Kerala High Court Issues Notice On PIL Challenging Arrests For "Black Flag" Protests Against Chief Minister
2 years, 4 months ago

Kerala High Court Issues Notice On PIL Challenging Arrests For "Black Flag" Protests Against Chief Minister

Live Law  

The Kerala High Court on Tuesday sought answers from the State Government in a Public Interest Litigation filed challenging the arrest and detention of persons who protested against the Chief Minister by waving black flags.A Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P Chaly has issued notice to the Kerala Government and the District Police Complaint Authority. The Kerala High Court on Tuesday sought answers from the State Government in a Public Interest Litigation filed challenging the arrest and detention of persons who protested against the Chief Minister by waving black flags. A Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P Chaly has issued notice to the Kerala Government and the District Police Complaint Authority and has directed them to file counter affidavit. The Petition was filed seeking to declare that the arrest and detention for waving black flags or wearing a black dress in protest are illegal and sought an order to grant compensation to the persons who have been booked for waving black flags at the chief minister and ministers.

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History of this topic

Kerala High Court Quashes Case Against Public Servant For Commenting On CM's Plea To Govt Officers To Donate 1-Month Salary For Flood Relief
5 days, 10 hours ago

Kerala High Court Quashes Case Against Public Servant For Commenting On CM's Plea To Govt Officers To Donate 1-Month Salary For Flood Relief

Live Law  

The Kerala High Court quashed proceedings against a public servant for allegedly making "sarcastic comments" on a WhatsApp group concerning the Chief Minister's appeal to government officers to donate their one-month salary to a relief fund after the 2018 floods.The court found that the alleged comments were not intended to cause any injury to the benificiaries of the flood relief …

Kerala High Court Refuses Anticipatory Bail To Mohiniyattam Performer Booked For Making Alleged Casteist Remarks Against Fellow Artist
6 months, 1 week ago

Kerala High Court Refuses Anticipatory Bail To Mohiniyattam Performer Booked For Making Alleged Casteist Remarks Against Fellow Artist

Live Law  

The Kerala High Court rejected the anticipatory bail application moved by Mohiniyattam Performer Kalamandalam Sathyabhama for making casteist remarks against fellow artist Dr. RLV Ramakrishnan. “The prosecution could prima facie establish that the appellant intentionally insulted the de facto complainant with intent to humiliate him in public view on account of his belonging to Scheduled Caste Community. Resultantly, the prayer …

Kerala High Court Digest 2023: Labour & Service Laws
11 months, 1 week ago

Kerala High Court Digest 2023: Labour & Service Laws

Live Law  

Pension Schemes Under KTWWF Act & Kerala Dairy Farmers' Welfare Fund Act Do Not Prohibit Membership Of Two Different Welfare Funds: Kerala High Court Case Title: Sadanandan K.S. Such control is exclusive in nature, comprehensive in extent and effective in operation.” Transfer Of Employee To Maintain Internal Harmony In Organization Not Punishment, Enquiry Not Required: Kerala High Court Case Title: …

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]
11 months, 3 weeks ago

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]

Live Law  

v. Eldho P. Mathew & Ors. Time To Stop Entertaining Writ Petitions Relating To Wakf Act, Parties Must First Approach Statutory Authorities: Kerala High Court Case Title: Hameedali K.P. Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court Case Title: Siji V State of Kerala Citation: 2023 LiveLaw 77 The Kerala High …

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC
1 year ago

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Live Law  

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. The Punjab & …

Kerala High Court Transfers Temporary Magistrate Facing Lawyers' Protest Over Direction To Arrest Advocate
1 year, 1 month ago

Kerala High Court Transfers Temporary Magistrate Facing Lawyers' Protest Over Direction To Arrest Advocate

Live Law  

The Judicial First Class Magistrate on temporary service, Tirur, Lenin Das, who was alleged to have verbally abused a junior lawyer and directed his arrest, has been transferred to Kannur to the post of Additional Munsiff. Bar associations had launched protests against the Magistrate following reports that the officer misbehaved with a young lawyer. The Magistrate was alleged to have …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 2 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 8 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

Kerala High Court Grants Interim Protection From Arrest To Twenty20 Party Leader Sabu Jacob And 5 Others In Case Filed By CPI(M) MLA
2 years ago

Kerala High Court Grants Interim Protection From Arrest To Twenty20 Party Leader Sabu Jacob And 5 Others In Case Filed By CPI(M) MLA

Live Law  

The Kerala High Court on Wednesday restrained the police from arresting Twenty20 party leader Sabu M Jacob and five other accused in a case registered under the Schedule Castes and Scheduled Tribes Act based on a complaint filed by Communist Party of India MLA P V Sreenijin.Justice Kauser Edappagath allowed the investigation to proceed but granted. The Kerala High Court …

