Kerala High Court
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...
Oral Examination To Explain Interrogatories Shall Be Done Only In Extraordinary Situations: Kerala High Court
The Kerala High Court held that courts should order oral examination (viva voice examination) only in exceptional cases for the purpose of getting further information if a person has not answered or answered insufficiently a question in the interrogatory.Under Order XI Rule 11 of CPC, if a person interrogated omits to answer or answers insufficiently, the Court on an application by...
Reference To IPC Provisions In Definition Of 'Rowdy' Under Anti-Social Activities Law Is A Reference To Relevant BNS Provisions: Kerala HC
While examining the definition of 'rowdy' under the Kerala Anti-Social Activities Prevention Act (KAAPA), the Kerala High Court observed that the reference to the repealed IPC provisions in the definition, has to be construed as a reference to relevant provision in the BNS. It held that when such reference is to a chapter of IPC, the corresponding chapter of BNS shall be referred to and it...
Kerala High Court Orders Mufti Police To Carry ID Cards, Authorization Order For Proper Identification
The Kerala High Court has ordered mufti police to carry their identity cards and the specific order authorizing them to discharge their duties in mufti, for proper identification by the citizens. Mufti police is a term used to refer to police who is wearing civilian dress instead of uniform, during their job.Justice P.V.Kunhikrishnan observed that in the absence of such ID and...
Defense Counsel Can't Be Precluded From Cross-Examining Child Witness Unless He Misuses Liberty & Makes Child Uncomfortable: Kerala HC
The Kerala High Court has ruled that there are no statutory provisions in the newly enacted criminal laws, the POCSO Act, or the Guidelines for Recording of Evidence of Vulnerable Witnesses of 2024 issued by the High Court that permit screening of child witness from the defense counsel.Justice C. Jayachandran observed that it must be presumed that the legislature has considered all the...
Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC
The Kerala High Court has ruled that the State Consumer Disputes Redressal Commission cannot dismiss a complaint for default or non-prosecution.Justice C.S. Dias said, “…the State Commission is not empowered to dismiss a complaint for default or non-prosecution, but is obliged to decide the complaint on its merits.”The order was passed relying upon Sections 37-B, 38 and 49 of the...
Woman Becomes Eligible For Surrogacy At 23 Years Age And Ineligible On The Preceding Day Of Her 50th Birthday: Kerala HC Clarifies
In reference to Section 4 (c) (i) of the Surrogacy (Regulation) Act 2021, the Kerala High Court stated that a female would be eligible to obtain eligibility certificate for surrogacy when she attains the age of 23 and becomes ineligible on the preceding day of her 50th birthday. The Court thus clarified the maximum age limit for female cannot be extended till the preceding day of the 51st...
Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim
The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The accused was the step-grandfather of the victim and she was relying on him for her livelihood.The victim's mother died from cancer 8 years ago. Her father had abandoned her in her childhood hence, she was residing with her grandmother and step-grandfather.The...
Moratorium During Insolvency Process Does Not Bar Cheque Dishonour Proceedings Against Persons Referred U/S 141 Of NI Act: Kerala High Court
The Kerala High Court yesterday (on February 12), observed that during the Corporate Insolvency Resolution Process, initiation of cheque dishonour proceedings, due to the moratorium, is prohibited only against the corporate debtor and not against the persons referred under Section 141 of the Negotiable Instruments Act (N.I. Act). In other words, the accused persons in charge...
Physically Incapacitated Accused On Bail Can Be Permitted To Appear Virtually For Judgment Pronouncement By JMFC: Kerala High Court
The Kerala High Court has ruled that an accused who is out on bail and is physically incapacitated can be permitted to appear through virtual mode on the date fixed for the pronouncement of judgment, by the Judicial First Class Magistrate Court.Section 353(6) CrPC states that an accused, not in custody, has to be present for hearing the judgement pronounced, except when personal appearance...