Over Speed & High Speed Are Relative Terms, Driving At High Speed By Itself Doesn't Mean Accused Was Rash Or Negligent: Kerala High Court

The Kerala High Court upheld the conviction imposed upon an accused under Section 304 Part II of the IPC for causing the death of a motor bike rider by driving his car on the wrong side of the road after consuming alcohol beyond the permissible limit.Section 304 defines culpable homicide not amounting to murder. A person is convicted under Section 304 Part II of the IPC when he does an act...

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad

The Kerala High Court has directed the District Legal Services Authority (DLSA), Wayanad to chalk out a long-term plan to increase awareness about negative aspects of child marriage and dissuading people from it. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu passed this order in a Suo Motu proceedings initiated by the Court in 2016 on a report by the DLSA Chairman...

Need To Invoke Kerala Anti-Social Activities Act Must Be Assessed If Proceedings For Peace Keeping U/S 107 CrPC Already Initiated: High Court

The Kerala High Court has held that when proceedings under Section 107 of the CrPC have already been initiated against an individual, the competent authority must assess whether it was necessary to initiate proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007 as well to preventively detain or extern the individual.Section 107 of CrPC is initiated for taking security...

[Income Tax] Assessing Authority Can't Reassess Prior Years Without Inquiry While Determining Relevant Year's Assessment: Kerala High Court

The Kerala High Court stated that while determining the assessment of relevant years assessing authority cannot determine the assessment for earlier years without enquiry. The Division Bench of Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “…….we fail to understand how the assessing authority, as well as the First Appellate Authority, while...

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court

The Division Bench of Kerala High Court comprising Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “the concern of the Assessing Authority, while passing a consequential order, has to be limited to those specific issues that have been remanded to it for consideration by the Commissioner………..” Section 263 of the Income Tax Act, 1961 empowers the...

Kerala High Court Weekly Round-Up: November 4 – November 10, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 690 – 707]Indian Broadcasting And Digital Foundation V The Telecom Regulatory Authority Of India, 2024 LiveLaw (Ker) 690Anu S P v State of Kerala , 2024 LiveLaw (Ker) 691Ajith Pillai v State of Kerala , 2024 LiveLaw (Ker) 692Asha v State of Kerala and Another, 2024 LiveLaw (Ker) 693Sreekumar Menon v State of Kerala and Another, 2024 LiveLaw...

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court

Kerala High Court: The Division Bench comprising Justice A. Muhamed Mustaque and Justice P.M. Manoj dismissed the petition filed by S. Gopalakrishnan Potti seeking penal interest on delayed pensionary benefits and back wages. The court upheld the Kerala Administrative Tribunal's (KAT) decision, ruling that delays in disbursing benefits were justified due to pending...

Media Publishing Statements Made In Press Conference Not Defamatory: Kerala HC Quashes Congress MP's Case Against Kairali TV, Asianet

Quashing a criminal case against Malayalam Communications Limited (Kairali TV) and Asianet News Network for telecasting a program featuring an allegedly defamatory and fabricated letter about Congress MP K C Venugopal, the Kerala High Court said that the statements in question were already in public domain hence it can't be termed defamatory. In doing so, the court underscored that the...

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In doing so it said that Courts must not interfere lightly...

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101(8) of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. The court limited...

Affected Persons Were Not Heard: Kerala HC Quashes Notification Restricting Operation Of Private Stage Carriages Upto A Distance Of 140 Km

Quashing a notification of the State government which restricted the length of routes of private stage carriage operators to a maximum distance of up to 140 kilometres, the Kerala High Court said that the final notification was issued without hearing and duly considering the objections of the affected parties as required under the relevant rules. For context, Rule 246 of the Kerala Motor...

"Some Students Not In The Habit Of Respecting Teachers": Kerala High Court Quashes Case Against Teacher For Hitting Student

The Kerala High Court quashed a case against a school teacher for allegedly beating a student in her class. The teacher was booked under Section 75 (cruelty to child) of Juvenile Justice Act and Section 324 (voluntary causing hurt by dangerous weapons or means) of the Indian Penal Code. Justice A. Badharudeen allowed the petition noting that the teacher beat the student only after he...