Kerala High Court
What Is The Difference Between 'Non-Service Of Notice' & 'Lack Of Knowledge Of Service Of Notice'? Kerala High Court Explains
The Kerala High Court has explained the difference between 'non-service of notice' and 'not noticing or lack of knowledge of service of notice'. “Lack of knowledge of service of notice can amount to a violation of principles of natural justice only in certain limited circumstances. When lack of knowledge is attributable to the default of the sender of the notice, then 'not...
Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court
In a significant ruling, the Kerala High Court held that a prima facie opinion at the bail application stage would not impact the investigation and trial. It further observed that the trial court cannot reject legal contentions of the accused merely on the ground that they amount to a prima facie finding, as such determination is only relevant at the bail application...
Kerala High Court Stays Central Prison's Restriction That Jail Inmates Can Call Only BSNL Numbers
A Writ Petition has been filed in the Kerala High Court challenging a recent notice issued by the Superintendent of Viyyur Central Prison and Correctional Home which says that the 3 phone numbers which a prison inmate has registered for external contact should be BSNL numbers. A prison inmate is allowed to have external contact by phone with 3 registered numbers. By this notice, a restriction...
Police Can Fearlessly Take Action Against Women Implicating Innocent Men In False Sexual Assault Cases: Kerala High Court
The Kerala High Court while granting bail to a man accused of committing sexual harassment remarked that nowadays, there is a tendency to make serious allegations of sexual assault against innocent people. The Court said that merely because the complainant is a lady, there is no presumption that her version is the gospel truth.Justice P. V. Kunhikrishnan declared that a criminal...
Selling Train Tickets Booked From IRCTC Platform For Commercial Gain Punishable Under S.143 Railways Act: Kerala High Court
The Kerala High Court has laid down that procuring and selling train tickets booked using IRCTC (Indian Railway Catering and Tourism Corporation Ltd.) website for commercial uses violates the terms and conditions specified on the IRCTC website.Here, a petitioner lady had approached the Court for quashing proceedings against her for allegedly booking and selling online tickets...
Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court
The Kerala High Court has reiterated that the offence of 'rape on the false promise of marriage' would not stand when the complainant lady was already married and continuing in that marriage at the time. Justice A. Badharudeen observed that in that case the promise of marriage itself is an impossibility. The Court said that for this offence, it has to be shown prima facie that the consent...
State Has Taken Substantial Steps On Issue Of Desiltation Of Dams, Reservoirs To Restore Storage Capacity For Flood Mitigation: Kerala HC Closes PIL
The Kerala High Court recently observed that the State Government has implemented various measures like formulating a Standard Operating Procedure (SOP) and establishing Technical and Empowered Committees to facilitate desiltation of dams and reservoirs in the State for restoring storage capacity and flood mitigation.Desiltation is the removal of silt and sediments from dams and reservoirs...
Civil Contempt Jurisdiction Intended To Ensure Compliance With Orders, Not To Modify Earlier Orders: Kerala High Court
The Kerala High Court, while explaining the scope of civil contempt jurisdiction, stated that it is intended to ensure compliance with judicial orders and not to supplement or modify earlier judicial orders. The Court emphasised that contempt proceedings cannot be used for the adjudication of new issues and for the issuance of fresh directions that are not contained in the judgement.The...
Kerala High Court Grants Police Protection To Interfaith Couple From Jharkhand Who Fled To Kerala And Got Married
The Kerala High Court ordered for police protection to an interfaith couple from Jharkhand who fled their home state due to threat from their families, came to Kerala and got married. The Court has also directed the police to ensure that the couples are not repatriated elsewhere during the pendency of the writ petition.Justice C.S. Dias orally said, “Be there, if there is anything report to...
Needs Lasting Solution: Kerala HC Directs KeLSA To Obtain Grievances, Suggestions From Inhabitants Living In Human-Animal Conflict Areas
Observing that it cannot remain passive to an issue which needs a lasting solution, the Kerala High Court directed the Kerala State Legal Services Authority (KeLSA) to co-ordinate with District Legal Services Authorities and Taluk Legal Services Authorities to conduct a survey of grievances and suggestions from people living in human-animal conflict areas.It further directed KeLSA to inform...
Attachment Under Banning Of Unregulated Deposit (BUDS) Act Doesn't Have Precedence Over SARFAESI/ IBC Proceedings: Kerala HC
The Kerala High Court held that attachment under the Banning of Unregulated Deposit Schemes Act (BUDS Act) does not have precedence over proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) or the Insolvency and Bankruptcy Code (IBC)Section 13 of the BUDS Act says that an order of provisional attachment passed by...
No New Flag Masts Or Poles To Be Erected In The State Without Permission From Competent Authorities: Kerala High Court Orders
The Kerala High Court ruled that no temporary or permanent flag masts or poles shall be installed in any public space, puramboke area, or road margins within the State without obtaining the necessary permissions or clearances from competent authorities as required by law.The single bench of Justice Devan Ramachandran further directed the Secretary of the Local Self Government Institutions ...