Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor

While permitting a 16-year-old school going girl to terminate her over 26-week-pregnancy, the Kerala High Court said that the mental trauma undergone by the minor girl who had been stated to be subjected to "repeated sexual assault", cannot be an irrelevant consideration.In doing so the court allowed an appeal by the survivor's mother challenging a single judge's order which had rejected her request, for medical termination of her daughter's pregnancy. The court further noted that the medical...

Registry To Obtain 'Administrative Order' From Chief Justice For Listing Cases Deviating From Roster: Kerala High Court

The Kerala High Court has said that its Registry will seek "administrative orders" from Chief Justice if it receives any judicial orders to connect cases from a different roster without any assigned specific reason or without a direction to obtain permission from the Chief Justice. The court was hearing a suo motu matter under the Judicial Practice and Procedure roster. The Registry had submitted before the high court that in certain cases, judicial orders were passed to connect case/s from...

Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court

The Kerala High Court stated that the department cannot reopen an assessment that has already been settled by issuing a fresh notice if the period of limitation had expired before the date of the amendment extending the timeline for reopening.The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “…….no doubt, in those cases where the erstwhile period of limitation of five years had already expired before the date of the amendment of Section 25(1) in 2017,...

Retired Doctor Moves Kerala High Court To Appoint A Custodian For Her Living Will

A retired doctor recently moved the Kerala High Court seeking a custodian for her living will. A living will contains instructions about the medical treatment to be administered in future when the person is terminally ill or no longer able to give informed consent. The matter came before Justice Gopinath P.As per the procedure laid down by Supreme Court, the living will shall be handed over to a competent official who shall be custodian of the will. This person should be nominated by the local...

Are Government Pleaders Gazetted Officers? Kerala High Court Asks Govt To Clarify

The Kerala High Court has asked the government to issue a notification or instruction clarifying whether Government Pleaders, Senior Government Pleaders, and Special Government Pleaders are Gazetted Officers within one month.Justice Gopinath P. was considering a writ petition filed by an Indian woman who wanted to marry an American citizen and her application submitted under the Special Marriage Act was rejected, stating that the Government Pleader who attested her document was not a gazetted...

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay

The Kerala High Court stated that the medical condition cited by the assessee is not sufficient grounds to justify condoning a four-year delay in filing the appeal.The Bench of Justice Gopinath P. observed that “the assessee has not made out any ground for grant of relief in the writ petition. Admittedly, the assessee filed appeals against the orders only in the month of February 2024...

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. The court underscored that where the offence complained is...

'Distressing And Anti-People': Kerala High Court Criticizes State Govt's Flash Harthal In Wayanad For Additional Funds From Centre

The Kerala High Court today came down heavily on the CPI(M) led LDF government in the State for coming together with Congress-led UDF in opposition to organize a flash Harthal in Wayanad on November 19, to protest Centre's alleged reluctance in granting additional assistance for rehabilitation works post-landslide. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice K...

Kerala High Court Dismisses Appeal Against Attachment Of Property Of Police Officer Accused In Custodial Torture Of Advocate

The Kerala High Court on Thursday (21st November) dismissed the appeal filed by a police officer against the attachment of his property in a case of custodial torture of an advocate.As per the allegation, the Circle Inspector of police at Karunagappally station at that time, nurturing some vengeance against the advocate for leading an agitation against him and thereby causing his transfer,...

Disrespect To Constitution By Words, Acts An Offence Under Insults To National Honour Act: Kerala HC Directs Probe Into Saji Cherian's Remarks

While ordering further investigation into the allegedly insulting remarks made by Minister for Fisheries, Culture and Youth Affairs Saji Cherian, the Kerala High Court observed that post the 2003 amendment to Section 2 of Prevention of Insults to National Honour Act, even disrespect shown to the Constitution by words either spoken or written or by acts can amount to conduct falling foul of...

Kerala HC Quashes Case Against Goa Governor Sreedharan Pillai Over Remarks On Women's Entry At Sabarimala, Says Speech Wasn't Made In Public

The Kerala High Court quashed a case registered under Section 505 (1)(b) (statements conducing to public mischief) of the IPC against former State BJP President and present Goa Governor P.S. Sreedharan Pillai for allegedly making statements supporting the Thantri's decision to deny entry of women at Sabarimala Temple, against the Apex Court decision in Young Indian Lawyers...

Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court

The Kerala High Court has held that any overt act which involves a physical contact with sexual intent constitutes 'sexual assault', even if there is no penetration. Justice A. Badharudeen noted that under Section 7 of POCSO Act, which defines 'sexual assault', includes within its ambit any other act which involves physical contact with sexual intent.The prosecution case was that the accused,...