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case
2 years, 2 months ago

BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case

Live Law  

Allowing the state government and victim's petitions challenging the sessions court order, the Kerala High Court on Thursday cancelled author and social activist Civic Chandran's anticipatory bail in a sexual harassment case. The Kerala State Government and the De Facto Complainant had approached the High Court challenging the anticipatory bail granted to Writer-Activist Civic Chandran, arguing that the order is …

PFI Strike: Kerala High Court Directs State Govt To File Report On Amount Quantified Towards Damage Of Property
2 years, 2 months ago

PFI Strike: Kerala High Court Directs State Govt To File Report On Amount Quantified Towards Damage Of Property

Live Law  

The Kerala High Court on Monday directed the State government to file a report on the amount of damages that has been quantified by it in connection with strike call given by Popular Front of India, and its General Secretary A. Abdul Satar on September 23. The court also sought details about the arrests made by the police and the …

Directions To Remove Illegal Banners & Flags Of Political Parties : Kerala High Court Expresses Dismay At Being Accused Of Having Agenda
2 years, 3 months ago

Directions To Remove Illegal Banners & Flags Of Political Parties : Kerala High Court Expresses Dismay At Being Accused Of Having Agenda

Live Law  

The Kerala High Court, on Friday, pulled up the Government for its failure to implement the directions for removal of illegal flags and banners erected along the highways in the State by various political parties. A bench of Justice Devan Ramachandran expressed his distress on the allegations that the High Court is aligning with certain political parties while passing orders.The …

Authorities "Afraid" To Act Against Illegal Flag-Masts Erected By Political Parties: Kerala High Court
2 years, 3 months ago

Authorities "Afraid" To Act Against Illegal Flag-Masts Erected By Political Parties: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated its previous observation regarding permanent flag-masts being illegal as per the provisions of the Land Conservancy Act, and expressed its hope that the Government would come out with a policy of removing old masts and inhibiting the erection of new ones in its place.Justice Devan Ramachandran observed that, "solely because they are put …

Kerala High Court Grants Anticipatory Bail To BJP General Secretary Of Lakshadweep Accused Of Holding National Flag With 'Saffron Down'
2 years, 4 months ago

Kerala High Court Grants Anticipatory Bail To BJP General Secretary Of Lakshadweep Accused Of Holding National Flag With 'Saffron Down'

Live Law  

The Kerala High Court on Friday granted anticipatory bail to the BJP State General Secretary of Lakshadweep accused of insulting the national flag by holding it with 'saffron down'.Mohammed Kasim HK has been booked under Section 2 of the Prevention of Insults to National Honours Act, 1971. The Kerala High Court on Friday granted anticipatory bail to the BJP State …

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader
2 years, 4 months ago

Supreme Court Issues Notice On Kerala Govt Plea To Restore UAPA Charges Against Alleged Maoist Leader

Live Law  

The Supreme Court on Friday issued notice in a petition preferred by the State of Kerala against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution. The High Court bench …

Ker HC seeks LDF govt stand on plea claiming arrest and detention for waving black flags is illegal
2 years, 4 months ago

Ker HC seeks LDF govt stand on plea claiming arrest and detention for waving black flags is illegal

India TV News  

Highlights Kerala HC sought the LDF government and state police on plea claiming arrest for waving black flags The plea The two transgenders were wearing black, police contended they were who were in the venue to protest The Kerala High Court has sought the response of the LDF government and the state police on a plea seeking a declaration that …

In-Flight Protest Against Chief Minister: Kerala High Court Grants Pre-Arrest Bail To 3rd Accused
2 years, 6 months ago

In-Flight Protest Against Chief Minister: Kerala High Court Grants Pre-Arrest Bail To 3rd Accused

Live Law  

The Kerala High Court on Thursday granted pre-arrest bail to a Youth Congress worker Sujith Narayanan who has been accused of conspiring to protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport.Justice Viju Abraham granted anticipatory bail to the petitioner observing that while the first two accused allegedly involved in the incident were arrested,. The Kerala …

Kerala High Court Quashes Proceedings Against K.P Sasikala, SJR Kumar In Sabarimala Violence Case
2 years, 6 months ago

Kerala High Court Quashes Proceedings Against K.P Sasikala, SJR Kumar In Sabarimala Violence Case

Live Law  

The Kerala High Court recently dropped all charges against Hindu Aikya Vedi leader K. P. Sasikala and General Convenor of Sabarimala Karma Samithi SJR Kumar for purportedly triggering a dawn-to-dusk hartal in the State to protest the entry of women into Sabarimala temple in 2018.The said hartal had resulted in large-scale vandalism against which a PIL was moved before this …

'Not Afraid Of Any Political Colour' : Kerala High Court After State Holds All-Party Meeting To Remove Illegal Flag Masts
2 years, 8 months ago

'Not Afraid Of Any Political Colour' : Kerala High Court After State Holds All-Party Meeting To Remove Illegal Flag Masts

