Kerala High Court
Primary Duty Of Municipality To Deal With Municipal Waste Even If It Was Dumped Illegally In Private Property: Kerala High Court
The Kerala High Court has held that the municipality has the primary responsibility to deal with the municipal waste even if it was illegally dumped on private property.“It is the primary duty of the Municipality to deal with municipal waste. The fact that such municipal waste has been illegally dumped in private property (here the property of the Kochi Metro) cannot absolve the...
If Land Acquired For Public Purpose By Paying Compensation, Delay In Utilisation Doesn't Entitle Owner To Seek Re-Conveyance: Kerala High Court
The Kerala High Court has made it clear that once a land is acquired by the State under the Land Acquisition Act for public purpose and compensation is paid, the landowner has no right to seek re-conveyance of the property citing delay in utilisation of such land.Justice P V Kunhikrishnan observed, “Admittedly, the land is going to be used for the purpose for which it is acquired....
[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act ("Act") would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time.The petitioner who had been accused under Section 20(b)(ii)(c) of the...
Death By Negligence | Trial Court Must Apply Mind To Determine Whether Charges U/S 304A IPC Can Be Added In Cases Of Motor Vehicle Accidents
The Kerala High Court has held that when trial courts frame charges in deaths involving motor vehicle accidents, they should decide whether an alternative charge for an offence under Section 304A IPC is also to be added in addition to the charge under Section 304 IPC.It was also held that a conviction under section 304 A IPC would not be rendered unsustainable or illegal on an omission to...
Shawarma Death Case: Kerala High Court Says 'Best Before' Date Vital To Prevent Mishaps, Inspections Necessary To Keep Manufacturers In Check
The Kerala High Court today observed that regular inspections of eateries and food manufacturers is necessary to prevent any untoward incident from consumption of outside food articles.Justice Devan Ramachandran was hearing the plea filed by the mother of a 16-year-old who lost her life in 2022 after consuming 'Shawarma'. Pursuant to Court's previous direction, Food Safety Commissioner...
Kerala High Court Suo Moto Impleads Union Govt On Transgender Person's Plea For Reservation In Education & Public Employment
The Kerala High Court today suo moto impleaded the Union Government in a plea moved by a transgender person seeking reservation for the community in education and public employment. “We can give reservation for caste, creed, community, colour, education, language, but you can't give reservation to an individual just because he or she is not perceived to be the in the mainstream,”...
Quarrying Can't Take Place On Land Assigned Under Kerala Land Assignment Act: HC Orders Interim Stay On Quarrying Near Neyyar Wildlife Sanctuary
The Kerala High Court has clarified that no quarrying activities can be done on lands assigned under the Kerala Land Assignment Act.A single bench of Justice Viju Abraham made these observations in a plea challenging quarrying activities near Neyyar Wildlife Sanctuary undertaken by the respondent.The petitioner submitted that they were residing 50 metres from the quarry, and argued that...
Muslim Woman Need Not Move Court To Record 'Talaq', Marriage Registration Officer Can Record It : Kerala High Court
The Kerala High Court has observed that there is a lacuna in the Kerala Registration of Marriages (Common) Rules, 2008 since it does not provide a provision to register divorce when divorce was obtained under personal law.A divorced Muslim woman had approached the Court seeking to 'record the fact of divorce' in the Marriage Register after her marriage was dissolved on pronouncing Talaq....
Should We Be So Intolerant? Kerala High Court On Plea Against 'Antony' Movie For Depicting Gun Hidden In Bible
The Kerala High Court today agreed to view an allegedly objectionable part from the Malayalam Movie 'Antony'. The plea was moved since a scene in the movie depicts a gun hidden inside a Bible, which allegedly hurt religious sentiments of the Christian community.“if you want you can produce the video, I will see…the petitioner seeks additional time to produce additional evidence”,...
[S. 138 NI Act] Trial Court's Reasonably Formed Opinion Regarding Insufficient Funds Cannot Be Interdicted By Appellate Court: Kerala HC
The Kerala High Court has upheld the acquittal order issued by the Trial Court under Section 138 of the Negotiable Instruments Act on finding that there was no evidence to prove that the cheque was dishonoured for want of sufficient funds.Justice P.G. Ajithkumar observed that the Appellate Court will not interfere with the order of the Trial Court if it has been reasonably formed. Relying...
Supposed To Guard Nation & Protect Integrity Of Its Citizens: Kerala High Court Denies Bail To Soldier Accused In POCSO Case
In a recent matter regarding POCSO allegations against a soldier under Sections 12, 11(iv), 18, 6 and 5b(iv) of the Protection of Children from Sexual Offences Act, 2012, the Kerala High Court has observed that “allegations [against a soldier] has to be viewed more seriously. He is supposed to guard the nation, and the dignity and integrity of its citizens.”A single bench of Justice...
Kerala High Court Family Law Digest 2023
[Joint Will] Property Of Only Deceased Testator Bound By Disposition; Does Not Operate Against Property Of Surviving Testator Till Death: Kerala HCCase Title: Jayadevi v. Narayana Pilla & Ors.Citation: 2023 LiveLaw (Ker) 6The Kerala High Court laid down that on the death of one among the testators, either in the case of joint Will or a mutual Will, the property left out by the...