‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case
“It is a well-accepted principle that bail is the rule and jail is the exception.”
Kerala High Court
Kerala HC expands Nodal Officer’s jurisdiction to receive & forward complaints of Malayalam film industry victims not presented before Justice Hema Committee
A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.
Kerala HC rejects appeal for Late CPI(M) leader M.M. Lawrence’s religious burial; Upholds body donation to medical college
“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”
Kerala HC quashes defamation proceedings against Ex-MP Sebastian Paul for comparing lawyers to street dogs
The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.
‘Frivolous application filed for delaying disposal’: Kerala HC rejects actor Sunil’s plea to recall two expert witnesses for cross examination in 2017 actor assault case
“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws
“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”
‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case
“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”
Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Kerala HC directs Magistrate to reconsider DBS Bank application to register FIR
“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”
Writ petition against administrative authority cannot be dismissed as ‘non-maintainable’ merely on ground of existence of alternative remedy: Kerala HC
There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.
Read why Kerala HC directed ED probe and payment to victims of Edamulackal Co-Operative Bank fraud case
The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.
‘Use of lethal weapon and precise targeting of vital organs establish intent for murder’; SC upholds UDF sympathizer’s life term in 2006 LDF worker murder case
“The nature and location of the injuries inflicted, the choice of weapon, and the circumstances of the attack unequivocally establish the liability of the convict for causing the death of the deceased.”
Kerala HC Directs Collector and Police to ensure safe pilgrimage to Sabarimala during Mandala-Makaravilakku Festival
Kerala High Court was reviewing the steps and action plans proposed by the Travancore Devaswom Board, the State Government, and the police to ensure the safety and security of pilgrims at Sabarimala.
Kerala High Court sets aside Single Judge order denying termination of a 26-weeks pregnancy for minor rape victim due to absence of psychologist on Medical Board
Kerala High Court instructed the Hospital to preserve all relevant blood samples and tissues to facilitate further medical tests, ensuring that the necessary forensic evidence is available for the ongoing legal proceedings.
Church Administration and Government officials swindled church property: Kerala High Court orders CBI probe
“Now, the conscientious are not occupying the chair of the Church administration. Hence, the Church properties are being swindled by the administrators against the tenets of the Bible.”
Read why Kerala High Court issued extensive directions for welfare and protection of captive elephants
“This case and the orders that we have been called upon to issue from time to time regarding captive elephants lead us to conclude that the life of an elephant in captivity is an ‘Eternal Treblinka’.”
Where offence shakes public confidence, bail shall not be granted: Kerala HC denies bail to police officer accused of raping minor Dalit girl
“Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and not the rule.”
Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC
Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.
Supreme Court revives evidence tampering case against Kerala MLA Antony Raju, orders trial completion in 1 year
Antony Raju is an Indian politician who served as the Minister for Road Transport, Motor Vehicles, and Water Transport in the Government of Kerala until 24-12-2023. He is the leader of Janadhipathya Kerala Congress and was elected to the Kerala Legislative Assembly from the Thiruvananthapuram constituency in the 2021 elections.
Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials
“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”
HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on OCI; Ashneer Grover’s wife; Termination of Pregnancy; Maharashtra Elections; and more
A quick legal roundup to cover important stories from all High Courts this week.