Live Law  

The Kerala High Court on Tuesday said that it was not intimidated by any political party after the State finally took a stance on the erection of flag poles and The Kerala High Court on Tuesday said that it was not intimidated by any political party after the State finally took a stance on the erection of flag poles and …

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry
2 years, 9 months ago

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry

Live Law  

The Kerala High Court on Monday directed its Registrar to explain why a couple of writ petitions were not listed before a Bench on time despite all the defects being cured and recurring requests from the counsel for the petitioner. Jayasankaran Nambiar and Justice Mohammed Nias C.P sought a response from the Registry having found force in the submission of …

Kerala High Court Monthly Digest: February 2022 [Citations 50 - 103]
2 years, 9 months ago

Kerala High Court Monthly Digest: February 2022 [Citations 50 - 103]

Live Law  

Nominal Index Jiji C. Senan & Anr. v. Travancore Devaswom Board & Ors, 2022 LiveLaw 61 Jyothsana A v Kerala Public Service Commission & Ors, 2022 LiveLaw 62 State of Kerala v. Sunil N.S. Abraham v. Chengannur Municipality & Ors, 2022 LiveLaw 67 Madhyamam Broadcasting Limited v. Union of India, 2022 LiveLaw 68 Suo motu case, 2022 LiveLaw 69 Joel …

'There Can't Be Two Laws; One For The Powerful, Another For The Ordinary' : Kerala HC Pulls Up State Over Illegal Flag Posts By Political Parties
2 years, 10 months ago

'There Can't Be Two Laws; One For The Powerful, Another For The Ordinary' : Kerala HC Pulls Up State Over Illegal Flag Posts By Political Parties

Live Law  

The Kerala High Court on Monday lashed out at the State government for its incapability to prevent unauthorised flag masts being erected at different parts of the State by political parties, despite its specific and repeated orders against the same.Justice Devan Ramachandran reiterated that every flag post put up without the requisite permission is illegal and that influential people should. …

Kerala Police Notice To Senior Advocate B Raman Pillai Evokes Protest By Lawyers
2 years, 10 months ago

Kerala Police Notice To Senior Advocate B Raman Pillai Evokes Protest By Lawyers

Live Law  

The Executive Committee of the Kerala High Court Advocates' Association has decided to organise a protest meeting tomorrow at 1:10 PM against the notice issued by the Crime Branch to Senior Advocate B. Raman Pillai. This comes after the Crime Branch issued a notice under Section 160 CrPC to the senior advocate on February 14 notifying him to be prepared …

Municipality Act | Secretary Can Issue Notice, Take Action Upon Finding Illegal Construction Being Carried Out : Kerala High Court
2 years, 10 months ago

Municipality Act | Secretary Can Issue Notice, Take Action Upon Finding Illegal Construction Being Carried Out : Kerala High Court

Live Law  

The Kerala High Court on Monday held that the Secretary of a Municipality is empowered to issue notice and initiate suitable action if a building construction is found to be proceeding illegally within their jurisdiction. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so while dealing with a set of appeals filed under the …

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea
2 years, 11 months ago

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea

Live Law  

The Kerala High Court on Tuesday directed the State Police Chief to enquire into the allegations raised by actor Dileep that the media was flouting the trial court's order restricting the publication of matters related to the 2017 actor assault case till the conclusion of the trial.Justice Kauser Edappagath remarked that the allegations if found to be true, should be …

Kerala High Court Seeks State's Response To Plea Seeking Ban On Demonstrations, Festivals On Public Roads
3 years, 1 month ago

Kerala High Court Seeks State's Response To Plea Seeking Ban On Demonstrations, Festivals On Public Roads

Live Law  

The Kerala High Court on Monday directed the State to file a statement in response to a plea seeking political parties, religious and social organizations to refrain from conducting demonstrations, meetings, or festivals on public roads obstructing road traffic. Justice N Nagaresh also directed the petitioner to implead all temple and church committees as respondents in the matter since he …

Unauthorised Flag Posts In Public Spaces Erected By Political Bodies: Kerala High Court Seeks State Response
3 years, 2 months ago

Unauthorised Flag Posts In Public Spaces Erected By Political Bodies: Kerala High Court Seeks State Response

Live Law  

The Kerala High Court on Tuesday slammed the practice of political entities setting up flag posts in public spaces without obtaining the requisite permission from the concerned authorities. Justice Devan Ramachandran issued notice to the State and sought its response in the matter while remarking:"The one question that crosses the mind of this court is how an entity is allowed …

'Horrendously Shocking': Kerala High Court Comes Down Heavily On The Police For Inhuman Treatment Of Citizen
3 years, 2 months ago

'Horrendously Shocking': Kerala High Court Comes Down Heavily On The Police For Inhuman Treatment Of Citizen

