Kerala High Court
Kerala High Court Allows Institution Of Fresh Suit Over Litigant's Claim That Proper Relief Could Not Be Sought Due To Wrong Legal Advice
The Kerala High Court recently allowed a petitioner to withdraw a suit which was at the appellate stage upon seeing that proper reliefs were not incorporated in the original suit.The petitioner had filed a suit seeking a declaration of easement right of prescription over a property and for consequential injunction against the defendants. The trial court dismissed the suit saying that she...
Kerala High Court Grants Anticipatory Bail To Lawyer And Congress Leader Laly Vincent In CSR Scam Case
The Kerala High Court has allowed the anticipatory bail plea of Congress leader and lawyer Laly Vincent who is arrayed as an accused in the CSR scam case.Ananthu Krishnan is the prime accused in the scam, who transferred ₹47,74,500 to Vincent's bank account over a period of four years. Seeking bail, Vincent claimed that the amount was paid in exchange for her giving legal advice...
Kerala High Court Weekly Round-Up: February 17 - 23, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 112 – 130 ]Sajeevan Swamy v Johnson and Others, 2025 LiveLaw (Ker) 112Hareesh M. S. v The Kerala State Financial Enterprises Ltd. and Others, 2025 LiveLaw (Ker) 113Mrs Shinu K R v State of Kerala & Connected Case, 2025 LiveLaw (Ker) 114The Kerala Film Exhibitors Federation v. State of Kerala, 2025 LiveLaw (Ker) 115Sadanandan v State of...
Mental Health Act Bars Punishing Persons For Offences Committed While Attempting Suicide : Kerala High Court
The Kerala High Court ruled that convicting and sentencing a person under the provisions of the Indian Penal Code for other offences is illogical when they have attempted to commit suicide in the course of same transaction. The Court held that, under Section 115 of the Mental Healthcare Act, 2017, such prosecution is barred unless the prosecution proves that the individual was not under...
Police Can Freeze Bank Accounts U/S 102 CrPC For Crimes Under Prevention Of Corruption Act: Kerala High Court
Kerala High Court has held that freezing of a person's bank accounts under Section 102 of Code of Criminal Procedure while investigating his involvement in offences under Prevention of Corruption Act (PC Act) is valid. Justice C. Jayachandran rejected the petitioner-accused's argument that the freezing should have been done only through the Criminal Law Amendment Ordinance, 1944.Advocate John...
Wayanad Landslides: KSDMA Details Plan To Remove Debris From Rivers Before Start Of Monsoon
The Member Secretary of the Kerala State Disaster Management Authority (KSDMA) submitted before the High Court on Friday (21st February) that steps were being taken to remove debris left in the rivers in the aftermath of landslide before monsoon.The Division Bench of the Court comprising of Justice A. K. Jayasankaran Nambiar and Justice Easwaran S. was hearing the suo motu case initiated by...
Article 226 Can't Be Invoked Against An SCN Issued U/S 74 Of CGST Act At Preliminary Stage: Kerala High Court
The Kerala High Court stated that Article 226 cannot be invoked against a show cause notice issued under Section 74 of the CGST Act at preliminary stage. “Article 226 of the Constitution of India is not meant to be used to break the resistance of the Revenue in this fashion. In exercise of such jurisdiction, the High Court is required to refrain from issuing directions...
Lack Of Mandatory Jail Sentence For Hate Speech Crimes Serious Matter : Kerala High Court Flags Issue To Parliament & Law Commission
While denying anticipatory bail to BJP leader PC George in a case for making remarks against the Muslim community, the Kerala High Court expressed concerns about the rising frequency of statements based on caste and religion."Nowadays, there is a tendency to make statements based on religion, caste etc. These are against the basic structure of our Constitution. These tendencies should be...
Kerala High Court Denies Anticipatory Bail To BJP Leader P C George In Hate Speech Case
The Kerala High Court today dismissed the anticipatory bail application filed by BJP leader PC George, booked for allegedly making hate speech against the Muslim community during a channel debate.Justice P V Kunhikrishnan dismissed the bail application. The allegation against PC George was that he made remarks against the Muslim community, stating that they are terrorist and communalists. It...
Kerala Floods: High Court Closes Suo Moto Case Over Dam Water Level Regulation, Takes Note Of Steps Taken By State For 'Monsoon Preparedness'
The Kerala High Court has closed its suo moto case initiated in 2020 for safety evaluation of dams, monitoring dam shutters and regulating dam water levels in the State, in light of frequent flooding.While doing so, the Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu took note of various steps implemented by the State government since 2020, to ensure better management of...
Consolidated SCN Involving Multiple Assessment Years Can Be Issued Only When Common Period Of Adjudication Exists: Kerala High Court
The Kerala High Court stated that consolidated show cause notice involving multiple assessment years can be issued when common period of adjudication exists. “Issuing a consolidated show cause notice covering various financial/assessment years would cause prejudice to an assessee who would not get the full period envisaged for adjudication under the Statute, if that period...
Compassionate Employment Cannot Be Denied To Dependents Who Have Been 'Fighting For Claim' By Fixing Subsequent Cut-Off Date: Kerala HC
The Kerala High Court recently stated that when the benefits of a compassionate employment scheme have been extended to the dependants of employees of private aided colleges, then neither the government nor the college authorities can deny these benefits to the dependants who have been fighting for this cause by fixing a subsequent cut-off date for availing the benefit of the scheme.In this...