[S.413 BNSS] Person Cannot Be Treated As Victim To Prefer An Appeal When Damage Or Loss Suffered Is Not Direct Consequence Of Crime: Kerala High Court

The Kerala High Court stated that a victim under the proviso to Section 413 of BNSS is a person who suffered damages or loss as a direct consequence of the crime.Section 413 of BNSS corresponds to Section 372 of CrPC, where the proviso laid down the right of a victim to appeal against an order of acquittal, or an order convicting the accused for a lesser offence, or imposing...

Ingredients Of Copyright Infringement Not Made Out: Kerala High Court Sets Aside Conviction Of Man Allegedly Selling Fake Cassettes On Footpath

The Kerala High Court, noting that the prosecution could not establish the ingredients of copyright infringement under Section 51(a) of the Copyright Act, set aside the conviction of a man for allegedly selling fake audio cassettes on the footpath in Kannur.The police had seized 38 cassettes from the revision petitioner. He was convicted under Sections 51(a) and 52A r/w 63 of the Copyright Act...

Kerala High Court Closes Suo Motu Contempt Proceedings Against High Court Bar Association President

The Kerala High Court has closed the contempt proceedings initiated suo motu against the High Court Bar Association President Advocate Yeshwanth Shenoy, observing that correct procedure has not been followed in initiating the contempt procedure.The contempt proceedings were initiated after now-retired Justice Mary Joseph sent a letter to the Chief Justice disapproving of Shenoy's conduct in...

“Shocking Failure To Take Action”: Kerala High Court Questions Delay In Probing 2022 Rape Allegations Against Ponnani Police Officers

The Kerala High Court has questioned the delay in ordering an investigation into the rape allegations made by a woman in 2022 against four higher police officials in Ponnani in Malappuram district. The Court was hearing a plea of a woman seeking to register an FIR under Section 173(1) of the BNSS against four higher police officials for raping and sexually assaulting her. She had approached...

Rectification Order Not Sustainable If It Fails To Provide Reasons Justifying Exercise Of Rectification Power: Kerala High Court

The Kerala High Court stated that rectification order is not sustainable if does not provide any reason justifying exercise of power of rectification. The Bench of Justice Gopinath P. observed that “….personal hearing notice does not indicate that any reason justifying the exercise of power of rectification was pointed out to the assessee. Therefore, the assessee is right...

[Wayanad Landslides] ₹782.99 Crores Available With State Disaster Response Fund Including ₹291 Crore Central Share: UoI To Kerala High Court

Following queries by the Kerala High Court regarding disbursal of funds for disaster relief in Wayanad, the Central government today filed a statement claiming that Rs. 782.99 crore is available in State's Disaster Response Fund including Rs. 291.20 crores released by the Union government.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. has now...

[NDPS Act] Person Cannot Be Prosecuted For Allegedly Smoking 'Beedi' Containing 'Ganja' Without Forensically Examining 'Beedi': Kerala High Court

The Kerala High Court has quashed the proceedings initiated against a man for allegedly smoking a beedi filled with ganja on finding that the beedi was not subjected to forensic examination.The proceedings were initiated against the man under Section 27 (b) of the NDPS Act. Section 27 (b) provides imprisonment for up to six months or ten thousand rupees fine or both for consuming narcotic...

Kerala High Court Upholds Denial Of Temporary Status And Regularisation For Contingent Employees

Recently, a Division Bench of Kerala High Court, comprising of Justice Anil K. Narendran and Justice P.G. Ajithkumar, considered a petition against the order passed by the Central Administrative Tribunal. The judgement pertained to status and regularisation of employment. Background Facts The petitioner, Kumar S, filed the Original Application (“O.A”) before the...

"Alleged PFI Membership Insufficient To Attract Culpability": Kerala High Court Grants Bail To Accused In RSS Worker Sanjith's Murder

The Kerala High Court has granted bail to Muhammed Haroon, the sixth accused in the murder of RSS worker Sanjith.RSS worker Sanjith was murdered on November 15, 2011 allegedly by five persons due to political animosity. During the investigation, Haroon was implicated as the sixth accused for hatching conspiracy with other accused for the murder. The crime was registered alleging the commission...

NDPS Act | Framing Of Charges By Court Without Jurisdiction Will Not Affect Evidence Recorded By Special Court: Kerala High Court

The Kerala High Court held that the framing of a charge by a Sessions Court having no jurisdiction to try the case does not affect the evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).Under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), only a special court constituted under the Act can try offences under the...

[POCSO] Principal, Teacher Not Guilty Of Failure To Report Crime When Student's Complaint Was Sent To Police The Very Next Day: Kerala High Court

The Kerala High Court has quashed the final report against a school principal and teacher for failing to report a sexual offence complaint received from a minor student on the same day. The Court stated that it cannot be justified to say that there was a wilful omission since the complaint was lodged with the police and FIR was registered on the next day itself.Justice A. Badharudeen stated...

Church Feud: Kerala High Court Dismisses Appeal Against Order Directing District Collectors To Take Over Specified Churches

The Kerala High Court has dismissed the appeals filed challenging a single bench order directing the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud.The Division Bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar, pronouncing their order in open court said, 'the appeals are dismissed'....