Crafting a Lasting Legacy in ADR and Legal Aid, Justice Hrishikesh Roy, retires
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid.
Kerala High Court
Wife’s temporary job will not disentitle her to claim maintenance from husband, if income from said job is insufficient for her maintenance: Kerala HC
“The test is whether the wife is able to maintain herself more or less in the status, in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”
Legitimacy determines paternity under Section 112 Evidence Act, until the presumption is rebutted by proving ‘non-access’: SC
An ‘additional’ access or ‘multiple’ access does not automatically negate the access between the spouses and prove non-access thereof.
‘Merely smoking is no ground to conclude that victim is of deviant character’; Kerala HC upholds conviction u/s 377 IPC
“Youngsters are prone to commit mistakes/follies during their teens or young age for which they cannot be branded as deviant and wholly unreliable.”
Magic mushroom not a scheduled narcotic or psychotropic substance: Kerala HC grants bail to NDPS accused
In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.
Kerala HC grants bail to Boby Chemmanur in sexual harassment case, citing bail is rule & jail is exception; warns against body shaming
“Everybody should be vigilant while making comments about others, whether they are men or women.”
Kerala HC clears path for remote cross-examination via video conferencing to streamline court proceedings
Kerala High Court made it clear that permission to conduct cross-examinations via video conferencing is not an automatic right. Such permission should only be granted if valid reasons are provided, and the absence of a specific provision in the rules should not prevent this.
State Bar Council not entitled to charge applicants a fee for verifying educational certificates during enrollment process: Kerala High Court
There is a duty cast upon the Bar Council to get the certificates of the applicant verified by the Boards and Universities concerned, without charging any fees. Therefore, the notice to the extent stipulates the collection of fees of Rs.2,500/- for verification, cannot be implemented.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP| Stories on Bhupendrasinh Zala; Police Protection to Live-In Couple; WIPRO’s Trade Mark; Rangarajan Narasimhan; and more
A quick legal roundup to cover important stories from all High Courts this week.
Justice C.T. Ravikumar retires; the Judicial Odyssey of a Zoology graduate to the Supreme Court of India
Justice C.T. Ravikumar’s journey from a young graduate in Zoology to a distinguished judge of the Supreme Court exemplifies his dedication, passion, and exceptional legal prowess and serves as an inspiration for aspiring legal professionals.
Kerala High Court allows State to acquire Nedumpala estate and Elstone tea estate in Wayanad for rehabilitation of Landslide victims under Disaster Management Act
Disaster Management Act mandates the State Government to take necessary measures for disaster management, which includes both immediate relief and long-term recovery efforts.
Kerala High Court approves ‘Pappanji’ burning for new year celebrations in Kochi; Recommends wider safety barricade around effigy
‘Pappanji’ typically refers to a large effigy, often constructed as part of local New Year or cultural celebrations in Kerala, particularly in places like Kochi. The effigy, often representing an exaggerated figure or caricature, is burned as a symbolic gesture to mark the end of the old year and to usher in the new one.
Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court
“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”
Borrowers cannot be coerced into repaying loans through threats of reputational damage or privacy invasion: Kerala High Court
“The display of photographs of defaulting borrowers violates their dignity, reputation, and fundamental right to life, as guaranteed under Article 21 of the Constitution of India”
“Embarrassment for the whole city”: Kerala HC takes suo motu cognizance after food poisoning at Ponnurunni Anganwadi, Issues Directions
Kerala High Court expressed deep concern over the situation, calling it an embarrassment for the entire city to witness such a massive accumulation of waste without any action taken to remove it.
‘State suffers fatal and serious injuries from attacks by animals and reptiles’; Kerala HC directs State and KELSA to propose measures for redressing victims’ grievances
“This matter requires serious and urgent consideration, in consultation with the stakeholders”
‘Medical reimbursement cannot be denied for treatment in hospital unapproved by Insurer’; Kerala HC directs ESIC to reimburse medical expenses
“ESIC’s insistence on an emergency certificate to process the petitioner wife’s claim is untenable and hyper-technical”
‘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 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.”