Kerala High Court
Periya Double Murder Case: Kerala High Court Suspends Sentence Of Four CPI(M) Activists
The Kerala High Court on Wednesday (8th January) suspended the sentence of 4 convicts in the Periya double murder case, including the former CPI(M) MLA K. V. Kunhiraman.The Special CBI Court had found the former MLA K. V. Kunhiraman, K. Manikandan, Raghavan Velutholi (Raghavan Nair), K. V. Bhaskaran guilty of offence under Section 225 (resistance or obstruction to lawful apprehension of...
Mandate U/S 19 POCSO Act To Report Offence Is To Be Performed By A Person In Personal Capacity: Kerala HC Quashes Case Against Ex-CWC Head
The Kerala High Court (on December 20) observed that the mandate of reporting offences provided under Section 19 of the Protection of Children from Sexual Offences Act, 2012 is not of an official character and the person has to report it in his personal capacity.“Section 19 of the POCSO Act casts a mandate on any person to report the commission of an offence. The mandate to report does...
Failure To Report POCSO Offences Not An Exception To Sanction For Prosecuting Public Servants U/S 197 CrPC Or U/S 218 BNSS: Kerala HC
The Kerala High Court has observed that Section 19 of POCSO Act which mandates reporting of POCSO offence is not carved out as an exception to Section 197 CrPC which pertains to requirement of sanction to prosecute public servants. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings...
Calling A Woman's Body Structure "Fine" Prima Facie Sexual Harassment: Kerala High Court Refuses To Quash FIR
The Kerala High Court on Monday (January 6) observed that a man making comments about a woman's body structure calling it “fine” prima facie amounts to a sexually coloured remark.Justice A Badharudeen thus refused to quash the criminal proceedings initiated against the Petitioner for offences including Section 354A(1)(iv), 509 of the Indian Penal Code and Section 120 of the Kerala Police...
Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court
The Kerala High Court (on January 06) observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. However, this is subject to the condition of the appellant filing an application seeking the stay.Reliance was placed on Supreme Court decisions...
Probate Not Necessary For Wills Executed By Indian Christians And Muhammadans After State Amendment To Indian Succession Act: Kerala HC
The Kerala High Court on Monday (January 6) reiterated that in light of the State amendment made to Section 213(2) of the Indian Succession Act, a person nominated as an executor can establish their right over wills made by Muhammadans or Indian Christians without obtaining a probate. For context, Section 213 states that an executor of a Will can only establish his/her right after probate of...
Kerala HC Criticizes DC Books For Announcing Autobiography Of CPI(M)'s EP Jayarajan Without Consent, Grants Pre-Arrest Bail To Sr Dy Editor
The Kerala High Court on Monday (6th January) expressed strong condemnation against DC Books, Kottayam for issuing a public notice regarding release of CPI(M) Central Committee Member and former LDF Convenor EP Jayarajan's alleged autobiography, without his consent.A PDF version of the book containing remarks against his party was soon 'leaked' on social media, a day before bye-elections in...
Accused Having Ties With Ruling Political Party Not Ground To Transfer Probe From State Agency To CBI: Kerala HC In ADM Naveen Babu's Case
While refusing to order CBI probe into former Kannur ADM Naveen Babu's death, the Kerala High Court today observed that accused merely having ties with the ruling political dispensation is not ground to transfer investigation from the hands of the State investigation agency.PP Divya, a member of Communist Party of India (Marxist) which has currently formed government in Kerala is accused...
Courts Can Permit Advocates To Conduct Cross-Examination Of Witnesses Present In Court Via Video Conferencing: Kerala High Court
While considering whether cross-examination of witnesses present in court can be done from a remote point, the Kerala High Court said that the courts can allow advocates to conduct cross-examination through video conferencing mode.Justice V. G. Arun said that courts need not deny such request just because it is not expressly allowed in Electronic Video Linkage Rules for Courts (Kerala), 2021....
'What Kind Of Cruelty! Continued Program Even After MLA's Fall' : Kerala High Court To 'Mridanga Nadam' Event Organisers
The Kerala High Court on Monday (6th January) while considering the bail petitions of Mridhanga Vision proprietor Nigoshkumar, his wife Mini C. and CEO Shameer Abdul Rahim in connection with the accident of the MLA Uma Thomas asked why they didn't pause the program after the incident.“What kind of cruelty is this. A person fell and had a head injury. Couldn't you have stopped the program...
Kerala High Court Weekly Round-Up: December 30, 2024 - January 05, 2025
Nominal IndexThe Kerala State -Ex-Services League State Committee, Thiruvananthapuram v. Commissioner of Central Excise Customs and Service Tax, Trivandrum, 2024 LiveLaw (Ker) 827S. Safeer v. Cochin Port Trust, 2024 LiveLaw (Ker) 828Alan Benny v Bar Council of Kerala and Another, 2025 LiveLaw (Ker) 1Mrs. Suma Sunilkumar v. The State Medical Officer, 2025 LiveLaw (Ker) 2Judgments/ Orders...
Kerala High Court Refuses To Order CBI Probe Into ADM Naveen Babu's Death
The Kerala High Court today refused to order CBI probe into death of former Kannur ADM Naveen Babu.ADM Naveen Babu was found dead in his official quarters on October 15, 2024. His wife alleged that CPM Member and former Kannur district Panchayath President PP Divya is responsible for the death of her husband and raised suspicions of homicidal hanging for CBI probe.Justice Kauser...