Jino Mathews Raju

Kerala High Court: DDMA Can Take Over Unoccupied Residential Buildings Due to the Pandemic

The Kerala H.C. dismissed the petitions filed before it against the action of the District Disaster Management Authority of taking-over of private residential buildings without issuing notice to all owners. Brief Facts of the Case  Two writ petitions filed in the...

Kerala High Court Issues Conditional Bail in Demolition of Church Replica Case

The Kerala H.C. ruled that S.153A of I.P.C. cannot be attracted where there is a mere incitement of one community, without reference to any other community or group. Brief facts of the Case  A bail application was filed by accused Nos....

Kerala High Court: Candidate Should Be a Practising Lawyer as on the Date of Appointment in the Higher Judicial Service

The Kerala High Court set aside the appointment of a judicial officer as District & Sessions judge. The notification was calling applications for direct recruitment to the Higher Judicial Services. A single-judge bench delivered the judgement of Justice PV...

Kerala High Court on Grant of Concurrent Sentence for the Subsequent Offence

The Kerala HC stated that the benefit under S.427 Cr.P.C. could be claimed only before the court hearing the later offence. This was in the case of Mushthafa S/O.Muhammed, Naduthodi House, Manjeri Amsom Desom, Chandakunnu, Malappuram. V. State Of...

Kerala High Court: Filing of Final Report Against One Accused Not Bar to Continue Investigation Against Other

The Kerala H.C. ruled that the Police can file a Final Report against one accused and continue the investigation against others. The order said that the Police could not wait till the absconding accused is arrested. Facts of the Case In...

Kerala High Court: Human Rights Commission Cannot Decide Disputes Arising Out Of Statutory Powers And Duties

The Kerala High Court observed that the HRC cannot decide disputes arising out of exercising rights. This observation occurred in a writ petition challenging an order passed by the Kerala State HRC dated 25.04.2012. Facts of the case The Kerala State...

Kerala HC: Accused to Be Produced Using Electronic Video Linkage Facilities After Magistrates’ Tested Positive for COVID-19

Numerous reports had been released on the quarantining of Magistrates and Police Officers after interacting with COVID-19 positive prisoners. This prompted the Kerala High Court on 25.05.2020 to issue an official memorandum mentioning these concerns. It recommended the usage...

Kerala HC Issues Directions to Alappuzha MC Hospital to Review Non-COVID 19 Patient’s Case

Brief facts Mr Radhakrishnan R, aged 58, filed a writ petition in the Kerala High Court. The Alappuzha Medical College hospital had closed its Cardiac OP wing following the COVID-19 pandemic. The petitioner is a cardiac patient and has claimed...

Kerala High Court Issues an Official Memorandum Listing down Guidelines to be followed by Subordinate Courts Post Lockdown

The High Court of Kerala has issued a new set of Advisories to Subordinate Courts via an Official Memorandum. It lays down guidelines for the Subordinate Courts to follow post lockdown. General Guidelines The Presiding Officer is to ensure that...

Kerala HC allows entry of Stranded Persons at Border and directs the State to issue necessary Passes as a One-time Measure

A special sitting of the Kerala HC on 10/05/2020 heard a writ petition filed by Advocate Harish Vasudevan seeking immediate State action for facilitating the entry of the persons stranded at the Walayar check-post since 09/05/2020. Petitioner’s Arguments It was argued...

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Call For Papers: Law & Political Review (Annual Journal), Google Scholar Indexed, Submission Open

This post is a Call For Papers post for Law & Political Review which is an Annual Journal by...
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Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

An Illummination of the Home Ministry’s Commission for Revision of Penal Laws

The Indian Penal Code was enacted in 1860. It was formed after the draft was created by the first law commission in 1837. Thomas Babington...