Kerala High Court Archives

[Sexual Harassment]: Sexism not acceptable or cool; Boys should understand ‘No’ means ‘No’: Kerala High Court suggests including lessons in good behaviour and etiquette in curriculum

Kerala High Court directs college authorities to constitute a ‘Collegiate Students Redressal Committee’ after the Internal Complaints Committee report found the student guilty of sexual harassment, without giving him an opportunity of being heard. The Court noted that teachers must be encouraged to instill virtues and values in students from primary level.

Case Briefs High Courts

Vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying the contraband; Kerala High Court orders release of piloting vehicle

Kerala High Court heldthat only the vehicle used in carrying any narcotic drugs or psychotropic substances can be confiscated under Narcotic Drugs and Psychotropic Substances Act, 1985.

Case Briefs High Courts

Kerala High Court directs Central and State Government to consider penalty against obstruction of free flow of traffic at toll plaza

The Court said that the National Highways Authority and the Concessionaire are bound to device ways and means to ensure smooth and uninterpreted flow of traffic through the Paliyekkara Toll Plaza with immediate effect.

Appointments & Transfers News

3 Additional Judges of Kerala High Court elevated as Judges

The President appoints following Additional Judges of Kerala High Court as the Judges of the Kerala High Court with effect from the

Case Briefs High Courts

Kerala High Court | Court fee cannot be refunded after the suit decided on merits

Kerala High Court observed that when the suit is dismissed on finding that it is barred by law, the court fees cannot be refunded.

Case Briefs High Courts

Individuals should not be permitted to snoop in neighbour’s affairs through CCTV; Kerala High Court directs Police to come up with guidelines related to CCTV installation

Addressing a petition for protection of privacy against neighbour's CCTV surveillance camera, Kerala High Court calls State Police Chief to bring appropriate guidelines for CCTV camera installation.

Case Briefs High Courts

[BCI circular] Kerala High Court directs college to consider 5-year LL.B. admission to Polytechnic/Diploma holder

Kerala High Court directed the law college Principal to consider petitioner's admission to 5-year LL.B. course, disqualified on the ground of academic qualification. The Bar Council of India recently updated qualification for admission to 5-year LL.B. course allowing students of 3-year Diploma/Polytechnic courses.

Case Briefs High Courts

Kerala High Court | If a party has taken steps considering the factor of subsidy, the Government cannot withdraw it retrospectively

Kerala High Court observed that concession or benefit of subsidy can be withdrawn prospectively and not retrospectively, by the Government.

Case Briefs High Courts

Kerala High Court orders action against Devaswom Guard for misbehaving with the devotees at Sabarimala Temple on Makara Sankranti

Kerala High Court said that in many connected matters it had issued various orders regarding crowd management at Sabarimala, in order to ensure that maximum number of devotees have a comfortable darshan at Sabarimala

Case Briefs Supreme Court

Specific Performance| Supreme Court’s split verdict over a party’s readiness and willingness to perform his part of the contract

While Justice Shah stated that the Kerala High Court has erred in interfering with the judgment of Trial Court of passing a decree for specific performance; Justice Nagarathna affirmed the Judgment of the High Court.

Know thy Judge

Know Thy Judge | Justice Chudalayil Thevan Ravikumar

Justice C.T. Ravikumar is known among the legal circle for having a firm grasp of precedents and statutory provisions.. We have curated some of his important High Court and Supreme Court decisions.

Case Briefs High Courts

‘Time period of 6 months for filing Motor Accident Claim must be calculated from the date of accident’; Kerala High Court interprets “month”

Kerala High Court while dealing with the issue of limitation for filing claim petition, considered the months and not days from the date of accident, for calculating the limitation period.

Op Eds OP. ED.

Issue of Mandate of Pre-Arbitral Steps/Preceding Steps Before Invoking Arbitration

by Aditi Tayal†

Case Briefs Supreme Court

Supreme Court | Regulation 153(15) of Kerala Electricity Supply Code, 2014 inconsistent with the provision of Section 126 of Electricity Act, 2003, hence invalid

Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details.

Case Briefs High Courts

Manufacturers of ‘FROOTI’ does not violate Legal Metrology Rules; Kerala High Court quashes complaint

Kerala High Court while deciding the petition against the manufacturers of ‘FROOTI’, interpreted the alleged rules and sections according to the facts, held that the size of MRP and packing date on the plastic bottle of 1.5 litres was in compliance with the Legal Metrology Rules.

Case Briefs High Courts

[Right to be Forgotten] | Claim for the protection of personal information cannot co-exist in an Open Court justice system; Kerala High Court directs Registrar of the High Court to publish the privacy notices within two months in both English and Malayalam languages on the High Court and District judiciary websites

Kerala High Court while dealing with the issue of deleting personal information from the Judgments, discussed the different facets of right to privacy of individuals and the interest of the public qua judicial institutions. The Court concluded that the right to be forgotten cannot be claimed in current proceedings, but in appropriate cases the Court has power to invoke this right.

Case Briefs High Courts

Words uttered must be capable of arousing sexually impure thoughts in minds of hearers to satisfy definition of obscenity to attract Section 294(b) IPC; Kerala High Court reiterates

If the act is not obscene, or is not done in any public place, or the song recited or uttered is not in or near any public place or that it caused no annoyance to others, no offence under Section 294(b) of IPC is committed.

Case Briefs High Courts

Kerala High Court | Teaching experience can be gained only after obtaining the essential qualification necessary for the post of professor

According to a ruling by the Kerala High Court, if there is any requirement of educational qualification for a position then experience for that position will be counted after obtaining the essential qualification and the quality of experience should be same throughout.

Case Briefs High Courts

Kerala High Court grants anticipatory bail to snake expert Vava Suresh accused of displaying a cobra while delivering speech at a college

Kerala High Court granted anticipatory bail to Wildlife conservationist and snake expert Vava Suresh accused under the Wildlife Protection Act, for displaying a highly poisonous cobra while delivering his speech at a Government Medical College

Case Briefs High Courts

Bar under Section 33(5) of POCSO Act is not absolute; Kerala High Court allows recalling of child witness for examination for the just decision of the case

Kerala High Court held that child witness can be recalled for examination; bar under Section 33(5) of POCSO Act is not absolute.