Kerala High Court
Not Mandatory To Obtain Sanction To Prosecute Public Servant For Failing To Report POCSO Offences, S. 19 Contains Non-Obstante Clause: Kerala HC
The Kerala High Court has held that it is not mandatory to obtain sanction under Section 197 of CrPC or Section 218 of the BNSS to prosecute a public servant under Sections 19 and 21 of the POCSO Act for failing to report POCSO OffencesThe Court made this ruling on noting that Section 19 which mandates reporting of POCSO offences begins with a non-obstante clause, 'Notwithstanding...
Govt Must Be Able To Determine Strength Of Local Bodies In Interest Of Effective Governance: Kerala HC Affirms State's Delimitation Exercise
The Kerala High Court on Monday (24th February) overturned the decision of a Single Bench invalidating the delimitation exercise for 8 municipalities and one panchayat.Background of the CaseThe Kerala Government by virtue of Kerala Municipality (Second Amendment) Act, 2024 and Kerala Panchayat Raj (Second Amendment) Act, 2024 increased the ratio of number of counsellors/ panchayat members to...
Married Woman Of Eligible Age Can Undergo IVF Treatment Despite Husband's Ineligibility Provided He Consents: Kerala High Court
The Kerala High Court has permitted a married woman aged 46 years to avail Assisted Reproduction Technology (ART) procedure, even though her husband who is 57 years old has become ineligible to avail the ART services. The Court found that the married woman can independently undergo ART procedure through intrauterine insemination using donor male gametes, even though the husband has surpassed...
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...