Violates Fundamental Rights: Kerala HC Says 'High Time' For Setting Up Legal Framework To Compensate Victims Of Wrongful Prosecution

The Kerala High Court has remarked that it is high time for a legal framework to be set up to compensate victims of wrongful prosecution, noting that as of now, a wrongly convicted person only has a remedy under private law by instituting a suit against the State before civil court for damages. Justice Kauser Edappagath in his order remarked that wrongful convictions violate the fundamental rights of a person.“Basic human rights protections against unlawful prosecutions, illegal...

Kerala High Court Issues Guidelines For Appointment Of Public Prosecutors, Calls For Primacy To Be Given To District Judge's Opinion

The Kerala High Court has directed the State to give primacy to the opinion of the District Judge while appointing Public Prosecutors and formulate guidelines to that effect. The Court further directed the State to fill any vacancy of Prosecutors remaining unfilled in various courts without much delay.Section 24 of Cr.P.C and now corresponding Section 18 of BNSS contemplates that the...

Children In Custody Battle Should Be Called To Court Only In Unavoidable Situations, Must Be Treated With Highest Dignity, Privacy: Kerala HC

'Taken aback' by the trauma that Court appearances caused to a child involved in custody battle, the Kerala High Court has directed Family Courts to ensure that children are called to Courts only in extraordinary situation and with great caution.The Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha ordered that children should be called to the Court premises only...

Writ Petition Can Be Entertained When Order U/S 9 Of Arbitration Act Neither Grants Nor Refuses Relief: Kerala HC

The Kerala High Court bench of Justice Harisankar V. Menon has held that a writ petition under Articles 226/227 of the Constitution of India can be entertained against an order passed by the Commercial Court under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) when such an order neither grants nor refuses to grant relief, thereby not making it appealable...

“Temple Festivals Are Expressions Of A Community's Joy”: Kerala High Court Remarks In Plea Over Alleged Disruptions During 2024 Thrissur Pooram

The Kerala High Court bench of Justice Anil K. Narendran and Justice Viju Abraham has remarked that while worship of deities may be an individual's religious or spiritual need, temple festivals are the expression of a community's joy.The Court was hearing the state's submissions regarding it's investigation into the alleged disruptions caused during last year's Thrissur Pooram.“The worship...

Kerala High Court Weekly Round-Up: April 14 – 20, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 241 - 244 ]St. Antony Trading and Transport Pvt Ltd vs Joint Commissioner (Appeals), 2025 LiveLaw (Ker) 241Anvar Ali Poolakkodan v. The Income Tax Officer, 2025 LiveLaw (Ker) 242Anoop Varkey v G. S. Sajiprasad and Others, 2025 LiveLaw (Ker) 243The Gateway Hotels v. Kochi Municipal Corporation, 2025 LiveLaw (Ker) 244Judgments/ Orders This...

Kerala High Court Quarterly Digest: January - March, 2025 [Citations: 1 – 221]

Nominal Index [Citations: 2024 LiveLaw (Ker) 1 –221]Alan Benny v Bar Council of Kerala and Another, 2025 LiveLaw (Ker) 1Mrs. Suma Sunilkumar v. The State Medical Officer, 2025 LiveLaw (Ker) 2Alex C. Joseph v State of Kerala and Others, 2025 LiveLaw (Ker) 3Manjusha K. v Central Bureau of Investigation and Others, 2025 LiveLaw (Ker) 4Sreekumar A. V. v State of Kerala and Another, 2025...

Lowest Vacancies, Highest Disposal Rates: Kerala Ranked Number 1 In Judiciary By India Justice Report 2025

India Justice Report (IJR) which is a collaborative effort of DAKSH, Commonwealth Human Rights Initiative, Common Cause, Centre For Social Justice, Vidhi Centre For Legal Policy and TISS-Prayas has ranked Kerala at No. 1 in Judiciary among the large and mid-sized states. The report aims to rank the capacity of formal justice system operating in the states using the government's own...

Plea Filed In Kerala High Court Protesting Installation Of RSS Flags, Banners In Kollam Temple

A petition has been filed before the Kerala High Court alleging that certain persons have installed flags resembling those of RSS and Bajrang Dal in the temple premises of Manjippuzha Bhagavathi Bhadrakkal Temple, Kollam during its festival. The petitioner has sought directions from the Court to ensure that the temple premises is used only for religious purposes.The petitioner who is a devotee...

Kerala Municipality Act | Building Owners Liable To Pay Revised Property Tax For Past Three Years After Adjusting Previously Paid Amount: HC

The Kerala High Court stated that building owners liable to pay revised property tax for past three years, after adjusting previously paid amounts. The Bench of Justice Bechu Kurian Thomas was addressing the issue of whether, despite the creation of charge on the property enabling the Municipality to recover the arrears of tax as arrears of public revenue, the limitation period...

Person Against Whom Vigilance Proceedings Are Initiated Cannot Be Included In List For Promotion: Kerala High Court

The Kerala High Court held that a person against whom vigilance has filed an FIR after conducting a preliminary enquiry along with the approval granted by the appropriate authority cannot be included in the select list for promotion.Note (i) to Rule 28(b)(i)(7) of Part II KS&SSR says that an officer against whom vigilance or departmental proceedings is taken after the charges have prima...

Kerala High Court Directs Centre To Submit List Of Persons Named In Order Of Interim Settlement Board In CMRL Case

The Kerala High Court on Wednesday (16th April) directed the Additional Solicitor General Adv. AR. L. Sundaresan to submit the list of persons involved in the order made by the Interim Board for Settlement for Cochin Minerals and Rutile Limited (CMRL).“The ASG is directed to place the list of the persons involved in Exhibit P1 order in a sealed cover to this court on next date of...