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Kerala High Court
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.
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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.”
Can an offence under S. 498A IPC committed outside India, be tried before Indian Courts? Kerala HC answers
“If any part of the offence or even one instance of the overt act is committed in India, the sanction under Section 188 CrPC is not required”
Parental love or concern cannot interfere with an individual’s right to choose whom they wish to marry: Kerala HC
Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old
HIGH COURT JUNE 2024 WEEKLY ROUNDUP| Stories on Liquor Policy Scam; False article on Anant Ambani Interview; Reservation for Disabled Persons; Organ donation; and more
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Cases Reported in HCC
(2023) 2 HCC (Bom) Labour Law — Industrial Disputes Act, 1947 — S. 25-O (2) — Closure of Undertaking — Whether contractual
Kerala HC directs the State to implement measures for effective waste disposal across Kochi
“Reports indicate that the waste removed from the drains in Kochi are stocked and accumulated on the side of the drains itself, without its further removal. The Kochi Corporation shall file a report regarding the steps taken to clear such waste from the sides and the persons responsible for carrying out the work.”
‘Affection of both parents a basic human right for growing child’: Kerala HC refuses to interfere with Family Court’s order granting visitation rights to father
“While considering the claim for custody of a minor child, unless very serious, proven conduct should make one of them unworthy to claim for custody of the child concerned, the question can and shall be decided solely by looking into the question as to, ‘what would be the best interest of the child concerned.”
HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Electro Homeopathy; Right to Education; Universal Studios; Custodial Torture, and more
A quick legal roundup to cover important stories from all High Courts this week.