Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

The Kerala High Court has held that remote chance of conviction due to compromise between the accused and the complainant should not serve as a ground to terminate investigation abruptly and to quash the FIR and further proceedings in serious offences involving POSCO Act.In the present case, the petitioner was accused of subjecting a 17-year-old girl to sexual intercourse by giving promise...

Kerala High Court Quashes Case Against Public Servant For Commenting On CM's Plea To Govt Officers To Donate 1-Month Salary For Flood Relief

The Kerala High Court quashed proceedings against a public servant for allegedly making "sarcastic comments" on a WhatsApp group concerning the Chief Minister's appeal to government officers to donate their one-month salary to a relief fund after the 2018 floods.The court found that the alleged comments were not intended to cause any injury to the benificiaries of the flood relief scheme as...

Kerala High Court Asks Centre If It Can 'Free Up' State Of ₹180 Crore Arrears To Enable Utilisation Of SDRF Funds For Wayanad Rehabilitation

The Kerala High Court today asked the Central government to consider relaxing SDRF/ NDRF norms so that State government is 'freed up' of ₹180 crore outstanding debt and can put the same for use in Wayanad rehabilitation works.The observation was made by division bench of Justice A.K.Jayasankaran Nambiar and Justice Easwaran S, considering the pressing need for assistance in...

Kerala High Court Dismisses Daughter's Appeal Against Donation Of CPI(M) Veteran MM Lawrence's Body To Medical College

The Kerala High Court has dismissed the appeal filed by Asha Lawrence objecting her father and CPI(M) Veteran M. M. Lawrence's body to Ernakulam Medical College. The order was pronounced on Wednesday (18th December) by the Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu. A detailed order is awaited.The appeal was filed by Lawrence's daughter Asha Lawrence. She had...

Kerala High Court Deletes ECI As Party In Plea Challenging Minister Suresh Gopi's Election To Lok Sabha

The Kerala High Court on Tuesday (December 17) recalled its earlier order allowing impleadment of Election Commission of India in a petition challenging the election of Minister of State for Petroleum and Natural Gas and BJP MP Suresh Gopi from the Thrissur constituency in the 2024 Lok Sabha Elections.The election petition was filed by AIYF Thrissur District President, Binoy A. S. alleging...

Gratuity Serves As Retirement Benefit Ensuring Immediate Financial Support, Cannot Be Paid In Installments: Kerala High Court

The Kerala High Court bench of Justice Murali Purushothaman held that gratuity could not be paid in instalments as the purpose of gratuity is to serve as a retirement or terminal benefit ensuring immediate financial support to the employees or their dependents.“The law does not provide for payment of gratuity in installments as the purpose of gratuity is to serve as a retirement or...

'Accused Acquitted Due To Shortfalls In Probe': Kerala HC Calls For Scientific Investigation Methods, Centralized Knowledge Repository

The Kerala High Court underscored the importance of conducting effective investigation by the police by scientific methods of investigation technology, by not just relying on traditional methods of collecting evidence for ensuring a robust and efficient investigation process.In the facts of the case, the appellant-mother who was convicted under Section 302 of the IPC by the Additional...

PMLA Does Not Intend To Attach Or Confiscate All Properties Of A Person Connected With Crime: Kerala High Court

The Kerala High Court has observed that the Prevention of Money Laundering Act 2002 (PMLA) does not intend to attach or confiscate all properties of a person connected with crime, especially those properties that were acquired before even the commission of the crime.A senior citizen and his wife have approached the Court seeking to quash an order of provisional attachment issued under the...

Kerala High Court Grants Bail To 3 Booked For Vandalising Lawyer's Office, Appreciates Advocates' Association For Lending Support To Lawyer

While granting bail to three men accused of entering an advocate's office and causing destruction of property, the Kerala High Court appreciated the participation of the Kerala High Court Advocates' Association noting that when a lawyer has a grievance the entire lawyer community and the association come together to lend its support. The President of Kerala High Court Advocates'...

[Actress Assault Case] Kerala High Court Rejects Pulsar Suni's Plea To Recall Two Expert Witnesses, Calls It 'Frivolous'

The Kerala High Court on Monday dismissed the plea filed by Sunil N.S., also known as 'Pulsar Suni', the main accused in the 2017 Actor Assault Case- for recalling two expert witnesses.Suni had approached the High Court against the order of the Sessions Court dismissing his application to recall two expert witnesses, a doctor who collected samples for forensic examination and the...

Kerala HC Quashes Case Against Former MP For Allegedly Comparing Lawyers To Street Dogs

The Kerala High Court quashed the defamation case against former Ernakulam MP, advocate and lawyer, Sebastian Paul pending before the Taliparamba Magistrate Court for allegedly comparing the lawyer community with street dogs.The said statement was made in 2016 when there was a tussle between the lawyers and journalists in Kerala. The speech made by Sebastian Paul was reported by media....

Members Of Charitable Society Running Private College Are "Public Servants": Kerala High Court

The Kerala High Court held that the authority which can decide the grant of admission, collection of fees etc. of a private pharmacy college is a 'public servant' as defined under the Prevention of Corruption Act (PC Act). The Court was dealing with an issue regarding the collection of the capitation amount.The Court noted that the admission and fixation of fees to the institution is governed...