Page 4 - Kerala High Court

Kochi blast remarks: No coercive action against Union minister till Dec 14

The Kerala High Court on Wednesday directed the police not to take any coercive steps against Union Minister of State Rajeev Chandrasekhar till December 14 in the two criminal cases in which he is accused of making statements promoting enmity between different groups. The cases were lodged against him over his controversial social media posts following the blasts at a convention centre in Kochi during a prayer meeting of Christian religious group Jehovah's Witnesses. Justice C S Dias admitted Chandrasekhar's pleas for quashing the FIRs against him and issued notice to the state seeking its stand in both matters. The court also issued notice to Kerala Pradesh Congress Committee (KPCC) Digital Media Convenor P Sarin, on whose complaint one of the FIRs was lodged, and sought his stand on the matter. Right after news broke out about the blasts, Chandrasekhar had posted on Facebook, "The price of appeasement politics of Cong and CPM will always be borne by innocents of all communities

Kerala HC allows ED to summon CPI(M) leader Thomas Isaac in KIIFB case

The Kerala High Court has granted permission to the Enforcement Directorate to issue fresh summons to senior CPI(M) leader Thomas Isaac, allowing the agency to continue its investigation into alleged violations in the financial dealings of KIIFB during his tenure as the state Finance Minister in the previous LDF government. In an interim order dated November 24, the high court clarified that this decision is subject to further orders from the court and scheduled the matter for further consideration on December 1. The court issued this order in response to a plea filed by Isaac, who sought the quashing of the two summons issued to him by the ED. These summons are part of the agency's probe into alleged violations in the financial dealings of the Kerala Infrastructure Investment Fund Board (KIIFB). "...the pendency of these writ petitions will not stand in the way of the ED issuing fresh summons to any person, including the petitioners, and to continue the investigation; however, ...

Air fares fixed by airlines, no governmental control: Centre tells HC

The Centre on Friday told the Kerala High Court that airlines are free to charge air fares as per their operational viability and that it does not interfere in commercial aspects of the airline nor fixing of the airfare. In an affidavit, the union government said the dynamic pricing adopted by the airlines was a global practice and the change in prices are based on algorithms that take into account competitor pricing, supply and demand and other external factors. "Airlines are free to charge airfares as per their operational viability. The government does not interfere either in commercial aspects of airline nor fixing of airfare by them," the affidavit read. In response to a plea filed by one Zainuabideen, challenging the hike by the airlines operating in the Gulf sector in their fares during festival seasons, the central government said dynamic pricing plays a crucial role in determining how airlines improve their revenue per flight. It said the airlines are required to establish

SC collegium recommends 4 names as judges of Orissa, Gauhati and Kerala HCs

A three-judge collegium headed by Chief Justice D Y Chandrachud on Thursday recommended the names of two judicial officers, one advocate and one additional judge for appointment as judges of the high courts of Orissa, Gauhati and Kerala. The collegium, which also comprises Justices Sanjay Kishan Kaul and Sanjiv Khanna, recommended the names of advocate Sibo Sankar Mishra and judicial officer Ananda Chandra Behera as judges of the Orissa High Court. It recommended the name of judicial officer Budi Habung for appointment as a judge of the Gauhati High Court. It also recommended that Additional Judge Justice C S Sudha be appointed as Permanent Judge of the Kerala High Court. The collegium resolution uploaded on the apex court website stated that the Chief Justice of the Orissa High Court in consultation with his two senior-most colleagues recommended their names of Mishra and Behera on January 17, 2023. The chief Minister and the governor of Odisha have concurred with the ...

Mobile of journalists can't be seized without due procedure: Kerala HC

The court said that simply because a journalist has got some information about a crime, his/her mobile cannot be seized without following the procedures under the CrPC

NHAI burdening courts with unnecessary litigations, says Kerala HC

The Kerala High Court has criticised the National Highways Authority of India (NHAI) saying it has become a common practice of the authority to burden the courts with a spate of litigations and that its delay in granting compensation results in payment of heavy interests. In its order, the division bench of the High Court comprising Justices Amit Rawal and C S Sudha, observed that if the NHAI takes appropriate advice, it would save the cost of litigation and avoid the burden of paying heavy interests. The court's order came on an appeal filed by a land owner from Thiruvananthapuram, whose property was acquired by the NHAI for the purpose of constructing a bypass to avoid the Kazhakuttom-Karode stretch of the NH 47. Aggrieved by the compensation fixed by the competent authority, the land owner sought for arbitration during which the value of the land was increased to the extent of 50 per cent. Claiming that the amount was exorbitant, NHAI approached a local court in Thiruvananthapur

Live-in couples can't claim divorce thereon, rules Kerala High Court

The Kerala High Court has said that when two parties decide to live together by virtue of a mere agreement, and not in accordance with any personal law or the Special Marriage Act

Documents issued by govt should be of global standards: Kerala HC

"The certificates issued by the government and statutory authorities have to be internationally accepted, especially when India is a signatory to international conventions and treaties

Educations loans cannot be denied due to low CIBIL score: Kerala HC

Banks are in a bind as Kerala High Court directs them to exercise more compassion with students, as guarantors frequently default on education loan repayments

The naked truth: What do Indian laws say about nudity and obscenity?

