Judge-Advocates Spat : KHCAA Suspends Senior Advocate George Poonthottam Over Alleged Settlement Talk Without Association Nod

The General Body of the Kerala High Court Advocates Association decided to suspend Senior Advocate George Poonthottam from the KHCAA for meeting the Chief Justice without the consent of the Association to resolve the issue relating to Justice A Badharudeen.Last Friday, the KHCAA had boycotted Justice Badharudeen's Court following a complaint that the Judge had insulted Advocate Sarita...

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court

The Kerala High Court has refused to invoke the provisions of the Probation of Offenders Act (PO Act) in the benefit of a man convicted by the Trial Court under Section 377 and 506 (punishment for criminal intimidation) of IPC. While doing so, the Court observed that invoking provisions under the PO Act would send a wrong message to the society amid increasing sexual offences against children...

Mental Condition Of Youngsters Disturbing, Parents Should Closely Monitor: Kerala HC Grants Bail To 25 Yr-Old Who Attacked Mother For NYE Money

The Kerala High Court stated that the mental condition of the young generation in this country is astonishing and disturbing.The Court made the above observation while allowing the bail application of a 25-year-old son who inflicted serious injuries on his mother for refusing to give money for New Year's eve celebrations. Expressing concern over the behaviour of the young generation in...

Kerala High Court Monthly Digest: February 2025 [Citations: 73 - 143]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 73 - 143]Vipin P G v State of Kerala, 2025 LiveLaw (Ker) 73Sneha Vijayan v State of Kerala, 2025 LiveLaw (Ker) 74State of Kerala v Pradeepkumar A.V, 2025 LiveLaw (Ker) 75Biju Abraham and Another v State of Kerala, 2025 LiveLaw (Ker) 76Ciby George v District Collector & Connected Cases, 2025 LiveLaw (Ker) 77Shuaib A. S. v State of Kerala...

Principles Of Natural Justice Cannot Be Disregarded During Adjudication Under Provisions Of CGST Act: Kerala HC

The Kerala High Court recently held that the finding that principles of natural justice need not be followed during an adjudication under the provisions of the CGST Act is untenable.The Court was considering whether failure to provide opportunity to cross-examine witnesses whose statements were relied upon by the proper officer in adjudication proceedings against the assessee under Section 74...

KHCAA Rejects Judge's Offer To Apologize In Chamber; Says 'When Insult Happened In Open Court, Apology Also Should Be In Open Court'

The Kerala High Court Advocates Association (KHCAA) has written a letter to the Chief Justice of the High Court demanding an apology in open court for allegedly humiliating the widow of a recently deceased advocate.As per the letter, when Adv. Saritha Thomas, wife of the late Adv. Alex Scaria, sought time to file a fresh vakalat in a case where her husband had filed the vakalat, it is said...

Jharkhand Police Which Came Looking For Inter-Faith Couple Has Gone Back: State Informs Kerala HC, Protection Order Extended By A Month

The Kerala High Court on Friday (March 7) recorded the statement of the Government Pleader that Jharkhand police, which came in search of the interfaith couple from Jharkhand who got married in Kerala, went back noting the pendency of the instant case before the High Court.The case was filed before the High Court by the couple seeking police protection, saying they faced threat from...

No Room To Order Concurrent Running Of Sentences Where Two Offences Have No Connection, Transactions Are Completely Different: Kerala HC

The Kerala High Court has held that Section 427 of CrPC, which empowers Courts to order concurrent running of subsequent sentences, has no application when a person is convicted for different offences in two different crimes committed in completely different transactions.Justice C. Jayachandran observed that the Petitioner-convict's contention that the sentencing court passing the...

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner.Justice A. Badharudeen was considering an order of the Trial Court which dismissed an application seeking further investigation under Section 173 (8) of the CrPC. Court said,...

Power Of Attorney Holder Cannot Represent A Party In Court Without Obtaining Its Permission: Kerala High Court Reaffirms

The Kerala High Court has held that a private person cannot appear on behalf of another on the basis of a power of attorney, without prior permission of the Court. The Court observed that only enrolled advocates can appear on behalf of another party without permission. For a private person to do so, he has to get the permission of the Court under Section 32 of the Advocates Act, even if he is...

Kerala High Court Closes Plea By Legal Aid Counsel Seeking Maternity Benefit After Being Told Benefits Had Already Been Extended To Them

The Kerala High Court closed the petition filed by 2 Assistant Legal Aid Defense Counsel under the LADCS seeking maternity benefits after taking into account that the maternity benefit under the Maternity Benefit Act has been extended by National Legal Service Authority (NALSA) to the personnel appointed under the Legal Aid Defense Counsel System (LADCS).The order was passed by Justice D....

Drug Mafia's 'Poisonous Fangs' Have Reached School Kids: Kerala HC Affirms Bail Cancellation Of NDPS Accused Who Indulged In Another Case

The Kerala High Court refused to interfere with the order of Special Court cancelling the bail of an accused under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) who got involved in another NDPS case while on bail.Justice V. G. Arun remarked that the drugs have reached to the school going children. The Court observed that if a person accused of offences under NDPS Act who...