Modern Legal System Doesn't Allow Claiming Damages For Adultery, Rejects Notion Of 'Owning' Spouse's Loyalty: Kerala High Court

The Kerala High Court while reversing a decision of the Family Court granting compensation to the husband for his wife's alleged adulterous behaviour observed that India like many other jurisdictions does not recognize adultery as a ground for claiming damages. The Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha observed that Indian law does not recognize marriage as...

'Men Also Have Right & Dignity': Kerala HC Grants Pre-Arrest Bail To Actor Balachandra Menon In Sexual Assault Case Filed With 17 Yrs Delay

The Kerala High Court today granted anticipatory bail to Malayalam actor Balachandra Menon in a sexual assault case filed against him with 17 years delay, after publication of the Justice Hema Committee Report.The single bench of Justice P V Kunhikrishnan while granting the relief observed that men also have the right to dignity, not just women. While dictating the order in open Court, the...

Kerala High Court Upholds Conviction Of Riyas Aboobakkar For Propagating ISIS Ideologies, Awards 8-Yr Rigorous Imprisonment

The Kerala High Court has upheld the conviction imposed upon Riyas Aboobakkar by the Special Court constituted under the NIA Act. His conviction under Sections 38 (offence relating to membership of a terrorist organisation) and 39 ( offence relating to support given to a terrorist organisation) of the UAPA, read with Section 120B of the IPC was upheld by the High Court.The Division Bench...

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court

The Kerala High Court has observed that for the Rent Control Court to assess the genuineness of the claim of permanent tenancy or denial of title, the pleading must be clear, specific, unequivocal and explicit.“The Pleading regarding the denial of title or the claim for permanent tenancy must be clear, specific, and unequivocal, without which the Rent Control Court cannot assess whether...

"Devotees Visit Temple To See God": Kerala High Court Tells Travancore Devaswom Board In Plea Challenging Flex Banner On Temple Premises

The Kerala High Court in Tuesday's (December 10) hearing orally observed that devotees go to the temple to see the face of God and not the face of Ministers.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. was considering a complaint regarding a flex board congratulating Travancore Devaswom Board and LDF Government for granting permission to conduct annadanam...

Munambam Waqf Dispute: "Will Temporarily Protect Land Owners From Dispossession": Kerala HC Says In Plea Challenging Provisions Of Waqf Act

The Kerala High Court on Tuesday (10th December) orally remarked that it could give interim protection from dispossession to the residents of disputed Waqf land at Kochi's Munambam. The development comes in a petition filed by persons claiming that their predecessors had bought the disputed land in Munambam from Farook College. The property was enlisted in the Waqf registry in 2019, saying...

CPI(M) Area Conference: Kerala HC Seeks Personal Appearance Of Circle Inspector Over Violation Of Judgment Prohibiting Public Meet On Roads

The Kerala High Court has sought personal appearance of concerned Circle Inspector of Police on Thursday (12 December), to explain the facts and circumstances in the contempt petition against CPI(M) State Secretary M V Govindan for allegedly blocking public roads for holding Palayam area conference.The party conference was held on December 05, which allegedly blocked the road in front of...

Oral Complaint Can't Substitute Requirement Of Written Compliant For Conducting Inquiry Under POSH Act: Kerala High Court

The Kerala High Court has held that oral complaints given by an employee alleging sexual harassment to various authorities cannot be a substitute for a written complaint for carrying an inquiry under Section 11 of the Prevention of Sexual Harassment at Workplace Act.In the facts of the case, the local level committee constituted under Section 6 of the Act initiated the inquiry based on...

Kerala High Court Extends Waqf Board's Term Until Election Process Initiated By State Concludes

The Kerala High Court recently extended the term of the state Wakf Board–whose term was set to expire on December 14–until the election initiated by the state government for the constitution of the board is concluded.The Division Bench of Justice Amit Rawal and Justice Easwaran S ordered thus: “we further issue a direction that the term of the elected body of the Board which is going...

Borrowers Breaching Terms & Conditions Of OTS Scheme Cannot Seek Direction From Court To Compel Bank To Honour Obligations: Kerala High Court

The Kerala High Court has held that borrowers who breach the terms and conditions of the One Time Settlement (OTS) Scheme, cannot be permitted to seek directions from the Court to compel the bank to honour its obligations under the OTS Scheme.The present appeals were filed by the State Bank of India, aggrieved by the orders in the writ petitions where benefits under the OTS Schemes were given...

'Zero FIR' Has Been Introduced U/S 173 BNSS To Ensure Victims Can File Complaints Regardless Of Jurisdiction: Kerala HC

Elaborating on Zero FIR, the Kerala High Court said that the provision has been introduced in the BNSS to primarily ensure that victims can file complaints regardless of jurisdiction.The court also said that under Section 173 BNSS police cannot refuse to register an FIR merely because a part of the offence has happened outside the limit of the local jurisdictional police station. Justice...

"No Woman Would Commit Suicide In Nudity, Clear Case Of Homicide": Kerala High Court Upholds Husband's Conviction For Wife's Murder

The Kerala High Court has upheld the life sentence given to the husband under Section 302 of the IPC for the murder of his wife by hanging. The Court upheld the conviction by ruling out the possibility of suicide since the body of the deceased was found hanging in a nude state in a lodge room which was locked from the outside.The Division Bench of Justice P.B. Suresh Kumar and Justice...