Kerala High Court
Kerala Woman Allegedly Detained By Police For Wearing Black Attire To Nava Kerala Yatra Moves High Court
A plea has been filed by a woman and her 71-year-old mother-in-law before the Kerala High Court seeking compensation from the State government for alleged illegal detention by the Police for wearing a black churidar during the Nava Kerala Yatra in Kollam district on December 18, 2023.The woman alleged that she was taken into police custody and was detained for more than 7 hours since she...
[Minor Mineral Rules] Traditional Pottery Artisans Don't Need NOC For Extracting Ordinary Clay Upto 50 Tonnes In A Year: Kerala High Court
The Kerala High Court has recently made it clear that traditional artisans doing clay and pottery works cannot be insisted upon to produce a No Objection Certificate (NOC) from the Revenue Divisional Officer (RDO) for extraction of ordinary clay up to 50 tonnes in a calendar year.On perusing Rule 106 (5) of the Kerala Minor Mineral Concession Rules 2015, Justice Murali Purushothaman observed...
Kerala High Court Grants More Time To Ex-Govt Pleader To Surrender In Sexual Assault Case
The Kerala High Court on Thursday extended the time granted to former Senior Government Pleader P.G. Manu to surrender in an alleged sexual assault case involving a female client.A single judge bench of Justice Gopinath P granted him 10 more days to surrender to the Police.Manu had resigned from his post as Senior Government Pleader following allegations of raping the woman victim who...
Essential For Muslim Father To Attend Daughter's Wedding: Kerala High Court Grants 4 Days Emergency Leave To Murder Convict
The Kerala High Court yesterday granted emergency leave to a murder convict for attending his daughter's wedding. It also stated that the parties being Muslim, it was essential for the father to attend the daughter's wedding.While granting emergency leave, Justice Bechu Kurian Thomas observed that on earlier occasions, when the petitioner's father was given emergency leave or ordinary leave,...
Person Who Did Not Affix Signature To Compromise But Subsequently Acts In Terms Of Same Is Bound By Compromise Decree: Kerala High Court
The Kerala High Court on Wednesday laid down that a person who did not sign a compromise which led to passing of a compromise decree, but subsequently acted upon the same, could not thereafter avoid the decree merely on the ground that he/she had not put his/her signature on it. "In law, nobody is allowed to approbate and reprobate. To put it differently, a person, who enjoys the benefit of...
KAAPA | Subsequent Detention Can't Exceed 6 Months If 'First Detention' Order Passed Prior To 2014 Amendment: High Court
The Kerala High Court has delivered a significant interpretation surrounding preventive detention under Section 12 of the Kerala Anti-Social Activities (Prevention) Act, 2007 and the 2014 amendment which expanded the maximum period of detention.Section 12, prior to the amendment stipulated the maximum period of detention as 6 months. With the 2014 Amendment, the 'first detention' can last...
Kerala Govt Responds To SMA Patient's Plea Against Exorbitant Prices Of Life-Saving Drug, Says Medicine Free For Children Below 8 Yrs
The Kerala High Court today appreciated the initiatives taken by the State government in supporting minor children suffering from Spinal Muscular Atrophy (SMA) by providing medicines free of cost.Justice Devan Ramachandran was hearing a plea submitted by a 24-year-old suffering from Spinal Muscular Atrophy (SMA), against the overpricing of the life-saving medicine, Risdiplam.Taking note of...
Sabarimala Crowd Management: Kerala High Court Directs Devaswom Board To Provide Drinking Water, Refreshments To Stranded Pilgrims
The Kerala High Court yesterday (January 3) directed the Travancore Devaswom Board to provide drinking water and light refreshments to pilgrims stranded in Sabarimala due to the rush amid Mandala-Makaravilakku festival season.The Division Bench comprising Justice Anil K. Narendran and Justice G. Girish also directed the Travancore Devaswom Board to deploy sufficient number of...
No Vested Right Over Application Seeking NOC Granting Lease For Mining Minerals, Must Be Considered Based On Existing Rules: Kerala High Court
The Kerala High Court stated that persons have no vested right to seek 'No Objection Certificate' (NOC) for granting of lease for mining minerals. It held that in the absence of vested rights, the application seeking NOC had to be considered based on the existing rules.In this case, the application for NOC was filed in 2019 and it was rejected after a delay of four years by relying upon...
Conviction U/S 138 NI Act Will Not Sustain If Civil Court Finds Dishonoured Cheque Not Supported By Valid Consideration: Kerala High Court
The Kerala High Court recently held that when a competent civil court finds that a dishonoured cheque, which was the subject matter for initiation of criminal proceedings under Section 138 of the Negotiable Instruments Act ('NI Act') was not supported by valid consideration, the conviction and sentence of the criminal court for the offence would not legally sustain. "The presumption...
Appellate Court May Reject, Not Dismiss An Appeal For Non-Payment Of Court Fee: Kerala High Court
The Kerala High Court has held that an appellate court may only reject and not dismiss an appeal for non-payment of court fee by the party.A single judge bench of Justice Badharudeen was dealing with a second appeal, filed as a consequence of first appellate court's order dismissing the appeal as “balance court fee not paid". The Court said,"The proper procedure to strike down an appeal due...
Plea In Kerala High Court Seeks Implementation Of Revised Health Benefits Package Under Ayushman Bharat Yojana
Kerala's Private Hospital Association has moved the High Court seeking implementation of the latest National Health Benefit Package (HBP) 2.2, which has enhanced the rates of some health packages under Central government's flagship Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY).The plea states HBP 2.2 would provide better healthcare facilities to financially backward patients...