POCSO Accused Can Get Unredacted Prosecution Records, Balance To Be Struck Between Their 'Right To Defend' And Minor's Privacy: Kerala HC

The Kerala High Court has recently observed that an accused in a POCSO case is entitled to get unmasked copies of the prosecution records to effectively defend his case, while emphasizing that in such matters a balance has to be struck by courts between the "privacy of the victims" and the accused's right to defend themselves. A single judge bench of Justice A. Badharudeen in its order...

Life Convict Subsequently Sentenced To Life Or Fixed Term Shall Serve Sentences Concurrently, Separate Declaration Not Required: Kerala HC

The Kerala High Court held that when an individual is convicted to life imprisonment, any subsequent sentences imposed in other cases, whether for life or a fixed term, will be served concurrently and not consecutively, even if the Court does not explicitly state this.The Court was hearing a petition relating to Section 427 CrPC which deals with situations under which sentences should be...

School Insisting On Students To Wear Uniform Is Not 'Cruelty Against Child' U/S 75 Juvenile Justice Act: Kerala High Court

The Kerala High Court has held that the School Principal compelling students to wear uniform while in school is not an offence of cruelty to child under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.Justice A. Badharudeen said that such insistence is to maintain the discipline of school and cannot be held as an act which would cause unnecessary mental or physical...

Kerala High Court Weekly Round-Up: October 14- 20, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 634-652]Romi K J @Romy v State of Kerala, 2024 LiveLaw (Ker) 634K.T. Saidalavi v. The State Tax Officer, 2024 LiveLaw (Ker) 635Transformers And Electricals Kerala Ltd. v. The Commissioner Of Central Tax And Central Excise Central Revenue Building, 2024 LiveLaw (Ker) 636Fisal Khan v State of Kerala, 2024 LiveLaw (Ker) 637State of Kerala v Ismail...

[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...