Kerala High Court
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...
'Hema Committee Report Reveals Commission Of Cognizable Offences': Kerala High Court Directs SIT Probe As Per Section 173(3) BNSS
The Kerala High Court has directed the Special Investigating Team (SIT), constituted by the Government to inquire into the allegations made in the Justice Hema Committee Report, to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Section 173 of the BNSS deals with the registration of FIR when information is received regarding the commission of...
Issuance Of Summons U/S 70 Of CGST Act Doesn't Initiate Proceedings U/S 6(2)(B) Of CGST Act: Kerala High Court
The Kerala High Court held that the initiation of an enquiry or the issuance of summons under Section 70 of the CGST Act cannot be deemed to be initiation of proceedings for the purpose of Section 6(2)(b) of the CGST Act. The Bench of Justice Gopinath P. observed that “The term 'initiation of any proceedings' is no doubt a reference to the issuance of a notice under the provisions...
Kerala High Court Constitutes Committee For Welfare, Happiness And Grievances Of Judicial Officers
The Kerala High Court has constituted a Committee for the Welfare, Happiness and Grievances of Judicial Officers of the District Judiciary. The committee was constituted following the orders made by Justice A. M. Mustaque while he was serving as Acting Chief Justice of the High Court.An email id has been created exclusively for redressing the grievances of the judicial officers. A...
Kerala High Court Advises Celebrities To Exercise Self-Restraint, Avoid Depicting Women In Derogatory Manner
The Kerala High Court today orally advised actors and celebrities to restrain from taking up roles and characters that depict women in a derogatory manner.The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, constituted to hear matters connected with the report of Justice Hema Committee, observed that since celebrities are capable of influencing the public, they have...
Actress Assault Case : Kerala High Court Dismisses Survivor's Application To Quash Fact-Finding Inquiry On Memory Card
The Kerala High Court dismissed the application filed by the survivor in the 2017 actress sexual assault, involving Malayalam actor Dileep. The survivor filed the application to set aside or quash the fact-finding inquiry report dated January 08, 2024, submitted by the Ernakulam Sessions and District Judge. The application also sought to appoint a Special Investigation Team to investigate...
Kerala High Court Weekly Round-Up: October 7 – October 13, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 617 – 633]Shastra Sharman Namboothiripad and Others v State of Kerala, 2024 LiveLaw (Ker) 617Santhosh K S v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 618Suo Motu Proceedings Initiated by High Court v State of Kerala and Others, 2024 LiveLaw (Ker) 619Abdul Noushad @ Noushad Ahsani v State of Kerala, 2024 LiveLaw (Ker) 620Navas P K...
Decision To Treat Employees Quitting Service Due To Disability Differently From Those Retiring On Superannuation Is A Policy Matter: Kerala High Court
A single Bench of Kerala High Court comprising Justice N. Nagaresh dismissed a writ petition filed by P.K. Jayan, a goods auto driver, seeking enhancement of his disability pension under the Kerala Motor Transport Workers Welfare Fund Board Scheme. The court ruled that the petitioner was only entitled to the disability pension as per the Scheme's provisions, not the higher...