Geographical Restrictions On Prisoners Visiting Family Under Police Escort Doesn't Violate Fundamental Rights: Kerala HC

The Kerala High Court has held that the geographical restrictions on escort visits of prisoners to see their family–restricting it to within the state except in the case of death of near relatives, are based on practical considerations and do not violate prisoners' fundamental rights.An escort visit generally denotes a visit under escort to any place by a prisoner.The petitioner, a...

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC

The Kerala High Court clarified that if bail application of an accused is allowed, then the bail application of co-accused in the same crime cannot be denied without giving sufficient reasons for denial. The Court further clarified that if the bail application of one co-accused is rejected, then the bail application of another co-accused may still be granted if the allegations against...

[Service Law] HC Can Interfere With Compensation Commissioner's Order If Employer-Employee Relationship Not Established: Kerala High Court

The Kerala High Court has reiterated that it can exercise jurisdiction over the order of Compensation Commissioner when there is lack of evidence to prove the existence of an employer-employee relationship, which is a jurisdictional fact to be established, for the Commissioner to exercise its jurisdiction.As per the facts, the appellant was ordered to pay over six lakhs by the...

[Income Tax] Assessing Officer Not Only An Adjudicator But Also An Investigator, Cannot Remain Oblivious To Claim Without Enquiry: Kerala HC

The Kerala High Court stated that the Income Tax Commissioner can exercise Revisional Jurisdiction under Section 263 of the Income Tax Act, 1961. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “The role of the assessing officer under the Income Tax Act, 1961 is not only that of an adjudicator but also of an investigator and he cannot...

Kerala HC Dismisses Appeal Against Integrity Certificate Granted To SP Who Probed Walayar Rape-Death Case, Says Selection Committee Can Evaluate

The Kerala High Court has dismissed the appeal filed by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police MJ Sojan, who probed the case. The certificate is a requirement for considering his candidacy for conferring an officer with IPS cadre. It is the mother's case that the...

Merely Because 16-Yr-Old Sexual Abuse Survivor Smokes Not Ground To Say He Is Of Deviant Character: Kerala HC Upholds Conviction U/S 377 IPC

The Kerala High Court while dismissing the appeals of two men who were convicted and sentenced to three year imprisonment for committing an offence under Section 377 of IPC for sexually abusing a minor boy, observed that the victim's testimony cannot be termed as deviant or unreliable merely because he smoked. The allegation against the accused men was that they took a 16-year-old boy in...

Kerala HC Dismisses Challenge Against Dismissal Of Coast Guard Officer Whose Vessel Allegedly Collided With Boat Causing Death Of 5 Fishermen

The Kerala High Court dismissed the challenge against the dismissal of a Deputy Inspector General (DIG) of the Coast Guard after the vessel on which he was the Commanding Officer (Designate) collided with a fishing boat and caused the death of 5 fishermen and 1 fisherman missing.The vessel started from Goa Shipyard and collided with the boat on its way back to the Shipyard. The fishing boat...

Kerala High Court Doubts Validity Of Govt Order Empowering Local Body Heads To Kill Wild Boars

The Kerala High Court on Tuesday (January 21) expressed its doubts on the validity of the Government Order empowering heads of Local Self Government Institutions (LSGIs) to kill wild boars that stray into human settlements and cause damage to life and property.The court was hearing a matter wherein the Forest Department while exercising the power under Section 11 of the Wildlife Protection...

Sale Deed Cannot Be Unilaterally Cancelled: Kerala High Court Reiterates

The Kerala High Court has reiterated that there cannot be unilateral cancellation of a sale deed.Justice Gopinath P. relying upon the Supreme Court's decision in Satya Pal Anand v. State of M.P (2016) and the high court's decision in Noble John v State of Kerala (2010) held thus:“Thus it is clear that there cannot be a unilateral cancellation of Ext.P.1 Sale Deed.Accordingly, on the ratio...

Kerala High Court Stays Night Autopsy At Government Medical College Hospital Manjeri Over Infrastructure Concerns

The Kerala High Court has passed an interim order halting the conduct of night autopsies at the Government Medical College Hospital at Manjeri in Malappuram district in a writ petition filed by doctors who raised concerns about insufficient staff and inadequate infrastructure.Justice C S Dias ordered thus, “the learned government pleader seeks further time to get instructions ...direct ..not...

'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court

The Kerala High Court Bench of Justice Dr A. K. Jayasankaran Nambiar and Justice Easwaran S. held that if the parties choose to refer to a singular point for arbitration, then the arbitral tribunal cannot proceed to decide on all disputes. On the contrary, if the parties agree to arbitrate on the entire disputes, then the arbitral tribunal shall have jurisdiction to decide the entire...

Kerala HC Accepts Police Officer's Testimony To Uphold Conviction For Forged Driving License, Says Public Usually Reluctant To Become Witness

The Kerala High Court has observed that the public often shows reluctance to become witnesses, and stated that the testimony of police officers can be admissible, if they are found to be reliable and trustworthy.A single judge bench of Justice M. B. Snehalatha further held testimony of police officer should not be viewed with distrust solely because he is a witness from the Department of...