The law hasn't clearly explained what can or cannot be regarded as obscene; none of its provisions establish a link between nudity and obscenity

Why half-nude body of man is normal but female body sexualised? Kerala HC

Justice Kauser Edappagath emphasised that nudity should not automatically be associated with sexuality but should be evaluated within the appropriate context

Unhealthy practices done in name of religion are to be prevented: Kerala HC

The contention that animal sacrifice is an essential and integral part of one's religious belief and cannot be interfered with even if it causes nuisance to others, has to be rejected, the Kerala High Court has said. Hearing a writ petition against the inaction of the authorities to stop the illegal slaughter of birds and animals in the guise of ritualistic sacrifice at a private residence here, Justice V Arun said such unhealthy, unscientific and deleterious practices are to be prevented, even if it is done in the name of religion. The court, in an order issued on May 24, directed the Ernakulam district panchayat, the revenue divisional officer, Ernakulam Rural SP and other officials to stop the activities carried out in a structure, resembling a temple, constructed by a private person on the second floor of his residential building, after conducting a probe, at Edathala Grama panchayat near Aluva here. "Going by the precedents and on a proper understanding of the rights under ...

No fitness certificate for vehicles fitted with LED/neon lights: Kerala HC

The court noted that such vehicles pose a potential threat to the safety of other vehicles and their drivers, pedestrians and other road users

Chhattisgarh money laundering case: SC pulls ED, says don't create fear

From pulling up ED in Chhattisgarh money laundering case to questioning the source of power of Delhi-LG while nominating 10 aldermen, here are the important cases of the day

Have not investigated Adani Group since 2016, Sebi tells apex court

The apex court on Monday heard the Adani vs Hindenburg case along with some other crucial cases

Doctor's killing outcome of systemic failure, says Kerala High Court

The Kerala High Court on Thursday said the killing of a 23-year-old doctor at a taluk hospital in Kollam district of the state a day ago by a man she was treating was the outcome of the "systemic failure". A special bench of Justices Devan Ramachandran and Kauser Edappagath directed the State Police Chief to come out with a new set of protocols for ensuring security of the doctors and other healthcare professionals in all government hospitals in the state. "Police need to pull up their socks on a war footing," the bench said during the hearing. The court said that if another doctor or healthcare professional is attacked, the State DGP would be held responsible. During the hearing of the matter, State Police Chief Anil Kant and ADGP Law and order M R Ajith Kumar told the bench that they would come out with a new set of protocols within a week. They also told the court that the State Industrial Security Force (SISF) has young, armed and trained personnel picked from the police and a

Kerala HC terms Tanur boat accident as 'haunting'; initiates suo motu

The Kerala High Court on Tuesday termed as "shocking" and "haunting" the boat accident at Tanur area of Malappuram district two days ago that claimed 22 lives, including 15 children, and initiated a PIL on its own to find out why the authorities allowed the vessel to operate by allegedly flouting rules. A bench of Justices Devan Ramachandran and Shoba Annamma Eapen said their "hearts were bleeding" and they "underwent sleepless nights" after seeing the lifeless bodies of the children. The court said the accident happened as a result of "the deadly cocktail of callousness, greed and official apathy." The court said it was initiating the petition on its own to ensure that such an incident does not happen ever again. The bench noted that such boating tragedies were happening in the state with "frightening regularity" since 1924 when Kerala lost Mahakavi Kumaranasan, one of the triumvirate poets of Kerala, when a boat from Kollam to Kottayam sank at Palana. The boat capsized near an .

SC to hear on May 15 plea against HC stay order on 'The Kerala Story'

The Supreme Court will hear on May 15 a plea against the Kerala High Court order refusing to stay the release of the controversial multilingual film "The Kerala Story". Senior advocate Kapil Sibal on Tuesday mentioned the matter for urgent listing before a bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha. When the bench inquired whether the high court has passed an order in the matter, Sibal said it has refused to stay the release of film. "We will keep it on Monday (May 15)," the bench said. On May 5, the high court refused to stay the release of the movie and said the trailer does not contain anything offensive to any particular community as a whole. The high court noted the producers' submission that they do not intend to retain an "offending teaser" which contained a statement that "32,000 women" from Kerala were converted and joined a terrorist organisation. It said the Central Board of Film Certification (CBFC) has examined the movie and found it sui

'The Kerala Story' controversy: Why are state leaders mulling for a ban?

The film deals with the story of a group of women from Kerala who were converted to Islam (either by force or were deceived) and go on to join the Islamic State of Iraq and Syria (ISIS)

Building owner can decide whether to collect parking charges: Kerala HC

The Kerala High Court has held that it is up to the building owner to decide whether or not to collect parking fees from customers while using the shopping facility