Don't Hesitate To Quash False Cases: Kerala HC Cautions Agencies, Courts Against Misuse Of SC/ST Act By Litigants With 'Evil Thoughts'

The Kerala High Court observed that when complaints with the police do not yield desired results, or when there are failed litigations or pending litigations between the parties, the raising of allegations under the SC/ST (POA) Act gives a strong indication that such allegations may be false.The Court however also observed that the intent behind enacting the SC/ST (POA) Act is to protect...

Scooter Scam: Kerala HC Directs Police To Send Notice To Congress Activist Sheeba Suresh If Arraigned As Accused

The Kerala High Court on Tuesday (18th February) ordered that the concerned officer shall send a notice to former Kumily Panchayat President and Congress activist Sheeba Suresh if she is implicated in the scooter scam case registered in Kumily Polce Station. The case is now registered only against Ananthu Krishnan for allegedly cheating a number of persons in the State by collecting money...

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC

The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition.The Court further stated that reliefs to be claimed under Sections 18 to 22 of the DV Act can also be granted by the...

Kerala High Court Closes Bail Plea By Rahul Easwar In Criminal Case Filed By Actress Upon Being Told Offences Were Bailable

The Kerala High Court on Tuesday (18th February) closed a bail petition moved by Rahul Easwar on being informed by the Public Prosecutor that the offences alleged against him were bailable. Justice P. V. Kunhikrishnan has directed Rahul Easwar to appear before the police station as per the notice served to him by the police.Rahul Easwar is booked under Section 79 of BNS (Word, gesture or...

"Tarnishes Image Of Institution": Kerala High Court Expresses Concern Over FIR Against Former HC Judge CN Ramachandran Nair In CSR Scam Case

The Kerala High Court has expressed its concerns against the registration of an FIR against former Kerala High Court Justice C N Ramachandran Nair as an accused in the CSR funds scam case.The Court expressed its concerns in a public interest litigation filed by advocates from the High Court for quashing the FIR to the extent that it identifies the retired judge as an accused. The PIL has...

Political Parties Must 'Finish' Opponents On Electoral Battlefield, Norm Of Attacking Rivals Must Be Strictly Dealt With: Kerala High Court

The Kerala High Court has increased the fine amount from rupees 25,000 to 50,000 for eight CPI(M) leaders and workers who attacked C.Sadanandan Master, which led to the amputation of his legs. The attack took place due to the political rivalry between CPI (M) and RSS workers, since Sadanandan Master, a former SFI member in college, joined the RSS and became the district Upa Karyavahak of the...

Appointment As Govt Pleader Or Public Prosecutor Not A 'Right', No Reservation Provided For Persons With Benchmark Disabilities Under RPwD Act: Kerala HC

The Kerala High Court has ruled that reservation to persons with benchmark disabilities under Section 34 of the Rights of Persons with Disabilities Act, 2016 cannot be extended while appointing government pleaders and public prosecutors, as they do not have a specific cadre strength, and therefore, no vacancies within a cadre where such reservations can be applied.Section 34 of the Rights...

Cess Levied On Cinema Tickets U/S 3C Of Kerala Local Authorities Entertainment Tax Act Is Constitutionally Valid: Kerala High Court

The Kerala High Court has stated that cess levied on cinema tickets under Section 3C Of Kerala Local Authorities Entertainment Tax Act is constitutionally Valid. “Cess can also mean a tax levied for a special purpose or as an increment to the existing tax and, in given circumstances, a fee. In the case at hand, entertainment tax is already levied under the Act of 1961 and the...

Hate Speech Case: Kerala HC Expresses Disinclination To Grant Anticipatory Bail To Former MLA PC George, Notes Repeated Flouting Of Orders

The Kerala High Court has expressed its disinclination to grant anticipatory bail to former MLA PC George, booked for allegedly making hate speech against the Muslim community during a channel debate.Justice P V Kunhikrishnan remarked that PC George has been repeatedly flouting the orders of the Magistrate Court as well as that of the High Court. The High Court had previously granted him bail...

ICC Cannot Proceed With A Complaint Under POSH Act If It Does Not Contain Allegation Of Sexual Harassment: Kerala High Court

The Kerala High Court held that an Internal Complaints Committee cannot proceed with a compliant if the allegations made in it does not constitute 'sexual harassment' under Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Justice D. K. Singh said that in such cases, the jurisdictional fact for taking cognizance does...

Kerala High Court Weekly Round-Up: February 10- February 16, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 92- 111]Divya K S v State of Kerala, 2025 LiveLaw (Ker) 92State of Kerala v Dr Jyothish Kumar V& Connected Cases, 2025 LiveLaw (Ker) 93T.M.Leela and another V. P.K.Vasu , 2025 LiveLaw (Ker) 94Dr.S.Ganapathy V Union Of India, 2025 LiveLaw (Ker) 95Sunil Kumar H. and Others v State of Kerala and Another & connected cases, 2025 LiveLaw...

In Ex-Parte Proceedings, Court Is Not Expected To Blindly Pass Orders In Favour Of The Party Which Is Present: Kerala High Court

The Kerala High Court has held that in ex-parte proceedings, a Court can pass an order in favour of the party present only if they can successfully establish their rights or the liability of the opposite party. The Division Bench comprising of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar added that the court is not expected to blindly pass an order in favour of the...