Live Law  

The Kerala High Court on Monday came down heavily on the horrific acts on the part of two Kerala police officers who were accused of subjecting an ordinary citizen to unimaginable brutality.Justice Devan Ramachandran was outraged at the actions of two police officers who had allegedly handcuffed, chained and registered several cases against a man who had come to the …

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case
3 years, 2 months ago

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case

Live Law  

The Kerala High Court on Friday issued notice to the State on a petition challenging the Government Order directing to withdraw the suspension of certain officers in the Excise Department who were accused in a custodial death case.Justice PV Kunhikrishnan issued notice in a plea moved by wife of the deceased, Renjith Kumar; he died in Excise custody two years …

Kerala High Court Orders Police Protection For Municipal Chairperson After Alleged Abuse By Political Rivals
3 years, 3 months ago

Kerala High Court Orders Police Protection For Municipal Chairperson After Alleged Abuse By Political Rivals

Live Law  

The Kerala High Court on Thursday directed the police to protect the Chairperson of the Thrikkakara Municipality Ajitha Thankappan from any threat from any source.Justice Devan Ramachandran said an interim direction was required to be issued as the petitioner was the elected chairperson. The Kerala High Court on Thursday directed the police to protect the Chairperson of the Thrikkakara Municipality …

Plea In Supreme Court Against Kerala HC Judgment Quashing Govt. Scheme Allotting 80% Minority Scholarships To Muslims
3 years, 4 months ago

Plea In Supreme Court Against Kerala HC Judgment Quashing Govt. Scheme Allotting 80% Minority Scholarships To Muslims

Live Law  

The Minority Indians Planning and Vigilance Commission Trust has moved the Supreme Court against the decision of the Kerala High Court quashing Orders of the Kerala Government announcing scholarships to Muslim students and Latin Catholic/Converted Christians in the ratio 80:20.The High Court had allowed the PIL filed by the respondent herein, consequently quashing three Government Orders by. The Minority Indians …

Case Against Siddique Kappan & 3 others Transferred To Addl. District & Sessions Judge On UP Police's Application
3 years, 11 months ago

Case Against Siddique Kappan & 3 others Transferred To Addl. District & Sessions Judge On UP Police's Application

Live Law  

In an order passed on Tuesday, the Mathura District and Sessions Judge has directed to transfer the case of Kerala journalist Siddique Kappan and 3 alleged PFI activists who were held on their way to Hathras, to the court of Additional District and Session Judge from the Court of Chief Judicial Magistrate.This order has been passed by District and Sessions …

Arrest of Kerala Journalist, 3 Others: Case Transferred to Additional District and Sessions Judge
3 years, 11 months ago

Arrest of Kerala Journalist, 3 Others: Case Transferred to Additional District and Sessions Judge

News 18  

The Additional District and Sessions Judge-I of Mathura will now hear the case involving Kerala journalist Siddique Kappan and three others, with a court here holding that the Chief Judicial Magistrate was not competent to hear the matter and order remand of the accused. to the court of the Additional District and Sessions Judge-I immediately,” according to an order passed …

Cabinet Decided To Recommend Governor To Withdraw Ordinance On 118A of Kerala Police Act: Govt. Informs Kerala High Court
4 years ago

Cabinet Decided To Recommend Governor To Withdraw Ordinance On 118A of Kerala Police Act: Govt. Informs Kerala High Court

Live Law  

The Kerala High Court on Wednesday recorded the submission made by the Additional Advocate General of Kerala that the Cabinet has decided to withdraw the controversial Amendment to Kerala Police Act introducing Section 118A of the Act.Recording this submission, the bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly adjourned the petitions. The Kerala High Court on Wednesday …

[Breaking] No Adverse Action Or Registration Of FIR Based On Section 118A; Ordinance Being Reconsidered : Kerala High Court Records Govt Submission
4 years ago

[Breaking] No Adverse Action Or Registration Of FIR Based On Section 118A; Ordinance Being Reconsidered : Kerala High Court Records Govt Submission

Live Law  

The Kerala High Court on Tuesday recorded the submission made by the Additional Advocate General of Kerala that there will be no adverse action, registration of FIR or suo moto cognizance based on the newly introduced controversial provision Section 118A of the Kerala Police Act.A bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly also recorded the submission …

Kerala HC Quashes Criminal Proceedings Against Man Who Shared Political Posts In Facebook [Read Order]
4 years, 4 months ago

Kerala HC Quashes Criminal Proceedings Against Man Who Shared Political Posts In Facebook [Read Order]

Live Law  

The Kerala High Court has quashed criminal proceedings against a man accused of sharing a few political posts in Facebook against the LDF candidates.The prosecution case against Monish was that during the period from April 12 to April 16 of 2019, he shared a few Facebook posts against the LDF candidates in the State with the intention of provoking rioting …

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