'Torture' Not Part Of Police's Official Duty, No Sanction Required To Prosecute For Such Acts: Kerala High Court

The Kerala High Court has held that a Magistrate Court can take cognizance in case of custodial torture by police office, without prior sanction of the State Government under Section 197(1) of CrPC. Justice K. Babu reasoned that a Police Officer torturing a man in a police station cannot be treated as part of official duty, thus not requiring sanction to prosecute.“How can we say that the...

GST | Separate Notification Needed For Cross-Empowerment Of State Officials? Kerala High Court Refers To Division Bench

The Kerala High Court prima facie disagreed with the view expressed by the Madras High Court

No Criminal Proceedings Can Lie For 'Defamation' Of Banned Organisation Like PFI, Kerala High Court Grants Relief To Media House

The Kerala High Court quashed criminal defamation proceedings initiated against a media house for allegedly publishing a defamatory article about the 'Popular Front of India' (PFI).Justice P.V.Kunhikrishnan observed that PFI is a banned association in India; therefore, defamation cannot be alleged against a banned organization, since it has no legal entity. While quashing the defamation...

Kerala High Court Directs Department Of Empowerment Of PwD Not To Reject Scholarship Plea Of 75% Visually Impaired Law Student

In an interim order passed on Friday (November 29) the Kerala High Court directed the Department Of Empowerment Of Persons With Disabilities not to reject a scholarship application of a 75 percent visually impaired first-year law student on account of non submission of Unique Disability ID (UDID) details. In doing so the court prima facie noted that the petitioner who is a student at NUALS,...

AFT Should Not Lightly Interfere With Views Of Medical Experts: Kerala High Court On 2008 Rules On Disability Pension For Ex-Army Personnel

The Kerala High Court held that the Armed Forces Tribunal (AFT) should not lightly interfere with the opinion of medical board as to the nature of disability of ex-service personnel in the question of granting disability pension. The Court observed that whether the disability has connection to the personnel's service is a crucial factor for granting pension and it depends upon the opinion of...

[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court

The Kerala High Court held the criteria for the Magistrate to direct any person to give voice sample under Section 349 of BNSS is the satisfaction of the Magistrate that such sample is required for the purpose of investigation.“Under Section 349, the criteria is the satisfaction of the Magistrate that it is expedient to direct any person to provide his voice sample, again, for the purposes...

"Doctors Are Backbone Of Healthcare, Police Officer's Badge Is Symbol Of Trust": Kerala HC On Cross-Allegations By Medical Officer & Circle Inspector

The Kerala High Court has quashed criminal proceedings against a doctor under Section 166B of the IPC, who was accused of showing unwillingness to examine the victim in a child missing case and failing to issue a medical certificate, on finding that the ingredients of the said offence were not made out. The Court however, expressed that enquiry has to be conducted against the doctor and...

Elephant Parading For Temple Festivals Not Essential Religious Practice: Kerala High Court

The Kerala High Court dismissed an application filed by the Cochin Devaswom Board which sought a modification of Court's guidelines requiring a 3 meter distance between two Elephants when parading them for festivals.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P, on applying the essential religious practise Test laid down by the Apex Court in Commr. of Police...

No Photography Permitted In Sanctum Of Sabarimala Temple, Except For Ceremonies And Festivals: Kerala High Court

The Kerala High Court on Thursday (November 28) ordered that photography is not permitted in the sanctum of Sabarimala temple especially in pathinettam padi (eighteen holy steps) and thirumuttam, except in connection with ceremonies and festivals. The Travancore Devaswom Board had earlier submitted before the Court that the pilgrims were taking photos and videos in the thirumuttam of...

Kerala High Court To Hear Daughter's Appeal Against 'Donation' Of Late CPI(M) Leader MM Lawrence's Body On December 5

Daughter of late veteran CPI(M) leader MM Lawrence, Asha Lawrence has moved an appeal before the Kerala High Court against the decision of a single judge which had allowed the handing over of her father's body to Ernakulam Medical CollegeThe appeal was heard on Thursday by a division bench of Chief Justice Nitin Jamdar and Justice S. Manu. Soon after the death of Lawerence on September 21,...

Sophisticated Medical Beds For Expecting Mothers Are Subject To Luxury Tax: Kerala High Court

The Kerala High Court has held that 'sophisticated medical beds' provided for expecting mothers would be subject to luxury tax under the Kerala Tax on Luxuries Act of 1976.In doing so, the high court underscored that what was ultimately being taxed under the Act was the "experience of luxury as regards the accommodation/amenities in the hospital". The court made the observation in a plea filed...

State Public Service Commission Alone Has The Power To Extend The Life Span of Ranked List Of Candidates Issued By It: Kerala High Court

The Kerala High Court held that the Kerala Administrative Tribunal does not generally have the power to extend the life of the ranked list of candidates issued by Kerala Public Service Commission (PSC), and the latter alone has the power to decide the extension period. The Division Bench of Justice A. Muhamed Mustaque and Justice P. M. Manoj emphasized that PSC is a constitutional body....