Kerala High Court
Kerala High Court Orders Enhanced Compensation For Lands Acquired For Construction Of Brahmapuram Waste Treatment Plant Phase II
The Kerala High Court has enhanced the compensation amount for land acquired by the state government for the construction of Brahmapuram Solid Waste and Treatment Plant Phase II.The Division Bench of Justice Amit Rawal and Justice Easwaran S has fixed a uniform rate of rupees 10 lakhs per are as enhanced compensation. “..the award of the Reference Court is hereby modified and the compensation is enhanced in respect of entire land consisting of different categories by applying uniform rate of...
Husband Pledging Wife's Gold Without Her Consent Is Criminal Breach Of Trust U/S 406 Of IPC: Kerala High Court
The Kerala High Court has refused to intervene in the conviction of a husband who was found guilty of criminal breach of trust under Section 406 of Indian Penal Code (IPC) for pledging his wife's gold, without her consent. Single bench of Justice A. Badharudeen held that all the elements of the offence are made out. It observed,"In the instant case the prosecution case is that the mother of PW1 gifted 50 sovereigns of gold ornaments to PW1 and the same was entrusted by PW1 to the accused for...
Instead Of Denying Police Clearance Certificate, Details Of Offences Involving Job Seeker Can Be Given To Employer: Kerala High Court
The Kerala High Court has held that instead of rejecting an application for police clearance certificate, the police can issue a certificate detailing the crime in which the applicant is involved.Justice A. Badharudeen noted that in many cases, for employment and assignment, the concerned employer or authority asks for a Non – Involvement in Offences Certificate (Police Clearance Certificate). In such situations, if the person was involved in any crime, the police can issue a certificate...
Mental Health Act 2017 Is A Beneficial Legislation, Can Be Applied Retrospectively To Extend Benefits To All: Kerala High Court
The Kerala High Court has observed that the Mental Health Act, 2017, which came into effect from July 07, 2018, is beneficial legislation and can be applied retrospectively.In the facts of the case, the petitioner is the wife of a former MLA, has invoked the writ jurisdiction of the High Court to quash final report alleging that she attempted to commit suicide in 2016, an offence punishable under Section 309 of the IPC. Justice C S Sudha held that the Mental Health Act, 2017 being a beneficial...
'Stone' Would Come Within Purview Of Weapon Likely To Cause Death Depending On Nature, Size Or Sharpness And Manner Of Use: Kerala High Court
The Kerala High Court ruled that stone would also come within the purview of weapon of offence likely to cause death to attract an offence under Section 324 of the IPC depending upon its nature, size, sharpness and the manner in which it was used for causing injury.Section 324 of the Indian Penal Code provides for punishment for voluntarily causing hurt by any instrument for shooting, stabbing...
POCSO Accused Can Get Unredacted Prosecution Records, Balance To Be Struck Between Their 'Right To Defend' And Minor's Privacy: Kerala HC
The Kerala High Court has recently observed that an accused in a POCSO case is entitled to get unmasked copies of the prosecution records to effectively defend his case, while emphasizing that in such matters a balance has to be struck by courts between the "privacy of the victims" and the accused's right to defend themselves. A single judge bench of Justice A. Badharudeen in its order...
Life Convict Subsequently Sentenced To Life Or Fixed Term Shall Serve Sentences Concurrently, Separate Declaration Not Required: Kerala HC
The Kerala High Court held that when an individual is convicted to life imprisonment, any subsequent sentences imposed in other cases, whether for life or a fixed term, will be served concurrently and not consecutively, even if the Court does not explicitly state this.The Court was hearing a petition relating to Section 427 CrPC which deals with situations under which sentences should be...
School Insisting On Students To Wear Uniform Is Not 'Cruelty Against Child' U/S 75 Juvenile Justice Act: Kerala High Court
The Kerala High Court has held that the School Principal compelling students to wear uniform while in school is not an offence of cruelty to child under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.Justice A. Badharudeen said that such insistence is to maintain the discipline of school and cannot be held as an act which would cause unnecessary mental or physical...
Kerala High Court Weekly Round-Up: October 14- 20, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 634-652]Romi K J @Romy v State of Kerala, 2024 LiveLaw (Ker) 634K.T. Saidalavi v. The State Tax Officer, 2024 LiveLaw (Ker) 635Transformers And Electricals Kerala Ltd. v. The Commissioner Of Central Tax And Central Excise Central Revenue Building, 2024 LiveLaw (Ker) 636Fisal Khan v State of Kerala, 2024 LiveLaw (Ker) 637State of Kerala v Ismail...
[S.413 BNSS] Person Cannot Be Treated As Victim To Prefer An Appeal When Damage Or Loss Suffered Is Not Direct Consequence Of Crime: Kerala High Court
The Kerala High Court stated that a victim under the proviso to Section 413 of BNSS is a person who suffered damages or loss as a direct consequence of the crime.Section 413 of BNSS corresponds to Section 372 of CrPC, where the proviso laid down the right of a victim to appeal against an order of acquittal, or an order convicting the accused for a lesser offence, or imposing...
Ingredients Of Copyright Infringement Not Made Out: Kerala High Court Sets Aside Conviction Of Man Allegedly Selling Fake Cassettes On Footpath
The Kerala High Court, noting that the prosecution could not establish the ingredients of copyright infringement under Section 51(a) of the Copyright Act, set aside the conviction of a man for allegedly selling fake audio cassettes on the footpath in Kannur.The police had seized 38 cassettes from the revision petitioner. He was convicted under Sections 51(a) and 52A r/w 63 of the Copyright Act...
Kerala High Court Closes Suo Motu Contempt Proceedings Against High Court Bar Association President
The Kerala High Court has closed the contempt proceedings initiated suo motu against the High Court Bar Association President Advocate Yeshwanth Shenoy, observing that correct procedure has not been followed in initiating the contempt procedure.The contempt proceedings were initiated after now-retired Justice Mary Joseph sent a letter to the Chief Justice disapproving of Shenoy's conduct in...