Kerala High Court
[LARR Act, 2013] Kerala High Court Declines To Condone Delay In Filing Appeal After Expiry Of Maximum Period Of 120 Days
The Kerala High Court has stated that the maximum time period for filing an appeal against an award as per Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (LARR Act) is 120 days.The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen while declining to condone the delay in filing...
Sexual Awareness Now Part Of School Curriculum: Kerala Govt Informs High Court
Textbooks for grade 7 now contain sexual awareness programme targeted at informing students, the Kerala government has informed the High Court. Its counsel handed over a copy of Part I of the textbook for STD VII which is about to be rolled out for the coming academic year in the schools following the Kerala syllabus for its curriculum, incorporating sexual awareness programme. Counsel for...
[PC Act] Mere Negligence In Giving Legal Advice Sans Moral Delinquency Not Professional Misconduct: Kerala High Court Reiterates
The Kerala High Court has reiterated that mere negligence unaccompanied by moral delinquency on the part of a legal practitioner during the profession would not amount to professional misconduct warranting conviction. It cited Supreme Court's decision in P.D. Khandekar v. Bar Council of Maharashtra (1984) where it was held that there is a difference between giving of improper legal advice...
Kerala High Court Weekly Round-Up: February 19 - February 25, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 120-134]Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board 2024 LiveLaw (Ker) 120K C Ramachandran v State of Kerala & Connected Matters 2024 LiveLaw (Ker) 121 Lini v State of Kerala 2024 LiveLaw (Ker) 122 Arifa PK v. State of Kerala 2024 LiveLaw (Ker) 123 Kuttiyali v State of Kerala & Connected Matters 2024 LiveLaw (Ker)...
Kerala HC Allows Use Of Elephants Only To Push Chariots For Negotiating Curves During Temple Festival, Issues Directions To Ensure No Cruelty
The Kerala High Court has permitted three temples to use elephants to push chariots only for negotiating curves, if required, for temple festivals since it was a centuries-old tradition, subject to compliance with all safeguards and directions by the Court.The temple committee members approached the High Court seeking permission to deploy services of elephants/tuskers for pushing the chariots...
[Tortious Liability Of State] Kerala HC Upholds Compensation To Man Injured In Blast Outside Jail, Emphasises Constitutional Duty Of Care, Foreseeability & Neighbourship
The Kerala High Court had upheld the decree of compensation granted to a man who got injured in an explosive attack before the Sub Jail. It observed that the State has a reasonable duty to take necessary precautions when notorious criminals involved in gang rivalry are brought into or taken out of jail.The State had preferred an appeal against the decree of the Trial Court granting five...
Infringes Constitutional Rights Of Tribal People: Kerala HC Quashes GO Allotting Agricultural Land To Encroaching Church 'In Public Interest'
The Kerala High Court has stated that encroachers of government land are not entitled to any equity and there is no public interest to assign a property when there is an admitted encroachment. It stated that even if the encroachment was decades back, the state should work to repossess the land unless there is any legal impediment to it.The petitioners are social workers from the landless...
Misusing Civil Rights Provisions Dilutes Purpose: Kerala HC Declines Relief For Claim That Denial To Enter Office Without Appointment Was 'Untouchability'
The Kerala High Court recently rejected a plea under the Protection of Civil Rights Act, stating that unless the obstruction or annoyance was committed by the accused while the petitioner was exercising any right that accrues to him because of the abolition of untouchability, section 7(1)(b) of the Act would not be attracted.“A mere obstruction or annoyance to a person cannot give rise to...
TP Chandrasekharan Case | Sanction U/S 197 CrPC Not Required For Court To Take Action Against Public Servant For Perjury: Kerala High Court
The Kerala High Court has held that prosecution for perjury can be maintained against a public servant without obtaining prior sanction under Section 197 CrPC, adding that as offences enumerated under Section 195 CrPC are intricately connected with the administration of justice, it is imperative that they be determined by the courts itself.Section 197 CrPC bars prosecution of public servants...
'Killing & Culling Wild Animals Not A Panacea': Kerala HC Suggests State To Formulate Policy To Deal With Growing Human-Animal Conflict
The Kerala High Court recently emphasized the need for the Government to formulate a policy to manage human-animal conflict and noted the increasing rate of incidents to point out that a comprehensive policy was required to address the conflict between humans and animals.“Killing and culling of wild animals, which trespass into human habitat, as the sole method of defence can never be...
Sabarimala : Kerala High Court To Pronounce Judgment On Plea Challenging Appointment Of Only Malayala Brahmins As Melshantis On Feb 27
The Kerala High Court will pronounce the judgment on the batch of petitions challenging the Travancore Dewaswom Board notification inviting applications only from Malayala Bhramins for appointment as Melshanthi(chief priest) of Sabarimala-Malikappuram temples on (Tuesday) February 27, 2024, at 4.15 PM. The Division Bench comprising Justice Anil K Narendran and Justice P. G. Ajithkumar...
PC-PNDT Act: Kerala Woman Moves High Court Against Husband, In-Laws Who Allegedly Gave Her Instructions On How To Conceive 'Good Boy Child'
A woman has approached the Kerala High Court seeking directions to the Director of Pre-Natal Diagnostic Division and Additional Director (Family Welfare) to conduct an investigation and take appropriate action against her husband, father-in-law and mother-in-law for allegedly giving her instructions on how to conceive a male child.The woman alleged that she was handed over a note by her...