S.402 CrPC Pertains To High Court's Power To Transfer Revision Cases, Not Applicable When Appeal Is Pending Before Sessions Court: Kerala High Court

The Kerala High Court has observed that Section 402 of CrPC gives the High Court the power to transfer revision cases. It ruled that the provision is not applicable in cases where revision is pending before the High Court but appeal is pending before the Sessions Court.Justice K Babu thus invoked its inherent powers under Section 482 to transfer the revision pending before it to the...

Kerala HC Directs State To Notify Hospital Based Authorization Committees For Expeditious Decision On Organ Donation Applications

The Kerala High Court has directed the State Government to notify the constitution of Hospital Based Authorization Committees to conduct an inquiry into the joint applications submitted by the donor and recipient who are not near relatives, and when the organ donation is being made out of love and affection.The Court further stated that the State Government has to ensure that qualified...

Criminal Courts Can Frame Charges By Excluding Offences In Final Report Or Including Offences Not Mentioned In Final Report: Kerala HC

The Kerala High Court stated that the criminal courts can frame charges based on the prosecution records, excluding the offences in the Final Report and even including offences not mentioned in the final report as per Section 228 and Section 240 of the CrPC.Section 228 pertains to framing of charges in Session cases and Section 240 deals with framing of charges for trial of warrant cases....

Kerala High Court Stays BJP State President K Surendran's Discharge In Election Bribery Case

The Kerala High stayed the order of the Sessions Court, Kasargod allowing the discharge petition filed by BJP Kerala State President K. Surendran in the Manjeswaram election bribery case. The order was pronounced by Justice K. BabuThe prosecution case was that during the 2021 Kerala Assembly election, K. Surendran, while he was contesting from the Manjeswaram constituency, threatened and...

Kerala High Court Issues Notice To KeLSA Secretary On Plea By Assistant Legal Aid Counsel Seeking Maternity Benefits

The Kerala High Court has issued notice to the Secretary of Kerala Legal Service Authority on a petition concerning maternity benefits for a lawyer employed as Assistant Legal Aid Defence Counsel at the District Court Center. Justice Murali Purushothaman will consider the matter on October 21.Petitioner was appointed by the National Legal Service Authority (NALSA) and Kerala Legal...

Kerala High Court Seeks State's Response On Plea To Integrate Regional, District And Village Level Departments Within Online RTI Portal

A plea has been moved before the Kerala High Court seeking to integrate the existing online RTI portal with all regional, district and village-level offices, to enable all citizens, particularly NRIs to submit RTI applications and receive information and documents electronically. The petition also seeks direction to the government to facilitate digital payment methods like net banking and...

Kerala High Court Upholds Probation Requirement For Transfer Recruitment In Nursing Officer Posts; Distinguishes It From Previous Precedents

A division Bench of Kerala High Court consisting of Justice Anil K. Narendran and Justice P.G. Ajithkumar dismissed a series of petitions filed by nursing officers challenging the Kerala Administrative Tribunal's ruling. The petitions questioned the Kerala Public Service Commission's (KPSC) rejection of their applications for transfer appointments, which were turned down on...

Supreme Court Collegium Recommends Appointment Of Four Judicial Officers As Judges Of Kerala High Court

The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud, has recommended the names of four Judicial Officers for appointment as Judges of the Kerala High Court.The following are the Judicial Officers who have been recommended to be elevated as Judges of the High Court of Kerala:(i)Shri K V Jayakumar(ii) Shri Muralee Krishna S(iii) Shri Jobin Sebastian(iv) Shri P V...

Nadapuram Shibin Murder Case | Kerala High Court Awards Life Sentence To Seven Alleged Muslim League Workers For Murder Of DYFI Activist

The Kerala High Court has sentenced 7 persons allegedly affiliated with the Indian Union Muslim League namely Ismail, Muneer, Sidhique, Muhammed Anees, Shuhaib, Jasim, Samad to rigorous life imprisonment for the murder of DYFI activist Shibin. The judgment was pronounced by the Division Bench of Justice P. B. Suresh Kumar and Justice C. Pratheep Kumar The court observed that the court is...

Having Sexual Intercourse, Being Naked In Front Of Minor Amounts To Sexual Harassment U/S 11 Of POCSO Act: Kerala High Court

The Kerala High Court has stated that having sexual intercourse, after getting naked, in front of a minor child would amount to sexual harassment of a child defined under Section 11, and punishable under Section 12 of the POCSO Act.Justice A. Badharudeen stated that exhibiting any part of the body with the intention that it would be seen by a child would amount to sexual harassment. “To be...

Kerala HC Grants Pre-Arrest Bail To Husband Accused Of Abetting Wife's Suicide, Cites SC Judgment On Different 'Suicidable Patterns'

The Kerala High Court recently granted pre-arrest bail to a man, accused of abetting the suicide of his wife, after noting that there was no prima facie evidence suggesting the commission of the offence and that the deceased had never complained of any physical or mental harassment by the husband prior to her death. In doing so the court further observed that the matter requires an...

Assessee Can't Claim ITC For Transportation If Costs Aren't Included In Assessable Value Of Goods For Payment Of Central Excise Duty: Kerala HC

The Kerala High Court stated that assessee cannot claim input tax credit for transportation services if transportation costs are not included in assessable value of goods for payment of central excise duty. The Division Bench of Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “………the assessee did not include the transportation costs in the assessable value...