'Govt Not Expected To Intervene In Administration Of Co-op Societies': Plea In Kerala HC Challenges Provisions Of Kerala Co-operative Society Amendment Act 2023

A writ petition is moved before the Kerala High Court challenging various provisions of the Kerala Co-operative Society Amendment Act, 2023. The Amendment Act was notified and published in the Kerala Gazette on June 07, 2024.The plea has been filed challenging sections 14AA, 28(2A), 32 (4), 33, 34A, 56, 57E and 64 alleging that the amendments would cause governmental interference in...

State Bound To Ensure That When Public Properties Are Used For Any Purpose, It Is Done In A Manner Which Is Least Inconvenient To Its Subjects: Kerala HC

The Kerala High Court in a writ petition has decided on the balance of rights of travellers in the public pathway and that of private persons in adjoining property in relation to the construction of structures near public roads. Justice M. A. Abdul Hakim held that constructions which are necessary for the maintenance of the users of the pathway can be made on public land, but, care should...

Arbitration Clause Valid But Unilateral Appointment Part Is Invalid: Kerala High Court

The Kerala High Court bench of Justice G. Girish has held that arbitration clauses with provisions for the unilateral appointment of an arbitrator cannot be entirely rejected due to this defect. It held that the clauses are to be considered valid arbitration clauses except for those portions which confer the authority upon one party to unilaterally...

'Judgments Of Retired Judges Not To Be Uploaded 3 Days After Their Retirement' : Kerala High Court Chief Justice Issues Guidelines

Chief Justice A J Desai of the Kerala High Court has issued guidelines to be followed by judges regarding the signing and uploading of orders/judgments and the use of Chambers and Staff on their Retirement/Transfer/Elevation.Use of ChambersJudges are refrained from using chambers after the date of retirement. It is also stated that staff of the judge shall hand over all case records to...

Consider Substantial Increase In Entry Fee To Eco-Tourism Centres To Reduce Number Of Visitors: Kerala High Court To Govt

The Kerala High Court has asked the State government to consider making a "substantial increase" in the entry fee to eco-tourism areas.The development comes after the Additional Advocate General for the State informed the High Court that its earlier order of closing down eco-tourism centers in Wayand is causing great prejudice.The High Court had ordered temporary closure of the eco-tourism...

Kerala High Court Directs Probe Against Former DGP For Allegedly Disclosing Identity Of Sooryanelli Rape Victim In His Book 'Nirbhayam'

The Kerala High Court has directed the Station House Officer, Mannanthala Police Station to review the complaint lodged by the petitioner against former DGP and author Siby Mathews alleging the commission of an offence under Section 228 A of IPC. The Court directed the SHO to conduct a preliminary investigation to determine whether Siby Mathews has disclosed the details of the identity of...

Accused 'Exploited Vulnerability': Kerala High Court Sentences Four To 30 Yrs Rigorous Imprisonment For Gang Rape Of Migrant Woman

The Kerala High Court has convicted four accused to rigorous imprisonment of 30 years under Section 376D of the IPC for committing the offence of gang rape on a migrant woman worker in 2015. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. relying upon the Apex Court decision in Patan Jamal Vali v. State of Andhra Pradesh (2021), considered...

Husband Acquitted From Offence Of Dowry Death U/S 304B IPC Can Be Held Guilty Of Marital Cruelty U/S 498A Depending On Facts: Kerala HC

The Kerala High Court has held that just because a person was charged and acquitted under Section 304B of Indian Penal Code for dowry death does not mean that he cannot be convicted under Section 498-A of the Act for marital cruelty.The judgment was made by Justice Johnson John while deciding a Criminal Appeal against the decision of Sessions Judge where he found the appellant guilty of...

[S.216 CrPC] Alteration Of Charge Is A Vested Right Of Court, Within Its Domain And Not That Of The Parties: Kerala High Court

The Kerala High Court reiterated that the power of alteration of charges under Section 216 of the CrPC is the vested power of the Court, and could be exercised at any time before judgment is pronounced.The Court stated that parties have no such vested right, but they can move an application seeking alteration of charges which the Court will decide. Justice A. Badharudeen observed thus:...

Kerala High Court Directs Govt To Build E-Toilets For Flood-Affected Tribal Families In Nilambur

The Kerala High Court has directed the state authorities to build an appropriate number of e-toilets for around 300 families living in the area. A report in this regard shall also be filed before the Court.The Division Bench comprising Chief Justice A. J. Desai and Justice V. G. Arun passed this order in a plea filed by Aryadan Shouketh, former Chairperson of Nilambur Municipality and a...

Kerala High Court Forms Expert Committee To Curb Pollution In Periyar River

The Kerala High Court has formed an Expert Committee to submit a report containing suggestions and actions to be taken to curb pollution in the Periyar River.The Division Bench comprising Chief Justice A J Desai and Justice V G Arun directed thus: “The committee shall consist of the Secretary, Directorate of Environment and Climate Change, Government of Kerala, the Regional Director,...

Kerala High Court Declines Minor Girl's Plea Seeking Pilgrimage To Sabarimala Temple Due To Issues Pending Before SC's Larger Bench In Review Petition

The Kerala High Court today dismissed the writ petition of a 10-year-old minor girl who invoked its writ jurisdiction under Article 226 of the Constitution of India seeking a declaration that she was entitled to have a pilgrimage to Sabarimala Temple during the Mandala Pooja/Makaravilakku season of 1199 ME(2023-24) without insisting on upper age qualification.The writ petition was filed...