Kerala High Court
Law Doesn't Require Husband's Consent: Kerala High Court Permits Woman To Terminate Pregnancy During Pending Divorce Proceedings
The Kerala High Court has held that a woman can claim a 'change of circumstances' for seeking medical termination of pregnancy during pending divorce proceedings. The bench of Justice Devan Ramachandran reasoned that 'marital status' cannot be construed as merely de jure (a legal construction) in the context of the Medical Termination of Pregnancy Act and it has to be seen de facto since...
Lesbian Couple Moves Kerala High Court Against Forced Conversion Therapy; Seeks Action Against Hospital Authorities & Formulation Of Guidelines
A lesbian couple, who were assigned female at birth have approached the Kerala High Court alleging that they were subjected to forced conversion therapy by their parents to change their sexual orientation.The second petitioner alleged that her partner, the first petitioner was subjected to forceful and illegal treatments at Manohar Hospital, Kozhikode by injecting drugs and medicines against...
Woman Free To Make Personal Choice To Terminate Pregnancy Within Statutory Limits: Kerala High Court Allows Jailed Keynan Woman's Plea
The Kerala High Court has permitted a Kenyan woman, who is jailed pending trial in Women's Jail and Correction Home at Viyyur, to undergo medical termination of pregnancy.Justice Devan Ramachandran relied upon the report submitted by a Medical Board to state that there was no difficulty in allowing medical termination of pregnancy when the pregnancy was only 14 weeks old and within the...
Plea Challenges Amendment To S.14 Of Kerala Lok Ayukta Act In High Court, Says It Empowers Executive To Nullify Judicial Order
A plea has been moved before the Kerala High Court challenging the Kerala Lok Ayukta (Amendment) Act, 2022 insofar as it amends Section 14 of the principal Act. The Amendment was passed by the Kerala Legislative Assembly and the President gave assent to it on February 09, 2024. The plea states that the newly substituted section 14 violates the doctrine of separation of powers by granting...
Judges Can't Be Vilified By Unhealthy Criticism: Kerala HC In Plea Seeking Contempt Action Against CPM's P Jayarajan Over Facebook Post
The Kerala High Court today disposed of a plea filed over allegedly "derogatory" Facebook post made by CPI(M) Leader P Jayarajan in relation to the proceedings emanating from an attack on the leader in 1999.Upset with the manner in which his case was dealt with by the single judge, Jayarajan purportedly said people should react against such "worms" in the judiciary.Petitioner N Prakash...
No Offence Of Criminal Trespass Is Attracted When Accused Enters Property Which Is In His Joint Possession: Kerala High Court
The Kerala High Court stated that a person cannot be convicted for an offence of house trespass if the 'property in question' was under his joint possession. It stated that the entry of the offender into a property which is in his joint possession cannot be termed unlawful and cannot be termed as criminal trespass.The accused was convicted and sentenced by the trial court under Sections...
Kerala High Court Dismisses Plea Challenging Amendment Mandating Gynaecologists As Sole Specialists To Conduct Medical Examination Of Sexual Assault Survivors
The Kerala High Court has dismissed the petition challenging clause 6 of the Kerala Medico-Legal Protocol for Examination of Survivors of Sexual Offences 2019 which mandates that gynaecologists be the sole specialists to conduct medical examination of survivors of sexual offence.The petitioners, in their plea, had submitted that the protocol is “illegal, improper, unsustainable and contrary...
Prima Facie Offence Not Attracted: Kerala High Court Grants Anticipatory Bail To Two Accused In Kerala University Arts Festival Bribery Scandal
The Kerala High Court recently allowed the anticipatory bail application of the two accused in the cheating scandal at the Kerala University Arts Festival, stating that prima facie the offences alleged are not attracted against them.“On an appreciation of the facts, the rival submissions made across the Bar, the materials placed on record and the findings rendered above, this Court is...
Kerala High Court Issues Standard Operating Procedure For Attending Proceedings Through Video Conferencing
The Kerala High Court issued guidelines for attending court proceedings through Video Conferencing (VC) called Standard Operating Procedure (SOP). This shall be in addition to the existing Electronic Video Linkage Rules for Courts (Kerala) 2021.General Guidelines:VC links are provided on the official website of the High Court on the page showing the Cause list after the column, 'VC Request'....
[SARFAESI Act] Kerala High Court Takes Humanitarian Approach, Defers Recovery Proceedings Against Comatose Entrepreneur In Wife's Plea
The Kerala High Court took a humanitarian approach by directing the bank officials to defer coercive proceedings against the petitioner's husband and his assets, who is now in a vegetative state.The court has also directed the Sub Divisional Magistrate/Revenue Divisional Officer to decide to grant limited guardianship under Section 14 of the Rights of Persons with Disabilities Act, 2016 to...
Kerala High Court Weekly Round-Up: March 11 - March 17, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 165 – 182]Isahack v. Mini and ors. 2024 LiveLaw (Ker) 165 Sreejith M B V State of Kerala 2024 LiveLaw (Ker) 166 Gokul Raj v State of Kerala 2024 LiveLaw (Ker) 167 Sebastian Jacob v The Transport Commissioner 2024 LiveLaw (Ker) 168 Shamnad N and ors. v. The Corporation of Thrissur Through Secretary and anr. 2024 LiveLaw (Ker) 169 Dr. M....
No Break In Service Merely Because Initial Appointment Was Made Against Leave Vacancy Followed By Appointment To Regular Vacancy: Kerala High Court
The Kerala High Court stated that there was no break in service merely because the initial appointment was made in leave vacancy followed by an appointment in regular vacancy.The dispute in the writ appeal was in connection with the appointment of a teacher (5th respondent) as headmistress in an aided school. Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed the appeal...