Kerala High Court
"Historically Linked With Militant Groups": Plea In Kerala High Court Challenges Naming Of Youth Festival As 'Intifada'
A plea has been moved beofre the Kerala High CO challenging the naming of a youth festival, 'Intifada' being conducted at NSS College, Nilamel.The petitioner, a first-year student at the NSS College, Nilamel submitted that naming the youth festival 'Intifada', an Arabic word which translates to 'shake off' cannot be used as it has been “historically linked with the militant/ terror groups...
Woman Brings Life To Earth, Feeling That Girl Child Is Less Than Boy Child Must Stop: Kerala High Court Observes
The Kerala High Court today orally observed that it is horrendously immoral to demand a woman to give birth only to a boy child and not a girl child.The Court was hearing a plea moved by a woman alleging that she was handed over a note by her husband and his family on the first day of her marriage itself, containing instructions on how to conceive a male child. She seeks investigation and...
Reprieve To Journalist, Kerala HC Directs Magistrate To Consider Afresh Summoning Order Passed Without 'Applying Mind', Says It Affects Dignity
The Kerala High Court has set aside the proceedings by which a summons was issued by Judicial First Class Magistrate Court-I, Karunagapally to Manju Mythri, an award-winning journalist for allegedly posting a defamatory video on her YouTube channel. The video titled 'Kolambi' was about Amritanandamayi and the mysterious deaths occurring in her Ashram.Justice Sophy Thomas while setting aside...
[S.55 (6)(b) TP Act] When Both Buyer & Seller Not Eager To Perform Agreement, Buyer Entitled To Charge Over Property Due To Consideration Paid: Kerala HC
The Kerala High Court has recently decided a question on whether a buyer is entitled to a charged decree on the plaint schedule property under Section 55(6)(b) of the Transfer of Property Act when both the plaintiff (buyer) and defendant (seller) have failed to perform the agreement for the sale of a property after the buyer already paying advance sale consideration.Section 55 of the TP...
Non-Explanation Regarding Nonproduction Of Remaining Contraband After Drawing Sample Creates Doubt On Prosecution Case: Kerala HC
The Kerala High Court allowed an appeal challenging conviction under Section 20 of the Narcotic and Psychotropic Substances Act, (NDPS Act) for non-compliance with Section 52 of the Act, which requires police officers to certify the inventory of the seized substances by a magistrate.A single judge bench of Justice K Babu remarked that “the intention of the legislature by incorporating...
Kerala High Court Upholds Step-Father's Conviction For Rape Of Minor Daughter, Says Trial Court Ought To Have Awarded Compensation U/S 357A CrPC
The Kerala High Court has upheld the punishment imposed by the Special Court on a stepfather for brutally raping his minor daughter and later threatening and intimidating her by attempting to pour acid in her mouth.It stated that the minor girl who belonged to a socially and economically backward tribal community who was raped by her stepfather should be adequately compensated under the...
Kerala High Court Monthly Digest: February 2024 [Citations: 80-145]
Nominal Index [Citations: 2024 LiveLaw (Ker) 80 - 145]Litty Thomas v State of Kerala, 2024 LiveLaw (Ker) 80Shine Kumar v State of Kerala, 2024 LiveLaw (Ker) 81Nikson v. Samkutty, 2024 LiveLaw (Ker) 82Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department vs. National Company Law Tribunal, 2024 LiveLaw (Ker) 83Abdul Kabeer P.U v State of Kerala, 2024 LiveLaw...
Kerala High Court Upholds Conviction Of Vicar For Minor's Rape, Reduces Life Term To 20 Yrs Rigorous Imprisonment Without Remission
The Kerala High Court has upheld the conviction of a vicar for rape and sexual assault of a minor girl in his parish but has reduced the sentence imposed upon him by the Special Court from life imprisonment for the remainder of his natural life to rigorous imprisonment of twenty years without remission.“No doubt, rape is a crime which has a severe effect on women and the society...It is...
Plea In Kerala HC Challenges Amendment Mandating Examination Of Sexual Assault Survivors Only By Gynaecologists, Says They Are Overworked & Understaffed
Gynaecologists working in government hospitals across Kerala have moved the Kerala High Court challenging an amendment order passed by the government which mandates only 'gynaecologists' to be allowed to examine the survivors of sexual offences rather than any 'registered medical practitioner' as provided under Section 164A of the CrPC.A single-judge bench of Justice Devan Ramachandran will...
Hopeful & Confident Central Govt Will Amend National Cadet Corps Act To Include Third Gender: Kerala High Court
The Kerala High Court has permitted a transgender woman student to participate in the selection for enrollment to the National Cadet Corp, in the female category. Section 6 of The National Cadet Crops Act, 1948 only permits enrollment in the male and female category and does not extend to the transgender community. The Division Bench comprising Justice Amit Rawal and Justice C S Sudha stated...
'Tragedy Affects Generations': Plea In Kerala HC Opposes State's Decision To Not Treat Those Born After October 2011 As Endosulfan Victims
A plea has been filed before the Kerala High Court challenging a Government Order classifying 'exposed victims' of Endosulfan by fixing a cutoff date till October 2011. This means, those born after the cut-off date will not qualify for schemes and compensation for the benefit of Endosulfan victims.The Confederation of Endosulfan Victim's Rights Collective (CERVE) contends that Endosulfan...
Kerala High Court Admits Plea Seeking Assessment Of Damages And Compensation In Thripunithura Blast
The Kerala High Court today admitted the plea filed by victims of the explosion in Thripunithura near NSS Karayogam ground on February 02, 2024 where firecrackers and gunpowder were negligently stored in violation of statutory provisions and without following safety protocols for Puthiyakavu Bhagawathi temple festival fire display. The plea was filed seeking direction from the Court...