Kerala High Court
Mere Messages Or Chats With Minor Without 'Sexual Intent' Not Sexual Harassment U/S 11 POCSO Act: Kerala High Court
The Kerala High Court has quashed criminal proceedings instituted against a 24-year-old man, accused of sending messages and making calls to a 17-year-old girl, causing her disturbance.The crime was registered against the petitioner under Section 354D (stalking) of the IPC, Section 11(iv) (sexual harassment) and Section 12 (punishment for sexual harassment) of the POCSO Act. Justice...
Kerala High Court Weekly Round-Up: September 23 – September 29, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 588 – 605]State of Kerala v Adwaitha S & Connected Matters, 2024 LiveLaw (Ker) 588Jayasoorya v State of Kerala, 2024 LiveLaw (Ker) 589Asha Lawrence v State of Kerala & Others, 2024 LiveLaw (Ker) 590Xxx v State of Kerala, 2024 LiveLaw (Ker) 591Smt Anitha T v Kerala State Civil Supplies Corporation Limited, 2024 LiveLaw (Ker) 592Rajesh...
'Absence Of Free Press The Absence Of Democracy' : Kerala High Court Sets Aside Bail Condition Restricting Online Media From Airing A News
The Kerala High Court has lifted the bail condition imposed by the Sessions Judge on the Managing Editor of YouTube News Channel 'i21 News' to not air any news related to the death of Sri K. P. Yohannan, the former Supreme Head of Believers Eastern Church. He had filed a complaint before the State Police Chief saying that there was foul play behind the death of the Bishop. The Sessions Court...
Refusal Of Passport Not Arbitrary If Foreign Travel Not In Public Interest/ May Prejudice India's Friendly Relations: Kerala High Court
The Kerala High Court recently refused to interfere with a Special Court's decision to refuse a 32-year-old man accused of committing human and drug trafficking, permission to travel abroad, adding that the order stands the "test of constitutionality".A single judge bench of Justice K Babu in its order observed, "The genuine apprehension that the presence of a citizen of India in a...
Kerala High Court Directs State To Complete Revalidation Of ₹20 Stamp Papers Within Three Weeks
The Kerala High Court has directed the State government to complete the revalidation process of stamp papers of rupees 20 denomination which are remaining unused in the Treasury within a period of three weeks.The Court also directed the government to make a decision regarding the procurement of six lakh stamp papers of rupees 50 denomination within a period of three weeks which are...
Kerala High Court Quashes FIR U/S 153 IPC Against Jewish Australian Woman Who "Tore" Posters Creating Impression On Palestine-Israel War
The Kerala High Court recently quashed an FIR registered against an Australian woman of Jewish descent booked for provoking rioting under Section 153 IPC for allegedly tearing two posters in Fort Kochi, which had "apparently" created an impression in her mind about the ongoing Palestine-Israel war. For context, Section 153 pertains to wantonly giving provocation, with intent to cause riot...
Kerala HC Cautions Parents Against Taking Tender Age Children To Protests For Grabbing Attention, 'Wilful Neglect' Will Attract Strict Action
The Kerala High Court has cautioned parents against the rising "trend" of taking small, tender age children to protests and agitations, merely to grab the attention of authorities.The bench of Justice P.V.Kunhikrishnan said such actions often expose the young lives to extreme temperatures, loud noises, crowds and conflicts- causing them emotional trauma, and therefore held that Police can...
Entire TDS Along With Penal Interest Stands Paid By Taxpayer Upon Intimation By I-T Dept.: Kerala HC Quashes Proceedings U/s 276B Of Income Tax Act
The Kerala High Court held that taxpayer cannot be prosecuted u/s 276B of Income tax Act simply because of failure to deduct and pay TDS to the government, once the non-compliance was sorted out and the tax along with penalty was sufficiently deposited to the government, after being informed of the delinquency. As per Section 276B of the Income Tax Act, if a person fails to pay...
CPI(M) Leader MM Lawrence's Body Donation: Daughter Moves Kerala High Court Challenging Decision Of Medical College Principal
Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence has approached the Kerala High Court again aggrieved by the order of the Principal of the Ernakulam Government Medical College hospital for rejecting her objections to conduct the funeral as per Christian rites and rituals.The petitioner had approached the High Court challenging the decision of her siblings and the CPI(M) to donate...
Offences Bailable, Kerala HC Closes Akhil Marar's Anticipatory Bail Plea In Case For Discouraging Contributions To CM Disaster Relief Fund
The Kerala High Court has closed the anticipatory bail petition filed by Malayalam film director Akhil Marar on the report of the Public Prosecutor that the offences alleged against him are bailable. Marar is booked under Sections 45 (abetment) & 192 (provocation to cause riot) of Bharatiya Nyaya Sanhita (BNS) and Section 51 (obstruction of officer or refusal to comply with direction)...
Kerala HC Asks Govt About Feasibility Of State-Wide Campaign For Collecting Electronic Waste, 'Extended Producer Responsibility' Of Manufacturers
The Kerala High Court today asked the government about the possibility of conducting a campaign across the State for the collection of electronic waste.The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P orally stated that citizens must be at least given one opportunity to dispose of their electronic waste. The Court thus directed the Special Secretary of the...
Trial Courts/ Tribunals Must Not Adjourn Cases Based On Oral Submission Of Parties That Matter Is Stayed: Kerala HC Issues Guidelines
The Kerala High Court has directed Trial Courts and Tribunals to not adjourn cases based solely on the oral submission of advocates or parties that the matter has been stayed by the High Court. The Court noted that advocates/parties often claim that there is a stay order from the High Court to adjourn proceedings, when in fact, there is no stay order.Justice P.V.Kunhikrishnan thus stated...