HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on age of superannuation; abortion of 28 weeks pregnancy; compassionate appointment; anti CAA protests and more
A quick legal roundup to cover important stories from all High Courts this week.
Kerala High Court
Can a person change his religion in school certificate after conversion? Kerala HC answers
“Even if it is to be accepted that there is no provision enabling change of religion entered in school certificates, that is no reason to tie down a person to one religion, merely by reason of his birth”
‘Refusal to acknowledge irretrievable breakdown of marriage does more harm than good’: Kerala HC allows appeal by wife for divorce
“Marriage should be a union based on mutual respect, love, and understanding. When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond”
Cases Reported in HCC
(2023) 2 HCC (Bom) Labour Law — Industrial Disputes Act, 1947 — S. 25-O (2) — Closure of Undertaking — Whether contractual
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more
A quick legal roundup to cover important stories from all High Courts this week.
Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores
Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”
‘Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case
“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Briar App; Internet Gaming Disorder; Dalai Lama; Centipede in Amul Ice-cream and more
A quick legal roundup to cover important stories from all High Courts this week.
When can CBI be involved in an investigation? Kerala High Court answers
“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”
What does the term ‘competence’ under Section 24 of CPC refer to? Kerala HC explains
Under Section 24 (1) of the Code, the High Court or District Court may at any stage withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same.
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Kerala High Court allows transwoman to live apart from hostile family members who forced her to undergo treatment for changing gender identity
After interacting with the parties, the Court found that X, the transwoman has made a firm decision to live separately from her parents due to familial violence consequent to her self-determination as a transwoman’
Will penal provisions under Kerala Protection of Riverbanks and Regulation of Removal of Sand Act apply to river sand found on stationary vehicle? Kerala HC answers
Section 23 of the Kerala Protection of Riverbanks and Regulation of Removal of Sand Act, 2001 states that whoever transports sand, without complying with the provisions of the Act shall be punished, and the vehicle used for the transportation be liable to be seized by the Police or Revenue Officials.
Justice Ashish Jitendra Desai, 38th Chief Justice of Kerala High Court bids farewell
Justice Ashish J. Desai was appointed as 38th Chief Justice of Kerala High Court and took oath of office on 22-07-2023. As Justice Desai steps down, his legacy of legal brilliance and unwavering commitment to justice will be remembered and cherished by the legal fraternity and the public alike.
Centre notifies appointment of Justice Muhamed Mustaque Ayumantakath as Acting Chief Justice of Kerala High Court
Justice Muhamed Mustaque Ayumantakath will perform the duties of Acting Chief Justice consequent upon the retirement of Justice Ashish Jitendra Desai, Chief Justice, Kerala High Court on 04-07-2024.
Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty
“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”
Under what circumstances can a witness be recalled for reexamination under Section 311 of CrPC? Kerala HC answers
“The very use of words such as “any court”, “at any stage”, or “or any enquiry, trial or other proceedings”, “any person” and “any such person” clearly spells out that the provisions of this section have been expressed in the widest possible terms, and do not limit the discretion of the court in any way. There is thus no escape if the fresh evidence to be obtained is essential to the just decision of the case.”
‘Sexual orientation an innate part of identity of LGBTQ+ persons’: Kerala HC upholds Right of choice and Right to live life of a queer woman
“Many LGBTIQA+ youth face familial rejection, often from an early age. This rejection can take a devastating toll on individuals and isolate them from physical, emotional and economic resources that are essential to their well-being. In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship”.
‘Non-litigating spouse is a competent witness for the other spouse who litigates’: Kerala HC sets aside Trial Court order
“The expression ‘competency of witness’ refers to the capacity, ability or qualification to give evidence in the Court of Law.”
Magistrates should specify whether maintenance is ordered under CrPC or HAMA while dealing with Domestic Violence matters: Kerala HC
“For the reason that the parties are Hindus, one cannot assume that the order of maintenance is in recognition of the right under HAMA, for, Section 125 CrPC is secular and applicable to all.”