ADM Naveen Babu's Wife Moves Appeal Before Kerala High Court Seeking CBI Probe Into Husband's Death

Deceased ADM Naveen Babu's wife has moved a writ appeal before the Kerala High Court challenging the refusal for ordering a CBI probe into the death of her husband.PP Divya, a member of Communist Party of India (Marxist) which has currently formed government in Kerala is accused of abetting Babu's suicide by humiliating him in public, during his farewell function. ADM Naveen Babu was...

Wife Holding Temporary Job Not Ground To Deny Maintenance, Entitled To Same Standard Of Living As During Marriage: Kerala High Court

The Kerala High Court has held that even if the wife holds a temporary job and earns some income, it does not disentitle her from claiming maintenance from her husband, provided she claims that her income is insufficient for her maintenance.Considering the facts of the case, Justice Kauser Edappagath noted that the wife who has a temporary job and is living in a rented house with a...

Person Guilty Of Offence Involving Moral Turpitude Can't Be Denied Passport If He Was Convicted More Than 5 Yrs Ago: Kerala High Court

The Kerala High Court has held that as per Section 6 (2)(e) of the Passports Act of 1967, passport authority cannot refuse passport to a person held guilty of offence involving moral turpitude, if he has not been convicted within five years preceding the date of filing the passport application.In the facts of the case, the petitioner was convicted on December 31, 2015 for three...

Organ Transplantation Plea Cannot Be Rejected Due To Perception Of Existence Of Large-Scale Commercial Transactions: Kerala HC

The Kerala High Court held that a person's request for kidney transplantation cannot be rejected in a routine and pedantic manner since it directly affects their right to life and health.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu stated that the Authorisation Committee while rejecting application for kidney transplantation must consider each application on its merits...

Money In Bank Account Is 'Property', Liable For Provisional Attachment U/S 281B Of Income Tax Act: Kerala High Court

The Kerala High Court held that cash in bank account is a 'property' liable for provisional attachment under section 281B of the Income Tax Act. The Division Bench of Justices Sathish Ninan and Shoba Annamma Eapen observed that “mere fact that Bank account is not explicitly provided under Section 281B of the Income Tax Act, unlike the GST Act, 2017 which specifically mentions the...

MS Solutions Question Paper Leak Case: Kerala High Court Calls For YouTube Video, Allegedly Leaked Question Paper

The Kerala High Court on Tuesday (28th January) while considering the bail petition of Shuhaib, who is accused of leaking the Kerala State Exam Question paper of 10th standard through his YouTube channel M S Solutions asked the parties to produce the video in which he is allegedly leaking the question paper and the question paper.Shuhaib had submitted in his petition that he predicted...

Non-Bailable Warrant Can't Be Issued Against A Man In Maintenance Proceedings Under Section 125(3) CrPC: Amicus Tells Kerala HC

In case concerning issuance of non-bailable warrant for non-payment of maintenance decreed under CrPC, Amicus Curiae Advocate Paravathi Menon A appointed in the matter told the Kerala High Court on Monday (January 27) that there is no provision for issuing non-bailable warrant for enforcement of a maintenance order under Section 125(3) of Cr.P.C.Section 125 CrPC (Section 144 BNSS) pertains...

Two Weeks Prior Notice To Be Given Before Taking Coercive Steps Against Rahul Easwar If Case Is Registered On Compliant Filed By Actress: Kerala HC

The Kerala High Court stated that a two-week prior notice must be given before taking any coercive steps against Rahul Easwar if any case alleging non-bailable offences is registered against him by the Malayalam film actress.Rahul Easwar had allegedly made adverse comments about the actress's dressing style while discussing the Boby Chemmanur case in news channel debates. Boby Chemmanur...

Kerala High Court Expedites Trial In SFI Worker Abhimanyu's Murder Case, Directs Completion Of Trial Within Nine Months

The Kerala High Court has directed the Sessions Court to complete trial into the murder of Abhimanyu, a SFI leader who was stabbed to death in 2018 during a campus political rivalry at Maharajas College in Ernakulam.The direction comes in the plea moved by deceased's mother, stating that the case was pending for six years and there was no progress.Justice Kauser Edappagath ordered thus,...

False Implication In NDPS Cases Has Severe Consequences, Ruins Life: Kerala HC Urges Union To Address Inadequacy Of Sentence For False Accusations

The Kerala High Court has directed the Union Government to consider the inadequacy of sentence imposed on a person under Section 58 of the NDPS Act who falsely implicate innocent persons in NDPS cases. The Court stated that false implication in NDPS cases has severe consequences and can ruin someone's life.The petitioner has approached the High Court seeking bail for providing false...

Kerala High Court Calls For State's Explanation On Circular Allegedly Exempting Public Buses From Following Road Safety Standards

The Kerala High Court has sought instructions from the state government regarding a circular dated December 28, 2024, which allegedly exempts KSRTC buses from adhering to road safety standards.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S. orally said, “We need the circumstances under which the government order was issued.”The Court has sought instructions...

Kerala High Court Weekly Round-Up: January 20 - January 26, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 38 – 54 ]Leena V. A. v The State of Kerala and Others, 2025 LiveLaw (Ker) 38Abhijit George v Assistant Sub Inspector of Police, 2025 LiveLaw (Ker) 39The New India Insurance Co. Ltd. v Fr. Mathew Paikada, 2025 LiveLaw (Ker) 40M/S.Bhageeratha Engineering Ltd. V. State Of Kerala, 2025 LiveLaw (Ker) 41Ammini v State of Kerala , 2025 LiveLaw (Ker)...