Kerala HC Asks State About Testing Technology Used In Regional Cancer Centre Where Patient Contracted HIV After Blood Transfusions

The Kerala High Court asked the state government to submit an affidavit about the machines that is now being used in the Regional Cancer Centre for blood test after an incident where a patient got HIV from blood transfusions were brought to the notice of the Court.The petitioner lost his daughter after she got infected with HIV. His daughter was suspected of having leukemia. She got 49...

Kerala High Court Allows PP Divya To Access Documents Filed In Plea For CBI Probe Into ADM Naveen Babu's Death

The Kerala High Court on Tuesday directed the Registry to provide copy of writ petition, exhibits and other documents filed by Manjusha, wife of deceased ADM Naveen Babu to PP Divya, who is allegedly accused of abetting his suicide.The single bench of Justice Kauser Edappagath passed the above order in an application filed by Divya in the writ petition filed by Manjusha seeking CBI probe...

Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court

The Kerala High Court has made it clear that only those subsequent events that completely negate the landlord's needs could be considered as decisive for overturning an already passed eviction order.The Court stated that generally rights and obligations of the parties are assessed based on the circumstances at the time the legal proceedings began but, there are exceptions to this general rule....

Shahabas Murder Case: Kerala High Court Seeks Govt's Response On Father's Plea To Prevent Accused Children From Writing Class 10 Exam

The Kerala High Court on Monday (10th March) gave further time to the State government to file its response to the petition filed by father of Shahabas, a class 10 student who was allegedly attacked by his tuition fellows in Kozhikkode, leading to his death.Shahabas' father Muhammed Iqbal seeks to prevent the accused children from writing the 10th SSLC examination, scheduled between March 03...

Magistrate Can Cancel Bail Granted By High Court For Violating Conditions When Specifically Authorised To Do So: Kerala High Court

The Kerala High Court has held that a Magistrate can cancel bail given by High Court for violating bail conditions, when the former is specifically authorized to do so.In the instant case, the petitioners were given bail by the High Court which was subsequently cancelled by the Magistrate Court for violating the bail conditions. The petitioners challenged the order of the Magistrate on the...

Lawyer Has No Right To Record Proceedings: Kerala HC Mulls Contempt Action Against Adv Nedumpura For Circulating Court Clippings On WhatsApp

The Kerala High Court has held that lawyers being permitted to enter the Court proceedings through video conferencing does not mean that they can record and circulate court proceedings.Stating thus, Justice P. Gopinath took exception to Advocate Mathews Nedumpura's conduct in recording and circulating court proceedings through WhatsApp. The bench observed that such action prima facie...

CSR Funds Scam: NGOs Approach Kerala High Court Seeking Investigation, Action Under Banning Of Unregulated Deposit Schemes Act

Seven NGO's from across the State have approached the Kerala High Court seeking direction to the Chief Secretary to investigate and take action against the National NGO's Confederation and others responsible for the CSR funds scam under the Banning of Unregulated Deposit Schemes Act 2019 (BUDS Act).The matter came up before Justice Kauser Edappagath today and it is posted to March 27 for...

Kerala High Court Asks Police To File Statement Regarding Investigation Into Kasargod Teen's Death, Says Case Diary Shows Action Was Taken

The Kerala High Court on Tuesday (11th March) directed the Police to file a statement regarding investigation into the disappearance and death of the 15-year old girl child from Kasargod.While dealing with her mother's plea accusing the Police of inaction in the matter, a Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha also orally remarked,“We cannot find from the...

If Alleged Acts Constitute An Offence, Denying Criminal Action Solely Due To Pursuit Of Civil Remedy Would Be 'Travesty Of Justice': Kerala HC

The Kerala High Court has held that it would be travesty of justice to deny parties from approaching criminal courts to initiate proceedings against offenders solely because they had pursued a civil remedy by filing a suit, particularly when the alleged acts also constitute specific criminal offences.The single bench of Justice G. Girish observed that care must be taken to prevent...

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court

The Kerala High Court refused to accept the argument that the CBI is divested of investigative powers when it is revealed during investigation that no offences under the Prevention of Corruption Act (PC Act) were made out.Justice K. Babu observed that while the FIR should allege offences under the PC Act for the CBI to start an investigation under Section 17 of the Act, it does not stop them...

Income Tax Act | Principal Commissioner Has Authority To Cancel Registration Of Assessee Without Waiting For Decision From Assessing Authority: Kerala HC

The Kerala High Court stated that principal commissioner has authority to cancel registration of assessee without waiting for decision from assessing authority. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “the provisions of Section 12AA independently empower the Principal Commissioner to consider whether or not the circumstances mentioned...

Income Tax | Whether There Was Proper Notice Or Not Is Disputed Question Of Fact, Can't Be Challenged Under Article 226: Kerala High Court

The Kerala High Court stated that the issue as to whether there was a proper notice or not is a disputed question of fact and cannot be challenged under Article 226 of the Constitution of India. “…….As rightly observed by the learned Single Judge, the question as to whether there was a proper notice or not is certainly a disputed question of fact, which cannot be gone into in...