Kerala High Court
Kerala High Court Permits Termination Of 27 Weeks Pregnancy Citing Foetal Abnormalities But Says Parents Will Be Responsible If Child Born Alive
The Kerala High Court has permitted a married couple to undergo medical termination of pregnancy that reached 27 weeks of gestation due to substantial abnormalities of the foetus.Justice Kauser Edappagath relying upon the report of the Medical Board observed that even though the foetus does not have a life-threatening condition, it has multiple major congenital abnormalities to the brain...
[Manjummel Boys] Kerala HC Directs Police Not To Arrest Actor-Producer Soubin Shahir & Producer Shawn Antony In Alleged Cheating Case
The Kerala High Court passed an interim order directing the police not to arrest actor cum producer partner Soubin Shahir and producer Shawn Antony in an allegation of cheating, forgery and criminal breach of trust regarding the production of the Malayalam film Manjummel Boys.Manjummel Boys, a 2024 Malayalam survival thriller film garnered high praise for its portrayal of a true event...
Kerala High Court Weekly Round-Up: April 29- May 05, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 272-281] Kallodi St. George Forane Church V K Mohandas, 2024 LiveLaw Ker 272M/s Punarnava Ayurveda Hospital Pvt Ltd v. The Arbitrator for NH-66, WP(C) No. 6947 of 2024, 2024 LiveLaw Ker 273Ajay Peter v Kerala Coastal Zone Management Authority & Connected Cases, 2024 LiveLaw Ker 274BS Jayakumar v. State of Kerala, Mansoor J v. State of Kerala,...
Forcing Rape Victim To Give Birth To Child Of Man Who Assaulted Her Violates Right To Dignity Under Article 21: Kerala High Court
The Kerala High Court has held that a rape victim cannot be forced to give birth to a child of a man who sexually assaulted her. The Court thus permitted a sixteen-year-old rape victim, studying in standard 11th to medically terminate the pregnancy which reached 28 weeks of gestation.Justice Kauser Edappagath held that denying permission to terminate an unwanted pregnancy would equate to...
Employer who got Sufficient Opportunity To Defend Claim Before Assistant Labour Officer Cannot Approach High Court Claiming Prejudice: Kerala High Court
The Kerala High Court single bench of Justice Murali Purushothaman held that the employer was provided sufficient opportunity to defend the claim before the authority cannot approach the High Court alleging that she was not given sufficient opportunity to defend the claim. Brief Facts: The Inspector initiated Minimum Wages proceedings against the Petitioner, alleging that...
Provision For Refund U/S 6 Of Kerala Motor Vehicles Act Only Applicable If Tax Paid In Advance, Vehicle Not Used: High Court
The Kerala High Court has clarified that the provision for refund under Section 6 of the Kerala Motor Vehicle Taxation Act, 1976 will only apply if the motor vehicle tax has been paid in advance for a vehicle. “A reading of Section 6 of the 1976 Act indicates beyond doubt that the provision for refund will apply only when the motor vehicle tax has been paid in advance for the period...
Investigating Officer Not Obliged To Exclusively Act On Expert's Opinion While Investigating Medical Negligence Cases: Kerala High Court
The Kerala High Court held that the investigating officer is not obliged to act exclusively based on the opinion of the 'District Level Expert Panel' and 'State Level Apex Body' for criminal investigation.Justice Devan Ramachandran observed that the investigating office could take additional expert opinion from any other source if he wishes to do so to complete the investigation. “ The...
Prima Facie For Public Safety: Kerala High Court Declines To Stay Circular By Motor Vehicles Dept Imposing Stricter Conditions For Driving Tests
The Kerala High Court today declined to pass an interim order staying the implementation of the circular dated February 25, 2024 issued by the Transport Commissioner. The circular was issued by the Motor Vehicles Department prescribing additional conditions regarding the usage of vehicles for driving tests.Justice Kauser Edappagath declined to grant an interim order staying the implementation...
Prisoner Exempted From Appearing At Registration Office, Registrar Bound To Examine Him By Visiting Jail Or Issuing Commission: Kerala HC
The Kerala High Court held that a person in jail is exempted from appearing in person at the registration office for registration of any document as per Section 38 of the Registration Act, 1908.Justice Viju Abraham observed that the District Registrar is duty-bound to visit the jail where the convict is confined and examine him or issue a commission for his examination to complete...
Extending Benefits Of Better Terms Of Gratuity To Be Decided By Employer, Employee Cannot Claim It As Right: Kerala High Court
The Kerala High Court has held that extending benefits of better terms of gratuity has to be decided by the employer based on various factors and the employees cannot claim better terms of gratuity as a matter of right.The Court was considering whether retired employees of Kerala Minerals and Metals Ltd were entitled to get the benefit of the amendment dated 24.5.2010 to Section 4(3) of...
[Arbitration Act] Executing Court Cannot Review Or Add Payment Of Interest While Enforcing Foreign Award: Kerala High Court
The Kerala High Court was considering whether an executing court while enforcing an International arbitral award could direct payment of interest on the amount awarded from the date of the award till the date of payment, even when the award itself does not contemplate payment of any interest.Justice T R Ravi held that the executing court cannot add or review the foreign award for...
Kerala High Court Monthly Digest: April 2024 [Citations: 211-275]
Nominal Index [Citations: 2024 LiveLaw (Ker) 211 - 275]Anoop v. State of Kerala, 2024 LiveLaw (Ker) 211K M Habeeb Muhammed v The Managing Director, 2024 LiveLaw (Ker) 212Sister Annamma Mathai v State of Kerala, 2024 LiveLaw (Ker) 213Aynikkal Plantations Pvt. Ltd v State of Kerala, 2024 LiveLaw (Ker) 214Sheela v. Abdul Gafoor, 2024 LiveLaw (Ker) 215Anil Kumar and ors. v. State of Kerala,...