers Ombudsman To Grant Compensation But Gives No Power To Issue Directions Upon Insurer: Kerala HC

The Kerala High Court held that an Insurance Ombudsman was empowered to pass an Award granting compensation to the complainant but not empowered to issue directions to the Insurer as per Rule 17 of the Insurance Ombudsman Rules, 2017.The Court was considering whether an Insurance Ombudsman could direct the Insurance Company to issue a Medical Insurance Policy to the appellant and his...

Kerala Co-Operative Societies Act | Impleadment Of Legal Representative In Execution Of Arbitral Award Is Not Hit By Limitation: Kerala High Court

The Kerala High Court held that that non – non-impleadment of legal representatives after the death of the judgment-debtor does not abate the execution proceedings with respect to an arbitral award. The requirement in Code of Civil Procedure requiring the legal representative to be impleaded within the limitation period will not apply for execution of arbitration proceedings under...