Kerala High Court
Not Every Interference Is 'Mischief': Kerala HC Quashes Case Against Apartment Owners Association For Disconnecting Water Supply Over Unpaid Charges
The Kerala High Court has quashed criminal proceedings of mischief alleged against Apartment Owners Welfare Association for disconnecting water supply distribution over unpaid water charges. The Court stated that every interference with distribution of water supply would not amount to an act of mischief under Section 430 of the IPC.Section 430 of the IPC deals with diminution of supply of...
Film Director Ranjith Moves Kerala High Court To Quash Outraging Modesty Complaint
Malayalam film director Ranjith approached the Kerala High Court on Monday (January 13) seeking quashing of proceedings against him based on an FIR lodged by a Bengali actress alleging the commission of an offence under IPC Section 354 (assault or criminal force to outrage woman's modesty) and 509 (word, gesture, act intended to outrage woman's modesty).The proceedings are pending...
Malayalam Abuse 'P***di Mone' Means 'Son Of Sex Worker', Not Casteist Slur : Kerala High Court
The Kerala High Court has held that the Malayalam phrase- 'pulayadi mone', meaning 'son of a prostitute' is not a castiest slur to attract an offence under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.Justice C S Sudha observed thus, “Going by the dictionary meaning, the word പുലയടി മോനെ means son of a prostitute. That being so,...
Divorce More Traumatic For Woman When Husband Resists Maintenance Claim, Capable Man Can't Take Defence Of “Inadequate Resources”: Kerala HC
While hearing a man's plea challenging the amount of maintenance ordered to be given to his ex-wife and four children, the Kerala High Court reiterated that a man/obligant who is capable of earning and has no physical incapacities, cannot take the defence of having "no resources" to maintain the beneficiaries.A division bench of Justice Devan Ramachandran and Justice M. B. Snehalatha said:...
Medical Evidence Of Hymen Being Intact By Itself Not Sufficient To Hold That There Was No Penetrative Sexual Assault Or Coitus: Kerala HC
The Kerala High Court has said that medical evidence showing that hymen is intact by itself would not prove that there was no penetrative sexual assault or coitus.Justice A. Badharudeen thus dismissed a criminal revision petition of the petitioner on finding that the prosecution has made out a prima facie case that he kidnapped the minor child with intent to sexually assault her. Court...
Wayanad Landslides: Kerala High Court Says Grant Of Compensation A Policy Decision, Survivors Can't Contest Its Adequacy
The Kerala High Court today (January 16) expressed disinclination towards a resident's plea to enhance the compensation announced by the State government to rehabilitate the survivors of the deadly landslides that hit the hilly areas of Wayanad last year.The State has announced a housing township or compensation capped at Rs. 15 lakh. Moreover, after resettlement, the survivors will continue...
Consolidation Of Suits Not Provided In CPC, Joint Trial Depends On Equity, Justice, Convenience And Necessity: Kerala High Court
The Kerala High Court (on January 14), while refusing to order a joint trial of suits, observed that the Civil Procedure Code does not specifically provide for consolidation of suits. Instead, its necessity is governed by equity, justice, convenience and necessity. Further, the Court may consider the principle of prejudice while ordering a joint trial.“The Civil Procedure Code does...
Women Face Intersectional Discrimination At Many Levels, Those Issues Must Be Addressed: Kerala HC On Model Law To Protect Women In Workplace
The Kerala High Court on Thursday (January 16) orally observed that women in India face discrimination at multiple levels due their inter-sectionality, adding that the new legislation being drafted by the State to protect women at workplace in the aftermath of shocking revelations made by the Hema Committee Report, must address these issues."Although we have tackled discrimination to some...
GST Act | Notification Not Needed For Cross-Empowerment Of State Officials : Kerala High Court
In a significant judgment having a wide impact on several pending cases, the Kerala High Court on Wednesday (January 15) ruled that separate notification is not necessary for the cross-empowerment of State officials under the Goods and Services Tax Act.A division bench comprising Justice Dr AK Jayasankaran Nambiar and Justice S Easwaran delivered this significant judgment while answering...
Kerala High Court Questions Audacity Of Association Of Govt Servants In Allegedly Installing Illegal Hoarding In Face Of Judicial Orders
The Kerala High Court was irked today at the audacity of the Kerala Secretariat Employees Association (KSEA) in allegedly installing an illegal hoarding in front of the State Secretariat, despite prohibitory orders passed by it."This Court is unable to understand how, even after repeated orders and action that have been issued and completed, anybody has the temerity to put up any board/flag,...
Interim Release Of Goods Can Be Ordered Pending Adjudication Of Notice U/S 130 GST Act In Lieu Of Fine: Kerala High Court
The Kerala High Court has held that interim release of goods can be ordered pending adjudication of notice under section 130 GST Act in lieu of fine.The Bench of Justice Murali Purushothaman observed that “….the adjudication can be proceeded even if the goods are released pending adjudication. Even if confiscation is ordered, there is an option to the owner of the goods to pay fine...