Will Remove Former HC Judge From Array Of Accused In CSR Scam Case: Kerala Police To High Court

The Kerala High Court today closed the PIL filed by lawyers challenging the registration of FIR against former Kerala High Court judge Justice C N Ramachandran Nair in the CSR funds scam case, on recording the written statement filed by Director General of Prosecutions that he would be removed from the array of the accused.The Division Bench of Justice A. Muhammad Mustaque and Justice P....

POCSO Act | Physical Contact Of Penis With Female Genital Constitutes 'Penetrative Sexual Assault', Vaginal Insertion Not Necessary: Kerala HC

The Kerala High Court has held that penetration of male genital organ within the labia majora or vulva without penetrating the vagina will constitute the offence of penetrative sexual assault under Section 3 of POCSO Act.“… penetration of the male genital organ within the labia majora or the vulva, with or without any emission of semen or even an attempt at penetration into the private...

Kerala High Court Grants Extraordinary Family Pension To Kin Of CRPF Personnel Who Died On Duty, Denied On Allegation Of Being Inebriated

The Kerala High Court recently granted extraordinary family pension to the wife of a deceased CRPF personnel who died during the course of his duty due to drowning in a tank of water while employed as Constable General duty in the 85th Battalion (Bn) deployed in Chhattisgarh. In doing so the court held that when the Court of Inquiry (CIF) conducted by the CRPF did not indicate that the...

Kerala High Court Allows Institution Of Fresh Suit Over Litigant's Claim That Proper Relief Could Not Be Sought Due To Wrong Legal Advice

The Kerala High Court recently allowed a petitioner to withdraw a suit which was at the appellate stage upon seeing that proper reliefs were not incorporated in the original suit.The petitioner had filed a suit seeking a declaration of easement right of prescription over a property and for consequential injunction against the defendants. The trial court dismissed the suit saying that she...

Kerala High Court Grants Anticipatory Bail To Lawyer And Congress Leader Laly Vincent In CSR Scam Case

The Kerala High Court has allowed the anticipatory bail plea of Congress leader and lawyer Laly Vincent who is arrayed as an accused in the CSR scam case.Ananthu Krishnan is the prime accused in the scam, who transferred ₹47,74,500 to Vincent's bank account over a period of four years. Seeking bail, Vincent claimed that the amount was paid in exchange for her giving legal advice...

Kerala High Court Weekly Round-Up: February 17 - 23, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 112 – 130 ]Sajeevan Swamy v Johnson and Others, 2025 LiveLaw (Ker) 112Hareesh M. S. v The Kerala State Financial Enterprises Ltd. and Others, 2025 LiveLaw (Ker) 113Mrs Shinu K R v State of Kerala & Connected Case, 2025 LiveLaw (Ker) 114The Kerala Film Exhibitors Federation v. State of Kerala, 2025 LiveLaw (Ker) 115Sadanandan v State of...

Mental Health Act Bars Punishing Persons For Offences Committed While Attempting Suicide : Kerala High Court

The Kerala High Court ruled that convicting and sentencing a person under the provisions of the Indian Penal Code for other offences is illogical when they have attempted to commit suicide in the course of same transaction. The Court held that, under Section 115 of the Mental Healthcare Act, 2017, such prosecution is barred unless the prosecution proves that the individual was not under...

Police Can Freeze Bank Accounts U/S 102 CrPC For Crimes Under Prevention Of Corruption Act: Kerala High Court

Kerala High Court has held that freezing of a person's bank accounts under Section 102 of Code of Criminal Procedure while investigating his involvement in offences under Prevention of Corruption Act (PC Act) is valid. Justice C. Jayachandran rejected the petitioner-accused's argument that the freezing should have been done only through the Criminal Law Amendment Ordinance, 1944.Advocate John...

Wayanad Landslides: KSDMA Details Plan To Remove Debris From Rivers Before Start Of Monsoon

The Member Secretary of the Kerala State Disaster Management Authority (KSDMA) submitted before the High Court on Friday (21st February) that steps were being taken to remove debris left in the rivers in the aftermath of landslide before monsoon.The Division Bench of the Court comprising of Justice A. K. Jayasankaran Nambiar and Justice Easwaran S. was hearing the suo motu case initiated by...

Article 226 Can't Be Invoked Against An SCN Issued U/S 74 Of CGST Act At Preliminary Stage: Kerala High Court

The Kerala High Court stated that Article 226 cannot be invoked against a show cause notice issued under Section 74 of the CGST Act at preliminary stage. “Article 226 of the Constitution of India is not meant to be used to break the resistance of the Revenue in this fashion. In exercise of such jurisdiction, the High Court is required to refrain from issuing directions...

Lack Of Mandatory Jail Sentence For Hate Speech Crimes Serious Matter : Kerala High Court Flags Issue To Parliament & Law Commission

While denying anticipatory bail to BJP leader PC George in a case for making remarks against the Muslim community, the Kerala High Court expressed concerns about the rising frequency of statements based on caste and religion."Nowadays, there is a tendency to make statements based on religion, caste etc. These are against the basic structure of our Constitution. These tendencies should be...

Kerala High Court Denies Anticipatory Bail To BJP Leader P C George In Hate Speech Case

The Kerala High Court today dismissed the anticipatory bail application filed by BJP leader PC George, booked for allegedly making hate speech against the Muslim community during a channel debate.Justice P V Kunhikrishnan dismissed the bail application. The allegation against PC George was that he made remarks against the Muslim community, stating that they are terrorist and communalists. It...