Elephant Fitness Certificate, 3-Days Rest, 3-Hrs Cap On Parading: Kerala HC Issues Directions To Prevent Cruelty During Temple Festivals

The Kerala High Court has remarked that Elephants in Kerala are widely used in Temples in the name of tradition and religion but, in reality, it is a "commercial exploitation" without any care or concern for their well-being.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P. thus issued certain directions for effective implementation of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 and to ensure compliance of Apex Court's decision in...

Laser Printing On Mineral Water Bottle Legible: Kerala HC Quashes Case Against Kinley Booked For Illegible Packaging Details

Quashing a case against Hindustan Coca Cola Company under the Legal Metrology (Packaged Commodities) Rules concerning alleged illegible declaration about the packaging details of mineral water sold at a movie theatre, the Kerala High Court observed that it could not be said that the details in the form of laser printing were illegible or not prominent. After perusing through the seized product Justice P. V. Kunhikrishnan in its order said, "The counsel for the petitioner made available a...

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court

The Kerala High Court has observed that the notional income of an ordinary worker has to be fixed after considering the fair wages applicable at the time of calculating the compensation and not based on his earning capacity at the time of the accident.The appellant had approached the High Court challenging the award of rupees 75,000 by the Motor Accident Claims Tribunal. Justice Johnson John stated that earning less than fair wages at the time of the accident should not be a reason to...

Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court

The Kerala High Court has held that a person residing in a state can register his vehicle by any registering authority within the state, irrespective of his place of residence or business within the state, as per Section 40 of the Motor Vehicles (Amendment) Act of 2019.Section 40 provides for the place where the motor vehicle has to be registered. The petitioner's car was not registered by...

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father

The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression.The Court further stated that scientific studies are proving that post-partum depression is relatively...

Kerala High Court Lifts Stay On Lakshadweep Tourism Dept's 'Tent City' But Constructions Subject To Verdict In Property Dispute

The Kerala High Court has removed stay on further construction in connection with the development of Tent City in Thinnakkara and Bangaram islands of Lakshadweep. A Single-Bench Judge had earlier, while dealing with challenge to assignment of the concerned properties to the Tourism Department, stopped the construction by ordering to maintain status quo.The Division Bench of Justice Anil...

Hearing & Speech Impaired Woman Moves Kerala High Court Invoking S.7 Of Disabilities Act For Protection Against Abuse By Miscreant

A plea has been moved before the Kerala High Court by a differently abled woman seeking direction from the Court for police protection against the threat of abuse by relying upon Section 7 of the Rights Of Persons With Disabilities Act of 2016.Section 7 states that all measures have to be taken to provide protection to persons with disabilities and to prevent them from all forms of...

[POSH Act] Majority ICC Reports 'Shockingly' Biased In Favour Of Workplace, Can't Impact Police Report Filed On Victim's Complaint: Kerala HC

The Kerala High Court has observed that the report or findings of the Internal Complaints Committee formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) 2013 will not have an impact against the police report made based on the victim's complaint alleging sexual harassment at workplace. The Court further observed that this is because most of the...

Sabarimala Crowd Management: Kerala High Court Permits Parking Of Pilgrim Vehicles At Chakkupallam-II, Hilltop Area On Experimental Basis

The Kerala High Court, on an experiment basis, has allowed parking of motor cars carrying pilgrims in Chakkupallam-II and Hilltop area in the upcoming Makaravilakku season.Earlier, the Court had, as a temporary measure allowed such parking during the masapooja time.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. emphasized that the parking shall be done only in...

No Prosecution For Possessing Waqf Property Without Sanction From Waqf Board If Possession Was Before Insertion Of S.52A Waqf Act: Kerala HC

The Kerala High Court held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013. Section 52A of the Waqf Act provides rigorous imprisonment up to 2 years for alienation, purchasing or possession...

Wife Of Lakshadweep Man Who Allegedly Went Missing From Police Custody Moves Kerala High Court Seeking SIT Probe

A plea has been moved before the Kerala High Court by the wife of a man who allegedly went missing while in police custody in Lakshadweep.His wife, a permanent resident of Lakshadweep has approached the Court seeking to set up a special investigation team headed by the Superintendent of Police, Lakshadweep to investigate the disappearance of her husband, while he was under police custody....

Dolly Workers With Police Verification Certificate, Health Cards To Carry Pilgrims To Sabarimala: Kerala High Court Issues Directions

The Kerala High Court has recently issued directions to ensure the fitness of 'dollies' (cane chairs) that are used to carry devotees at Sabarimala.The court said that the Travancore Devaswom Board shall ensure the fitness of the dollies used for carrying pilgrims through the trekking path before the commencement of each Maasapooja and Mandala-Makaravilakku festival season. For context, a...