Differently-Abled Employee Cannot Be Punished For Govt's Failure To Provide Infrastructural Facilities: Kerala High Court

The Kerala High Court recently observed that it was the duty of the government as per the Rights of Persons with Disability Act to ensure public places are accessible to differently abled persons and any failure to do so should not be detrimental to a government employee with disabilities.The Bench of Justice A. Muhamed Mustaque and Justice Johnson John made this observation in a case filed by...

Kerala High Court Allows Transgender Parents To Be Shown As 'Parents' Instead Of Father Or Mother, Says Law Must Evolve With Society

The Kerala High Court while allowing the petition filed by the Zahhad and Ziya, the first transgender parents of the country, to change the description of them in their child' s birth certificate from father and mother to parents observed that the law has to evolve with the changes in the society“…the law cannot remain static, but it has to evolve in accordance with the changes in the...

Kerala High Court Issues Fresh Notice To Former MLA PV Anvar In Plea Seeking CBI Inquiry Into Phone Tapping Allegations

The Kerala High Court has directed issuance of fresh notice to Former Nilambur Member of Legislative Assembly PV Anvar in a Writ Petition (Criminal) that sought CBI investigation into an alleged case of illegal phone tapping.The matter was listed today and was considered by Justice P.V. Kunhikrishnan. Advocate K.M. Firoz took notice for the former MLA, who is arrayed as the 13th respondent in...

Kerala High Court Stays Trial In Youth Congress Activist Shuhaib's Murder Case, Asks State To Consider Parents' Plea To Replace Public Prosecutor

The Kerala High Court on Wednesday (4th June) stayed the trial of the murder case of Youth Congress Activist, Shuhaib before the Additional Sessions Court III, Thalassery. The order was made by Justice P. V. Kunhikrishnan in a petition filed by Shuhaib's parents and the witnesses in the case to appoint a special prosecutor to conduct the trial.Shuhaib was hacked to death allegedly by...

Vessel Engaged Under SEAIOCM Agreement Qualifies As 'Foreign Going Vessel' For Exemption U/S 87 Of Customs Act: Kerala High Court

The Kerala High Court stated that vessel engaged under SEAIOCM agreement qualified as 'foreign going vessel' for exemption under section 87 Of Customs Act. The Bench consists of Justices A.K. Jayasankaran Nambiar and P.M. Manoj was addressing the issue of whether in the backdrop of the terms of engagement of the vessel under the SEAIOCM Agreement, the vessel can be categorized as...

Kerala High Court Upholds Strict Liability Of Elephant Owner, Handlers In Fatal Attack During Temple Procession

In a recent ruling, the Kerala High Court, presided over by Justice C. Pratheep Kumar, reaffirmed the principle of strict liability for owners and handlers of dangerous animals. The court held that they are fully responsible for any harm caused by such animals regardless of negligence or any provocation by third parties. This judgment followed a tragic incident during a temple procession in...

Import Of Inverter Component Without Photo-Voltaic Cell Not Eligible For Customs Duty Exemption: Kerala High Court

The Kerala High Court stated that import of inverter component without photo-voltaic cell not eligible for customs duty exemption. “Inasmuch as the import was only of the inverter component, without the photo-voltaic cell - a component that was essential for harnessing solar energy, which could then be routed through the inverter system for the supply of electrical energy to the...

Kerala High Court Upholds Right To Change Religion & Name In Educational Records Upon Conversion

The Kerala High Court has recently upheld an individual's right to change their religion under Article 25 of the Constitution of India and to have such changes reflected in educational records.The order was delivered by Justice D. K. Singh.BackgroundThe writ petition arose when the petitioner, Sudhin Krishna C.S., originally recorded as Mohammed Riyazudeen C.S. by his father in his...

Shahabas Murder Case: Kerala High Court Directs Observation Home To Allow Accused Juveniles To Be Admitted To School

The Kerala High Court on Wednesday (June 4) passed an order directing the Superintendent of Observation Home, Kozhikode to take steps to enable the accused juveniles (petitioners) in the Shahabas murder case to take admission in allotted schools.The Station House Officer (SHO) Thamarassery was also directed to provide adequate protection and assistance to the petitioners as well as...

Absence Of Formal Demand Notice For Property Tax During Pendency Of Litigation Does Not Absolve Assessee's Obligation To Pay: Kerala High Court

The Kerala High Court stated that absence of a formal demand notice for property tax during pendency of litigation does not absolve assessee's obligation to pay such tax. The Division Bench of Justices A.K. Jayasankaran Nambiar and P.M. Manoj stated that “The liability to pay the tax once assessed is on the assessee and in a situation where the assessee continuously pays the...

Guidelines Relating To Issuance Of Indian Passports Cannot Circumvent Passport Act & Rules: Kerala High Court

The Kerala High Court has held that the compendium of Instructions/Guidelines relating to the issue of Passports in India/Abroad cannot go against the provisions of the Passports Act, 1967 or the Rules thereon or any other instrument having the force of law.The judgment was passed by Justice Mohammed Nias C.P. while considering a writ petition before the Court. The petition was preferred for...

Wife Has Right To Live In Shared Household Even After Husband's Death: Kerala High Court

In a significant ruling reaffirming a woman's right to residence, the Kerala High Court has held that a wife cannot be ousted from her matrimonial home even after the death of her husband. The decision delivered by Justice M.B. Snehalatha underscores the right of a woman to live in a shared household, ensuring her safety and dignity despite familial opposition."One of the most...