Bringing you the Best Analytical Legal News
Observing that a birth certificate is a person’s first public identity document and that leaving the father’s name blank could inflict lasting psychological and social harm upon the child, the Kerala High Court directed the inclusion of the biological father’s name in the birth certificate.
Keral High Court viewed that even if the Travancore Devaswom Manual provides for the issuance of special orders, such provision cannot be construed as granting a blanket exemption from compliance with financial control mechanism.
Kerala High Court, exercising habeas corpus jurisdiction, intervened in a custody dispute involving unlawful removal of a minor child in violation of a Family Court decree, and ultimately directed restoration of custody to the mother, emphasising that such decrees cannot be circumvented except through due process of law.
The Kerala High Court upheld Section 104(1-A) of the Industrial Relations Code as a valid transitory provision, holding that allowing existing Labour Tribunals to continue until new bodies are constituted is neither manifestly arbitrary nor unconstitutional.
“Relying on earlier precedent, the High Court directed authorities to process the marriage immediately after the statutory notice period.”
Justice Bhatti served as Chief Justice of Kerala High Court for 1 month before being elevated to the Supreme Court on 14 July 2023.
The Court clarified that Section 104(1-A), IR Code starts with a non-obstante clause, thereby enabling it to operate even if there is any contrary or inconsistent provision contained in the same statute.
It was argued before the Court that the offences alleged against the appellants were very serious, and they can even be sentenced to imprisonment for life if the charges are proved.
The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.
“Prima facie, the State Government had acted based on the liberty granted by the Coordinate Bench, since the earlier Government Orders had failed due to lack of proper gazette notification. However, the State Government had acted bona fide based on the earlier judicial pronouncement.”
Kerala HC, in suo motu proceedings on complaint regarding Kodungallur Temple, directs comprehensive scheme for sanitation, drinking water, and devotee management across all temples under Board control
“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”
“Offences such as criminal trespass and house trespass are offences against possession and not against ownership. Therefore, even a true owner cannot, under the guise of ownership, unlawfully enter premises in the lawful possession of another with the intent to commit an offence.”
“Serving a copy of the complaint and other relevant documents is mandatory under Rule 7, POSH Rules, and the failure to do so constitutes violation of the principles of natural justice.”
“The petitioner objected to the web series ‘Anali’ scheduled for release on JioHotstar, believing that the content was substantially inspired from incidents connected to Koodathayi murders for which she was lodged in prison. The series would malign her, create prejudice in public opinion, and adversely affect prospects related to her conviction.”
“Even to decide whether offences under the SC/ST Act are attracted, the courts cannot proceed unilaterally without issuing notice under Section 15-A(3). The Special Judge thoughtlessly granted bail in a case of mob lynching without ensuring a mandatory hearing to the victim’s dependent, which amounted to a serious lapse.”
“Kerala High Court allows a woman to urgently extract and cryopreserve the gametes of her brain-dead husband, despite the absence of written informed consent under the Assisted Reproductive Technology (Regulation) Act, 2021, directing that no further ART procedures occur without its approval.”
“The wife stated that it would be serious prejudice to her in participating in the trial at the Kollam court centre, which was her workplace, and that the distance from her residence to Punalur, the court to which transfer was ordered, was 50 kilometres, whereas the distance from the husband’s residence to Punalur was only 40 kilometres.”
Kerala High Court evaluates if siblings of a deceased accident victim are eligible for compensation under the head ‘loss of love and affection’, while also revisiting notional income, dependency calculations and conventional heads of damages.