Kerala High Court

9 Permanent Judges for 2 HCs
Appointments & TransfersNews

The Collegium recommended appointing 6 Permanent Judges for Bombay High Court and 3 Permanent Judges for Kerala High Court.

previous sanction for prosecution
Case BriefsHigh Courts

“Merely because the power of appointment and removal was delegated to the Administrator, he could not be held as the competent authority to remove the accused, who was appointed prior to the delegation by the President”

BJP Activist S.K. Sreenivasan murder case
Case BriefsHigh Courts

“On 16-04-2022, 5 accused persons came on three two-wheelers, and inflicted grievous injuries on Sreenivasan and killed him by hacking his head and other parts of his body with choppers.”

Guidelines for police arrest in court premises
Case BriefsHigh Courts

“The State Government shall forthwith issue an Office Memorandum highlighting the clarifications noted above for the purpose of informing all the stakeholders of the contents of this order.”

doctor's negligence directly causes death
Case BriefsHigh Courts

“While negligence was an omission to do something which a reasonable man would do, or the doing of something which a prudent and reasonable man would not do, medical negligence occurred when a healthcare professional breached his duty of care, causing harm to a patient.”

Rs 40 lakh petrol pump embezzlement
Case BriefsHigh Courts

“Financial irregularities could be brought to a stop, and systematic loss of income out of Devaswom assets and properties could only be prevented by adopting sound accounting practices, a prerequisite of which was computerisation.”

kidney donation to husband's friend
Case BriefsHigh Courts

“As petitioner 1 and the husband of petitioner 2 have been working together, there is sufficient chance that their families are in friendship. Whether the families are interacting even now physically, is no ground to disbelieve the element of altruism.”

parole denied for wife's pregnancy care
Case BriefsHigh Courts

“While granting emergency leave by invoking its extraordinary jurisdiction, the Court will always keep in mind the interests of the victims and their relatives as well. Their kith and kin might have been murdered after inflicting fatal injuries.”

Disrespecting Mahatma Gandhi statue
Case BriefsHigh Courts

“The conduct of the petitioner was deplorable, and he should have known that the rights and freedom guaranteed by the Constitution ought to be tempered and moulded by the fundamental duties cast upon him.”

CIAL is public authority
Case BriefsHigh Courts

The Court concluded that all three limbs of Section 2(h)(d)(i) of the RTI Act — ownership, control, and substantial financing, stood satisfied in the case of CIAL. Hence, CIAL was held to be a “public authority” within the meaning of the Right to Information Act, 2005, and was amenable to the obligations of information disclosure under the provisions and rigours of the Act.

not lowering National Flag after sunset
Case BriefsHigh Courts

“To attract the offence under Section 2 of the Prevention of Insults to National Honour Act, 1971, a person should burn, mutilate, deface, defile, disfigure, destroy, trample upon or otherwise show disrespect to or bring into contempt, the Indian National Flag or the Constitution of India or any part thereof, in any public place or in any other place within public view.”

Kerala stray dogs euthanasiadeferred
Case BriefsHigh Courts

“While animal rights are necessary and must be respected, they cannot trump the fundamental rights of human beings. However, a balance must be struck for co-existence.”

Daughter-in-law ‘children’ under Senior Citizens Act
Case BriefsHigh Courts

“A purposive interpretation should be given to the word ‘children’ defined under the Senior Citizens Act, 2007, especially when the definition of ‘children’ starts with the word ‘includes’ son, daughter, etc., and therefore, a petition under the provisions of the Act would lie against the daughter-in-law also.”

police protection NIT quarry survey
Case BriefsHigh Courts

“In our country governed by rule of law, every citizen has a right to do any business or pursue any avocation permissible under law, following the provisions of law. Whether such an avocation or business is to be permitted or not, is for the competent authorities under the State to decide.”

TP Chandrasekharan murder convict denied parole
Case BriefsHigh Courts

“A life convict is entitled to parole only in extraordinary situations, and that also as per the law in force.”

Violation of Hill Slope Excavation Limits
Case BriefsHigh Courts

The petition was filed alleging that soil extraction is being carried out in connection with the construction of the National Highway from Kasaragod to Thiruvananthapuram, where soil was extracted beyond the permissible limits altering the hill topography and causing severe environmental damage with the risk of landslides.

Kerala HC NDPS bail
Case BriefsHigh Courts

“Neither in the arrest intimation nor in the arrest memo is there anything to indicate that the grounds for arrest were communicated to the accused.”

Tata Tea name change decree rights
Case BriefsHigh Courts

“When a change in the name of a company takes place and the same gets registered in the register of the companies, there is no substantial change in the constitution of the entity and it shall not affect any rights and obligations of the company or render defective any legal proceedings by or against it.”

S. 498A IPC conviction unproven cruelty
Case BriefsHigh Courts

“In cases of domestic violence, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house.”

assault on advocate for drafting complaint
Case BriefsHigh Courts

“The fundamental right to have access to courts of law is enabled largely through advocates. If advocates are attacked for drafting complaints, the rule of law will suffer.”