Kerala High Court
Kerala High Court Annual Digest 2023: Part I [Citations 1-255]
Nominal Index Citations [2023 LiveLaw (Ker) 1-255] XXXX v. Union Of India and Connected Cases 2023 LiveLaw (Ker) 1Sali M.N. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 2T. A. Abdul Sathar v. The State of Kerala and Ors. 2023 LiveLaw(Ker) 3Lt. Col. E.V. Krishnan & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 4Laila Bhagaval Singh v. State of...
[Disaster Management Act 2005] District Authority Can't Expand 'Landslide Prone Area' Definition Sans State Authority's Approval: Kerala HC
The Kerala High Court has made it clear that the District Disaster Management Authority (DDMA) cannot expand the term 'landslide prone area' without approval from the State Disaster Management Authority (SDMA). Relying upon Section 31 (2) of the Disaster Management Act, 2005, the Court held that the District Plan prepared by DDMA has to be approved by the State Authority. In this case,...
Kerala High Court Issues Directions For Ensuring Equal Opportunities For PwD Candidates In Higher Judicial Services Appointments
The Kerala High Court has made it clear that a fine balance has to be found between the requirements of administration and the imperative to provide greater opportunities to PwD Candidates. The petitioner, in this case, challenged the 2023 notification for appointment as District & Sessions Judge in Kerala State Higher Judicial Service (KSHJS) by direct recruitment from bar...
Intent Behind Organ Donation Cannot Be Doubted Merely Due To Donor's Poor Financial Background, Affects Individual Dignity: Kerala High Court
The Kerala High Court recently berated the Deputy Superintendent of Police (Dy.SP), Thrissur Rural, for refusing to issue a Letter of Altruism to a maid to enable her to donate her organ to her previous employer who is suffering from renal failure. Justice Devan Ramachandran observed that the said authority had refused to grant the Letter, on acting upon certain surmises and conjectures...
Kerala High Court Weekly Round-Up: December 18 - December 24, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 738- 759] Badha Ram v. Intelligence Officer 2023 LiveLaw (Ker) 738Ramachandran Potty & Anr. v. Travancore Devaswom Board & Ors. 2023 LiveLaw (Ker) 739XXX v. Union of India & Ors. and connected matters 2023 LiveLaw (Ker) 740X v. Union of India 2023 LiveLaw (Ker) 741Kitex Garments Private Limited Company v. Umaimath 2023 LiveLaw...
Policy Decision Should Be Left To Govt In National Security Matters: Kerala HC Dismisses Plea Challenging 'Agnipath' Scheme
The Kerala High Court on Friday dismissed a petition filed by 28 aspirants for enlistment in the Indian army challenging the Central Government's Agnipath scheme.Justice N Nagaresh dismissed the writ petition and held that the petitioners have not advanced any tangible reason warranting interference by this Court in the Agnipath Scheme.The Court observed that the method of recruitment to...
Kerala Town & Country Planning Act| High Court Stresses Adherence To District Town Planning Schemes, Master Plans For Future Development
The Kerala High Court recently upheld orders issued by the Kozhikode Municipal Corporation rejecting commercial building permits for areas earmarked as residential zones as per the Detailed Town Planning (DTP) Scheme, 1987.Justice Bechu Kurian Thomas observed that rampant constructions without heeding to zoning regulations will affect the planned development of a town. The Court stated that...
Anti-Suit Injunction Maintainable Only Against Properties Held In India, Would Not Apply To Canadian Properties: Kerala High Court
The Kerala High Court recently held that an anti-suit injunction by a wife against her husband who had instituted a suit in a Canadian court, would only be maintainable with respect to properties held in India.A Division Bench comprising Justice Amit Rawal and Justice C.S. Sudha observed:"Canadian court would not have jurisdiction with regard to the property/properties located in Kerala....
Kerala High Court Suggests 78-Year-Old To Approach DLSA For Financial Assistance Due To State's Inability To Disburse Pension Arrears
The Kerala High Court on Friday granted liberty to the 78-year-old Mariyakutty who is waging a legal battle for disbursal of five months of her widow pension arrears, to approach the District Legal Services Authority or other such authorities, in case she required any urgent financial assistance. Mariyakutty had approached the Court stating that she was a beneficiary under the Indira...
Kerala High Court Grants Liberty To Scriptwriter Alleging Plagiarism By Makers Of 'Neru' Film To Approach Civil Court
The Kerala High Court on Friday closed the plea moved by story and screenplay writer Deepu K. Unni, against the release of the Mohanlal-starrer Mollywood film, 'Neru'. Justice Devan Ramachandran today allowed the request made by the petitioner and granted him liberty to approach the competent civil court with appropriate suit or other remedy. "In the afore circumstances, the writ petition...
'India Is My Country, All Indians Are My Brothers & Sisters': Quoting National Pledge Kerala HC Says Courts Can't Insist That Surety Must Be From A Particular State
“ There is no Keralite alone or Bengali alone or Kannadiga alone or Tamilian alone. All are brothers and sisters”, observed the Kerala High Court while holding that Courts cannot insist that surety should be from a particular state. It stated that such bail conditions would be unmindful of the fact that we are all Indians.Aggrieved by the bail condition that one surety should be from...
Kerala High Court Allows Husbands Above 55 Years Of Age To Avail Assisted Reproductive Technique Services If Wives Are Below 50 Years
The Kerala High Court recently permitted husbands aged 55 or 56 years and wives aged 50 years or below to avail of Assisted Reproductive Techniques (ART) services. The Single Judge Bench of Justice Devan Ramachandran observed that Section 21(g) of the ART Act which provides that such services could be availed by women below 50 years of age, and men below 55 years of age, did not 'prima...