Kerala High Court
Defense Counsel Can't Be Precluded From Cross-Examining Child Witness Unless He Misuses Liberty & Makes Child Uncomfortable: Kerala HC
The Kerala High Court has ruled that there are no statutory provisions in the newly enacted criminal laws, the POCSO Act, or the Guidelines for Recording of Evidence of Vulnerable Witnesses of 2024 issued by the High Court that permit screening of child witness from the defense counsel.Justice C. Jayachandran observed that it must be presumed that the legislature has considered all the...
Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC
The Kerala High Court has ruled that the State Consumer Disputes Redressal Commission cannot dismiss a complaint for default or non-prosecution.Justice C.S. Dias said, “…the State Commission is not empowered to dismiss a complaint for default or non-prosecution, but is obliged to decide the complaint on its merits.”The order was passed relying upon Sections 37-B, 38 and 49 of the...
Woman Becomes Eligible For Surrogacy At 23 Years Age And Ineligible On The Preceding Day Of Her 50th Birthday: Kerala HC Clarifies
In reference to Section 4 (c) (i) of the Surrogacy (Regulation) Act 2021, the Kerala High Court stated that a female would be eligible to obtain eligibility certificate for surrogacy when she attains the age of 23 and becomes ineligible on the preceding day of her 50th birthday. The Court thus clarified the maximum age limit for female cannot be extended till the preceding day of the 51st...
Kerala High Court Grants Bail To Man Booked For Sexually Abusing Granddaughter, Notes His Custody Was Causing Further Trauma To Victim
The Kerala High Court released a POCSO accused on bail considering that his prolonged custody was causing trauma to the victim. The accused was the step-grandfather of the victim and she was relying on him for her livelihood.The victim's mother died from cancer 8 years ago. Her father had abandoned her in her childhood hence, she was residing with her grandmother and step-grandfather.The...
Moratorium During Insolvency Process Does Not Bar Cheque Dishonour Proceedings Against Persons Referred U/S 141 Of NI Act: Kerala High Court
The Kerala High Court yesterday (on February 12), observed that during the Corporate Insolvency Resolution Process, initiation of cheque dishonour proceedings, due to the moratorium, is prohibited only against the corporate debtor and not against the persons referred under Section 141 of the Negotiable Instruments Act (N.I. Act). In other words, the accused persons in charge...
Physically Incapacitated Accused On Bail Can Be Permitted To Appear Virtually For Judgment Pronouncement By JMFC: Kerala High Court
The Kerala High Court has ruled that an accused who is out on bail and is physically incapacitated can be permitted to appear through virtual mode on the date fixed for the pronouncement of judgment, by the Judicial First Class Magistrate Court.Section 353(6) CrPC states that an accused, not in custody, has to be present for hearing the judgement pronounced, except when personal appearance...
Death Penalty, Imprisonment, Breach Of Peace, Trial Of Offences: Kerala HC Clarifies Scope & Application Of Criminal Writ Petitions
The Kerala High Court has stated that proceedings that may result in punishments such as death, imprisonment and forfeiture of property should be filed as Writ Petitions (Criminal). It also stated that petitions related to maintenance of law and order, prevention of breaches of peace, prevention of vagrancy should be filed as Writ Petitions (Criminal). Additionally, the Court clarified that...
Suppression Of Assets While Seeking Permission To Sue As 'Indigent Person' Indicates Party Playing Fraud On Court: Kerala High Court
The Kerala High Court has observed that if a person does not fully disclose the details of his property while applying to sue as an indigent person, it is an indication that he wants to play fraud on the court by suppressing his ability to pay court fee.“When a party in possession of movable/s and immovable property/ies fails to disclose the details of movable/s or immovable property/ies,...
Often False POCSO Case Launched Against Spouse To Avoid Handing Over Minor Child's Custody: Kerala High Court
Kerala High Court while quashing a POCSO case filed by the mother on behalf of her child against her divorced husband observed that there are instances where one spouse uses their minor child to file false POCSO case against the other, to win custody cases.“In cases when the husband and wife are in loggerheads and one among them sues for custody of a minor child, there are instances whereby...
Emergency Situation May Arise For Removal Of Street Vendors, But It Cannot Be Used As Grounds To Bypass Their Statutory Rights: Kerala HC
The Kerala High Court held that the Corporation should not evict street vendors, citing grave and emergent reasons, in violation of their statutory rights guaranteed under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act of 2014.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu observed that the 2014 Act was enacted by the Parliament to...
Contempt Jurisdiction Is Independent, Civil Contempt Petitions Need Not Be Placed Before Same Bench Which Passed Original Order: Kerala HC
The Kerala High Court has ordered that it is not necessary to always place a civil contempt petition before the same Bench which passed the order against which the contempt petition was filed. Currently, this is the practice being followed by the High Court.The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu was deciding on a suo motu petition placed before it by...
Adoptive Parents Not Allowed To Meet Child Physically, Must Be Provided Child Study Report & Medical Report To Give Preference: Kerala HC
The Kerala High Court ruled that prospective adoptive parents must be given child study report and medical examination report to review when they are referred the profiles of children for possible adoption.Justice C.S. Dias referred to Section 59 (6) of the Juvenile Justice (Care and Protection of Children) Act of 2015 and Adoption Regulations of 2022 to state that child study report and...