Kerala High Court
Vandiperiyar Rape-Murder: Minor's Mother Moves Kerala High Court Seeking Reinvestigation By A Special Investigation Team
A plea has been moved before the Kerala High Court by the mother of five and a half-year-old minor girl who was raped and murdered in Vandiperiyar, Idukki seeking reinvestigation by constituting a special investigating team.A local Court had acquitted the sole accused Arjun citing improper investigation and lack of evidence. The plea moved by the mother stated that the police had conducted...
Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case
The Kerala High Court has granted bail to the relative of Arjun, who was acquitted in the rape and murder of a five-and-a-half-year-old minor girl at Vandiperiyar town in the Idukki district in 2021, accused of attacking the victim's family.The petitioner in this case was accused of crimes registered under Sections 307 (attempt to murder) , 324 (voluntarily causing hurt by dangerous means...
Kerala High Court Permits Queer Man To Attend Deceased Live-In Partner's Last Rites If His Family Doesn't Object
The Kerala High Court today permitted a queer man to attend his deceased live-in partner's last rites, given that the said partner's bereaved family does not object to it.Justice Devan Ramachandran however refused to hand over the mortal remains of the deceased to his alleged partner, particularly in absence of any evidence placed on record in support of the factum of their...
Offence Bailable: Kerala High Closes Anticipatory Bail Plea Moved By Advocate BA Aloor In Sexual Harassment Case
The Kerala High Court today closed the anticipatory bail application filed by Advocate B A Aloor stating the same is not maintainable as the offence alleged in the FIR is bailable.The allegation against Advocate Aloor was that he sexually harassed a female client and an offence under Section 354A of IPC was registered against him at the Ernakulam Central Police Station. While closing...
Students Can't Decide Manner Of Curriculum Or Time Frame To Cover Syllabus: Kerala HC Declines Student's Plea Seeking 5-Working Days A Week, Weekends Off
The Kerala High Court has declined a plea moved by a student of the Government Industrial Training Institute (ITI) who had approached the Court seeking to redesign the curriculum of his course in such a way that only five days a week would be working, with Saturdays and Sundays being holidays.Justice Devan Ramachandran noted that the students could not dictate the manner in which the...
Akshaya Centres Not Meant To Create Unauthorized Wealth, Authorities Should Take Action To Prevent Proscribed Financial Transactions: Kerala HC
The Kerala High Court has stated that authorities should step in and take action if any person uses Akshaya Centres to enter into illicit financial transactions and create unauthorized wealth and illegal gains, contrary to public interest.The petitioners had approached the Court challenging the orders issued by the District Collector and the Director of the Akshaya Project for the cancellation...
Right To Fair Trial Of Accused Affected If Plea Of Guilt Remains After Alteration Of Charges: Kerala High Court
The Kerala High Court has made it clear that if an accused pleads guilty to a particular offence, the plea of guilt cannot extend to new offences invoked upon alteration of charge.A single judge bench of Justice Bechu Kurian Thomas observed that in this case the Petitioner, involved in a motor accident, had pleaded guilty to the offences under sections 279 and 338 IPC and not under section...
Kerala HC Denies Bail To Man Accused Of Stabbing Partner To Death, Says Bail Can't Be Granted When Alleged Offence 'Shakes Public Confidence'
The Kerala High Court has stated that bail should not be granted when an alleged offence has shaken the confidence of the public. The Court was dealing with a case where a man had stabbed his partner to death due to a misunderstanding. It said: Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and...
Deceased Person Has Equal Right Over His Mortal Remains As A Living Being: Kerala High Court Observes Orally
While hearing a live-in partner's plea for release of his deceased partner's body from the hospital, the Kerala High Court today orally remarked that even a deceased person has right over his body and thus, the mortal remains have to be dealt with quickly.Deceased person has equal right over his mortal remains as a living being. Article 21 will continue, Justice Devan Ramachandran...
SEC Can't Rely On Uncontroverted Statement Of One Party: Kerala HC Allows Cross-Examination Of Gram Panchayat Secy By Candidate Who Was Forced To Resign
The Kerala High Court while allowing a plea under the Panchayati Raj Act, enumerated the need for adherence to principles of natural justice in the examination of witnesses in cases of Election matters.These observations came in a plea by the petitioner, who was allegedly forced to resign from a Gram Panchayat seat reserved for scheduled caste candidates, in a deceitful manner, and not allowed...
Can't Deny Employment Merely Citing Diabetes Unless It Is Found That Such Condition Would Impact Capacity To Perform Duties: Kerala High Court
The Kerala High Court has made it clear that a candidate cannot be denied employment merely by stating that he has a disease without finding that it would impact his capacity to perform functional duties or responsibilities.The applicant, an ex-serviceman was denied employment to the post of Ticket Examiner in the Indian Railway since he was unfit by the medical board due to diabetes....
PC Act | Mere Violation Of Appointment Procedure Doesn't Always Imply 'Dishonest Intention' On Part Of Appointee/ Appointing Authority: Kerala HC
The Kerala High Court has laid down that mere procedural violations in appointment of a person to a post cannot always lead to the inference that the appointee and the appointing authority had a dishonest intention in making such appointment.The Single Judge Bench of Justice K. Babu made the observation while dismissing the plea challenging the Special Court's dismissal of the complaint...