Lawyer Moves Kerala High Court Against Dumping Of Plastic Waste In National Parks, Wildlife Sanctuaries, Tiger Reserves & Forest Areas In State

A lawyer has moved the Kerala High Court against the dumping of garbage and plastic waste in forest areas, national parks, wildlife sanctuaries, Tiger reserves in the State.The petitioner is aggrieved by the inaction of the authorities in combating plastic pollution into ecologically sensitive and forest areas to prevent environmental pollution. The Division Bench comprising Chief Justice A...

Kerala HC Orders Production Of Transwoman Allegedly Being Forced To Undergo 'Conversion Therapy', Restrains Any Surgeries On Her Till Then

A Habeas Corpus petition has been moved before the Kerala High Court alleging that a trans woman is being forced to undergo conversion therapy in Amrita Hospital, Kochi.The Division Bench comprising Justice Amit Rawal and Justice Easwaran S. ordered to produce Elida Rubielle before the Court on Monday. The Court also directed that no surgeries should be performed on her in the...

22-Yr-Old Differently Abled Person Moves Kerala High Court Seeking Permission To Take Driving License Test

A 22-year-old, 40 per cent physically disabled citizen has moved the Kerala High Court stating that he has been denied the opportunity to take part in the driving license test.It is stated that the petitioner's fundamental rights guaranteed under Articles 14, 19 And 21 have been denied by violating his right to equal opportunity. He stated that his right to reputation and right to livelihood...

Nothing Confidential About Property Register Kept In Public Office In Modern Era Of Right To Information & Transparency: Kerala High Court

The Kerala High Court held that a property register maintained in a public office is not confidential or a record of proceedings to be protected from disclosure as per Rule 225 of Criminal Rules of Practice, Kerala 1982.The petitioner has approached the High Court challenging the dismissal of his application for obtaining a certified copy of a property register in relation to a property...

[S. 306 IPC] Compliant Filed Before A Lawful Authority Cannot Amount To Abetment To Suicide: Kerala High Court

The Kerala High Court has held that a complaint filed before a lawful authority would not amount to instigation or abetment to suicide under Section 306 of the IPC, since filing such a complaint is not intended to instigate or abet the deceased to commit suicide.Justice Bechu Kurian Thomas stated thus: “A mere complaint to a lawful authority against a person cannot be treated as an abetment...

When Does An Appeal Lie To The Commercial Appellate Division Of The Court? Kerala High Court Discusses

The Kerala High Court in a recent order held that appeals will lie in the Commercial Appellate Division of High Court when the order is passed by Commercial Court at the level of a District Judge or by the Commercial Division of the High Court. Division Bench of Justice Anil K. Narendran and Justice Harisankar V. Menon said, if the order is passed by a Commercial Court below the level of...

No Permission Needed When Minerals Extracted From One's Property Aren't Transported, Only Liability Is To Inform Authorities & Pay Royalty: Kerala HC

The Kerala High Court declared that a person need not seek permission when extracting minerals on his property when the mineral is not transported outside the premises of the property. The Court said that he only needs to inform the concerned authorities and pay them a royalty fee for using the granite for construction. Justice C. Jayachandran observed: “Needless to say that in case there is...

Pantheerankavu Domestic Violence Case: Police Oppose Husband's Quashing Plea; Says Wife Was Seriously Injured, Must Have Settled Under Pressure

The Kerala Police has opposed the quashing petition filed by Rahul P Gopal, accused in the infamous Pantheerankavu domestic violence case, stating that his wife was seriously injured when she came to the police station and the alleged compromise between the parties must be an outcome of pressure and threats.Rahul allegedly attempted to strangle his wife using cable wire, after she failed...

After Man Convicted For Wife's Murder Dies, Kerala High Court Dismisses His Appeal Saying Children Would Not Want To Continue

The Kerala High Court has dismissed an appeal as abated after the death of a man convicted for the murder of his wife. Division Bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V. M. said that the man's children would not be interested in coming on record to continue the appeal since in a sense, they are also victims of the alleged crime.The Code of Criminal Procedures...

[Kerala Local Authorities Entertainment Tax Act] Entertainment Tax Cannot Be Levied On Unsold Concert Tickets: High Court

The Kerala High Court directed the Municipality under whose jurisdiction a music concert was held to refund the entertainment tax levied on unsold tickets.Justice Gopinath P. stated that entertainment tax could only be charged under Section 3 of the Kerala Local Authorities Entertainment Tax Act, 1961 towards sold tickets and not on unsold tickets. The Court said:“The learned counsel for...

Home Guards Appointed On Daily Wage Basis, Recruitment And Selection Process Different From Civil Police Officers: Kerala High Court Denies Pay Parity

The Kerala High Court has stated that Home Guards are appointed on a daily wage basis and their recruitment and selection process differed from that of a Civil Police Officer. The Court further observed that Apex Court in Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh and Others (2015) had not declared that Home Guards shall be treated at par with Civil...

Domestic Violence Act | Divorced Wife Can't Be Evicted From 'Shared Household' Except With Procedure Established By Law: Kerala High Court

The Kerala High Court in a recent judgment observed that a former wife, though divorced cannot be evicted from a shared household except through a procedure laid down by law. The Court observed that even though a divorced woman had no right over the shared household, if she was staying there during or after divorce, she could be evicted only through a procedure established by law.Justice...