[Juvenile Justice Act] Offence Of Wilful Neglect Must Be Committed Intentionally, Not By Accident Or Inadvertence: Kerala High Court

The Kerala High Court recently held that to constitute the offence of willful neglect as given under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, the act should be done deliberately or intentionally and not by accident or inadvertence.In the instant case, the prosecution alleged that a 6-year-old child who was residing in the Home For Mentally Deficient Children...

Advocate General's Order Declining Sanction To Initiate Criminal Contempt Not Subject To Challenge In Court: Kerala High Court

The Kerala High Court held that refusal of sanction by the Advocate General for initiating criminal contempt proceedings under Section 15(1) of the Contempt of Courts Act of 1971 is not justiciable.Justice C.S. Dias passed the above order by relying upon the Apex Court decision in Joseph Kuzhijalil v Joseph Pulikunnel (1995). “In the light of the emphatic proclamation of the law in...

Take No Coercive Steps Against Wayanad Landslide Victims Who Defaulted On Loan Till Centre Decides On Waiver: Kerala HC Directs State

The Kerala High Court on Monday (March 3) ordered the State to direct the State Level Bankers' Committee (SLBC) not to take any coercive steps against any Wayanad landslide victim who has defaulted on bank loans, till the matter of loan waiver is decided by the Central Government.“.. we deem it appropriate to direct that till such time as the decision of the Central Government on the aspect...

Kerala High Court Dismisses Appeal By ADM Naveen Babu's Wife Seeking CBI Probe Into His Death

The Kerala High Court on Monday (March 3) dismissed the writ appeal moved by Manjusha, wife of deceased ADM Naveen Babu, seeking CBI probe into his death.ADM Naveen Babu was found hanging in his official quarters on October 15, 2024. PP Divya, a member of the Communist Party of India (Marxist) which has currently formed the government in Kerala is accused of abetting Babu's suicide by...

Kerala High Court Weekly Round-Up: February 24 - March 02, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 131-148]Sharanya v State of Kerala, 2025 LiveLaw (Ker) 131Sarika S. v Radhamma and Others, 2025 LiveLaw (Ker) 132Linimol K v Union of India, 2025 LiveLaw (Ker) 133x v The Deputy Superintendent of Police and Another, 2025 LiveLaw (Ker) 134Sajitha Abdul Nazar v Union of India, 2025 LiveLaw (Ker) 135Dr Ditto Tom P. v State of Kerala, 2025 LiveLaw...

Banks Can Initiate Proceedings Under SARFAESI Act To Recover Loan If It Wasn't Party To Resolution Plan: Kerala High Court

The Kerala High Court bench of Justice Gopinath P. has held that a bank can initiate proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) to recover outstanding dues if it was not a party to the resolution plan approved under the Insolvency and Bankruptcy Code, 2016. The Court clarified that the bar...

What Is The Difference Between 'Non-Service Of Notice' & 'Lack Of Knowledge Of Service Of Notice'? Kerala High Court Explains

The Kerala High Court has explained the difference between 'non-service of notice' and 'not noticing or lack of knowledge of service of notice'. “Lack of knowledge of service of notice can amount to a violation of principles of natural justice only in certain limited circumstances. When lack of knowledge is attributable to the default of the sender of the notice, then 'not...

Prima Facie Opinion By Court At Stage Of Bail Application Not Binding On Investigation Or Trial: Kerala High Court

In a significant ruling, the Kerala High Court held that a prima facie opinion at the bail application stage would not impact the investigation and trial. It further observed that the trial court cannot reject legal contentions of the accused merely on the ground that they amount to a prima facie finding, as such determination is only relevant at the bail application...

Kerala High Court Stays Central Prison's Restriction That Jail Inmates Can Call Only BSNL Numbers

A Writ Petition has been filed in the Kerala High Court challenging a recent notice issued by the Superintendent of Viyyur Central Prison and Correctional Home which says that the 3 phone numbers which a prison inmate has registered for external contact should be BSNL numbers. A prison inmate is allowed to have external contact by phone with 3 registered numbers. By this notice, a restriction...

Police Can Fearlessly Take Action Against Women Implicating Innocent Men In False Sexual Assault Cases: Kerala High Court

The Kerala High Court while granting bail to a man accused of committing sexual harassment remarked that nowadays, there is a tendency to make serious allegations of sexual assault against innocent people. The Court said that merely because the complainant is a lady, there is no presumption that her version is the gospel truth.Justice P. V. Kunhikrishnan declared that a criminal...

Selling Train Tickets Booked From IRCTC Platform For Commercial Gain Punishable Under S.143 Railways Act: Kerala High Court

The Kerala High Court has laid down that procuring and selling train tickets booked using IRCTC (Indian Railway Catering and Tourism Corporation Ltd.) website for commercial uses violates the terms and conditions specified on the IRCTC website.Here, a petitioner lady had approached the Court for quashing proceedings against her for allegedly booking and selling online tickets...

Alleging Rape On False Promise Of Marriage Is 'Baseless' When Complainant Lady Was Already Married And Not Divorced: Kerala High Court

The Kerala High Court has reiterated that the offence of 'rape on the false promise of marriage' would not stand when the complainant lady was already married and continuing in that marriage at the time. Justice A. Badharudeen observed that in that case the promise of marriage itself is an impossibility. The Court said that for this offence, it has to be shown prima facie that the consent...