Kerala High Court
Kerala High Court Weekly Round-Up: January 15 – January 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 49-58]Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw (Ker) 42Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw (Ker) 43XXX & Ors. v. State of Kerala & Connected case, 2024 LiveLaw (Ker) 44Lekshmi M V Sudhamony Amma, 2024 LiveLaw (Ker) 45Anwer Hussain T v. Union Territory of Lakshadweep, 2024 LiveLaw...
Action Merely Contrary To Departmental Norms Not 'Criminal Misconduct' Under PC Act, 'Dishonest Intention' Must: Kerala High Court
The Kerala High Court has held that 'dishonest intention' is the crux for constituting an offence under Section 13 (1)(d) of the Prevention of Corruption Act for proving criminal misconduct by public servants.“Dishonest intention is sine qua non to attract the offence punishable under Section 13(1)(d) of the Act. Mere conduct and action of the accused contrary to rules and departmental...
'Stigmatic': Plea In Kerala High Court Seeks Removal Of "Fictitious" Rape Scenes From Dileep Starrer Inspired By 'Thankamani' Incident
A resident of the Thankamani village in Idukki district has moved the Kerala High Court seeking removal of alleged fictitious scenes from upcoming Malayalam film 'Thankamani'.The Dileep-starrer is based on a real-life incident that occurred in Thankamany in October 1986.The plea challenges "incorrect and derogatory portrayal" of the incident, stating that the teaser hints at incidents of men...
Kerala High Court Permits Murder Convict To Join LLB Course Despite Objection By College
The Kerala High Court has permitted a murder convict to pursue a three-year LLB Course in online mode, despite objections from the college where he has secured a seat. It stated that education would enable the convict to reform and rehabilitate back into society.Justice Bechu Kurian Thomas observed that the stance taken by the college in opposing the admission of a convict to pursue his...
Kerala High Court Seeks Clarification Over Disparity In Calculation Of Income Of Govt & Pvt Employees For Issuing Non-Creamy Layer Certificates
The Kerala High Court has sought clarification from the State regarding the exclusion of the salary of government employees while calculating income for the issuance of 'Non-Creamy Layer Certificates' to obtain an OBC reservation for students belonging to the Socially and Economically Backward Classes (SEBC).The Court sought such clarification upon noting that the salary of private employees...
Prolonged Cohabitation Will Not Acquire Character Of Valid Marriage During Subsistence Of Another Marriage By Either Party: Kerala High Court
In a recent decision, the Kerala High Court observed that while it is well settled that continuous cohabitation for several years may raise the presumption of marriage, it will not acquire the character of a valid marriage, if it is during the subsistence of another marriage by either party.The matter came up before the division bench comprising Justice Anu Sivaraman and Justice C Pratheep...
Special Marriage Act | Even Parties To A Void Marriage Can Approach Family Court For Redressal Of Grievances: Kerala High Court
The Kerala High Court on interpreting the provisions of the Family Courts Act, 1984 and Special Marriage Act, 1954 observed that a dispute between parties to a void marriage could be determined by a Family Court.The Division Bench comprising Justice Anu Sivaraman and Justice C.Pratheep Kumar observed that even parties to a void marriage can approach the Family Court for the redressal of...
Supreme Court Collegium Recommends To Make Justice Shoba Annamma Eapen As Permanent Judge Of Kerala High Court
The Supreme Court Collegium has recommended the appointment of Justice Shoba Annamma Eapen as a Permanent Judge of the Kerala High Court.Justice Shoba Annamma Eapen was sworn in as the Additional Judge of the Kerala High Court on May 18, 2022. On 27 September 2023, the Collegium of the Kerala High Court unanimously recommended the appointment of Justice Shoba Annamma Eapen as a Permanent Judge...
'No Citizen In This Nation Is Lesser Than The Other': Kerala High Court To Police Officers In Matter Involving Use Of Abusive Vocatives By Cop
Police officers are public servants and inevitably they have to deal with their “masters” with the respect that the constitution stipulates.”, the Court stated.
Kerala High Court Seeks Affidavit Raising Specific Grievances In 'Thee Chamundi Theyyam' Matter Involving Alleged Endangerment Of Children
In the theyyam matter before the Kerala High Court, a division bench comprising of Chief Justice A J Desai and Justice VG Arun directed the petitioner to file an additional affidavit cogently and precisely raising the specific grievances in the matter.In the plea filed by the NGO Dhisha, it had been alleged that the ritualistic dance performance, also known as 'Ottakolam Theyyam', which is...
Kerala High Court Grants Interim Relief To Bharatiya Vidya Bhavan Thrissur, Asks State Electricity Board To Not Disconnect Electricity Connection
The Kerala High Court has directed the State Electricity Board not to disconnect the electricity connection to the petitioner-school Bharatiya Vidya Bhavan Thrissur Kendra, on the condition that the petitioners pay the amount claimed by the respondent Board, barring interest.A single-judge bench of Justice N Nagaresh was hearing the plea.These observations came in a plea by Bharatiya...