Kerala High Court
Kerala High Court Allows Family To Continue Conventional Practise Of Offering Cooked Meat To Goddess In Private Family Temple
The Kerala High Court today allowed a plea moved by the eldest member of a family seeking permission to offer a cooked rooster to their goddess inside the family's private temple within the premises of their ancestral house.Justice Devan Ramachandran observed that “Until which time, though this Court is not interdicting Ext.P5, conventional offering of cooked meat will not stand restricted”....
[K-FON Project] Kerala High Court Grants Time For State Govt To File Counter In Plea By Oppn MLA VD Satheeshan Seeking CBI Probe
The Kerala High Court today granted time for the state to file counter in the plea filed by Leader of the Opposition of the Kerala Legislative Assembly and MLA V D Satheeshan seeking a probe by the Central Investigating Agency (CBI) into the conception and execution of the Kerala Fibre Optic Network Project Ltd. (K-FON).K-FON Project was the infrastructural project of the state government...
[Indian Succession Act] Can Courts Grant/Revoke Probates Or Letters Of Administration Without Govt Notificiation? Kerala HC Refers To Division Bench
The Kerala High Court has referred the decision of a single judge in Natarajan T.K. v. T.K.Raman Achari (2023) for the consideration of a Division Bench in which it was held that Courts in Kerala have no jurisdiction for granting and revoking probates or letters of administration unless there is a notification issued by the State Government.Justice Sathish Ninan by relying upon Sections 57...
Kerala High Court Directs IG (Registrations) To Consider Validity Of NGO's Registration For Making Derogatory Remarks Against Transgender Community
In a recent matter, the Kerala High Court directed the Inspector General of Registration, to consider the validity of the registration of an NGO 'Youth Enrichment Society' accused of making remarks with the intent to cause harm against the transgender communityThe plea was before a bench of Justice Devan Ramachandran.The petitioners had filed the writ petition seeking cancellation of...
Variations In Evidence Due To Normal Errors Of Observation Or Memory Are Not Material Discrepancies Touching Core Of Case: Kerala High Court
In a recent judgment regarding adducing evidence, the Kerala High Court held that variations in the evidence only due to normal errors of observation and memory due to the lapse of time will always be there and the same cannot be accepted as material discrepancies touching the core of the case.A division bench of Justice P B Suresh Kumar and Justice Johnson John was hearing the case.The...
Kerala High Court Weekly Round-Up: December 8- December 14, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 21-40]Angels Nair v Union of India, 2024 LiveLaw (Ker) 21Suresh Gopi V State Of Kerala, 2024 LiveLaw (Ker) 22Premakumari R. v. O.K. Sivasankara Pillai & Ors. 2024 LiveLaw (Ker) 23 Sabu George & Ors. v. James George & Ors. 2024 LiveLaw (Ker) 25 Jins Francis V State Of Kerala 2024 LiveLaw (Ker) 26 Rohith Giri v State of Kerala 2024...
Transfer Of Working Women Should Be Considered Sympathetically, They Play Major Role In Taking Care Of Children, Aged Parents: Kerala HC
The Kerala High Court has asked employers to exhibit open-mindedness and empathy when issuing transfer orders to 'working women'.A Division Bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen observed that working women play major roles in taking care of their children and aged parents and thus, they may find it difficult to maintain a work-life balance in an...
Absence After Expiry Of Authorised Leave Is 'Non-Duty' For All Purposes Other Than Pension: Kerala HC Upholds Order Setting Aside Promotion
The Kerala High Court recently upheld a Single Bench order that set aside the promotion of an employee due to a break in his service, after the expiry of his authorized leave, which was treated as unauthorized and non-duty for all purposes other than pension.Perusing Fundamental Rule 17A and Central Civil Services (Pension) Rule 27, the Division Bench comprising Justice Amit Rawal and...
Kerala High Court Quashes False Sexual Assault & Rape Case Filed By Minor Girl Against Father For Objecting To Her Relationship
The Kerala High Court recently quashed a sexual assault and rape complaint filed by a minor daughter under various provisions of the IPC & POCSO Act against her father on finding that it was a false complaint. The Court found that the daughter had raised false allegations against her father since he objected to her relationship with a boy.Justice Gopinath P quashed the criminal...
Unilateral Affirmation By One Party, Without Being Specifically Accepted By Other Party Doesn't Confer Exclusive Jurisdiction: Kerala High Court
In a significant judgment, the Kerala High Court held that a unilateral affirmation by a party to a contract, without being specifically accepted by the other party, doesn't confer exclusive jurisdiction, since the ouster of jurisdiction of courts cannot be lightly assumed or presumed.The Single Judge Bench of Justice V.G. Arun found that a unilateral affirmation by one of the parties to...
S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court
In a recent decision by the Kerala High Court, a single judge bench of Justice Gopinath clarified that “evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the court grants exemption from personal appearance to the accused even of a day”.The petitioner was charged with offenses under Sections 354(A)(1)(i), 354(D)(1)(i), 511 read...
'Residential Area' Designated As Per Local Law Cannot Be Interpreted To Mean 'Residential House': Kerala High Court
In a recent decision by the Kerala High Court, a single judge bench of Justice Bechu Kurian Thomas noted that “the term 'residential area designated as per local laws' cannot be interpreted to mean a 'residential house'. The Court was seized of pleas challenging the permission granted for establishing a Bharat Petroleum Corporation Ltd. petroleum retail outlet, which were dismissed for...