Know Thy Judge | Supreme Court of India: Justice S.V. Bhatti
Justice Bhatti served as Chief Justice of Kerala High Court for 1 month before being elevated to the Supreme Court on 14-07-2023.
Kerala High Court
Supreme Court reverses Kerala HC order granting children’s custody to father, citing lack of home-cooked food and companionship
“We could even have considered giving an opportunity to the father to make suitable arrangements for providing home cooked food to the child but the fact that the child gets no company whatsoever except for that of the father during the interim custody period of 15 days is an additional factor which weighs heavily against his claim for the child’s custody.”
Gold Ornaments given to bride constitute ‘stridhan’; Rigid legal proof not required in claims for its return: Kerala High Court
“The gold given to a bride at the time of marriage is often kept by the husband or his family under the guise of safekeeping of family customs. The woman rarely gets a written record or receipt for such transfers and the woman’s access to her own ornaments can be restricted”.
Can serious POCSO offences be quashed on settlement between parties? Kerala High Court answers
“Each case will have to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that the quashment is wholly impermissible in cases involving POCSO offences.”
Know Thy Judge | Supreme Court of India: Justice K. Vinod Chandran
Formerly a Judge of Kerala High Court and Chief Justice of Patna High Court, Justice K. Vinod Chandran was appointed as Judge of Supreme Court in January 2025.
[Karuvannur Bank Scam] Kerala High Court cautions police to ensure fair and unbiased investigation, free from political influence
“This court, therefore, hopes and trusts that the investigating officer will carry out the investigation in a proper and fair manner as expected from him being the officer of the police force.”
Principle of ‘over-qualification is not disqualification’ cannot be put in a straitjacket imposing rigid rules or norms: SC
The Court refused to grant relief under Article 142 of the Constitution to a candidate applying for post of Boat Lascar, as he gained entry through a process which was not legal and valid.
Co-opted bar council members entitled to equal rights and privileges; cannot be treated as separate class from elected members: Kerala High Court
“The term “elected members” in the resolution shall also include the petitioners. As a result, the petitioners were entitled to all the rights and privileges accorded to the elected members of the Bar Council of Kerala as outlined in the resolution.”
‘Benevolent policy cannot be defeated by reluctance and apathy of officers’, Kerala HC directs State to implement monthly scholarship scheme for disabled children
“The scheme does not require filing of any applications, and it should be ensured that no eligible student is denied the benefits due to the inaction or oversight by the implementing officers”
Compelling wife to adopt husband’s spiritual practices, causing emotional distress, amounts to mental cruelty: Kerala High Court
“Persistent neglect, lack of affection and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse and we find no reason to disbelieve the version of the wife that she was subjected to severe mental trauma.”
Kerala High Court directs Working Group to convene and formulate action plan to address gaps in Kerala Prohibition of Ragging Act
s per Clause 6 of the Government Order, a representative must be nominated by the State Police Chief. Given the gravity of the issue, the Court specified that the nominee should be an officer of no lower rank than Inspector General of Police.
Kerala High Court grants bail to MS Solutions founder Shuhaib in class 10 question paper leak case
On 06-03-2025, the Kerala High Court denied anticipatory bail to Shuhaib.
Magistrate’s jurisdiction under S. 14 of SARFAESI Act doesn’t involve adjudication; passing orders in printed format with just filled-in details is unjustifiable: Kerala HC
“The power under Section 14 of SARFAESI Act has significant consequences, which is why it is entrusted to high-ranking officials like the District Magistrate or Chief Judicial Magistrate.”
‘Expert’s report under S. 293 CrPC not a substitute for certificate under S. 65-B of Evidence Act’; Kerala HC sets aside conviction in rape and murder case
“We are at a loss to understand why the prosecution and the Trial Court had forgone the primary evidence available and have made attempts to rely upon secondary evidence and that too, without proper certification.”
Kerala HC directs State to formulate guidelines for ensuring complainant’s anonymity from public domain during inquiry under POSH Act
Recognising the right to privacy as one of the fundamental rights of an individual, the Court noted that a complainant raising such grievances is entitled to ensure that her identity and whereabouts are kept anonymised from the public domain.
‘Teachers should not be under constant threat of criminal charges’: Kerala HC mandates preliminary inquiry before registering criminal cases against educators
“Teachers are the unsung heroes of our society. They shape the minds, hearts and souls of our future generation. No steps should be taken to diminish the morale of the teachers’ community because they are the backbone of our future generation.”
‘Subsequent events must completely negate landlord’s genuine need, to overturn eviction order’: Kerala HC upholds RCAA order granting possession to landlord
The true test for assessing the impact of subsequent events on the landlord’s bona fide need is whether those events completely eclipse the landlord’s need. If not, the Court can proceed with the general rule that the situation at the commencement of the litigation governs the decision.
Attempt to commit unnatural sex with minor boy: Kerala High Court reduces convict’s sentence to imprisonment for a day
“Considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, a lenient view can be taken. The interest of justice can be met by adequately compensating the victim.”
‘Mental condition of youngsters in our country is astonishing and disturbing’: Kerala HC grants bail to 25-year-old who attacked mother over money refusal
“There is no purpose in blaming the young generation. The society and parents should watch them closely and monitor that their relationship is with good people.”
HIGH COURT MARCH 2025 WEEKLY ROUNDUP | Adoption by step-parent; Bank account freezing; Age relaxation in judicial exams; and more
A quick legal roundup to cover important stories from all High Courts this week.