Inquiry U/S 116(2) CrPC Must Be Carried Out In A Similar Manner To Summons Trial: Kerala High Court

The Kerala High Court held that the provision in Section 116(2) of the Code of Criminal Procedure (Cr.P.C) which says that the recording of evidence and conduct of trial in an inquiry under Section 116 shall be done 'as nearly as maybe practicable' in the manner of a summons trial would mean that the essentials of summons trial should be followed in such an inquiry.Justice A....

Defamatory Posts On Social Media Amount To "Cyber Defamation" U/S 499 IPC, Law Making It 'Cognizable' Offence Will Be Effective: Kerala HC

The Kerala High Court has held that defamation through statements or posts on Facebook and other social media platforms comes under cyber defamation, thus justifying invocation of Section 499 of the IPC, which deals with defamation.In the facts of the case, the Court stated that even excluding the Facebook posts, the petitioner is liable under Section 509 (insulting modesty of woman) of the...

Kerala High Court Bans Videography By Vloggers In Guruvayur Sree Krishna Temple's Courtyard, Except Marriage And Other Religious Rites

The Kerala High Court has directed the Guruvayur Devaswom Managing Committee and its Administrator to prohibit videography by vloggers in the Nadapanthal (outer courtyard) of the Guruvayur Sree Krishna Temple located in Guruvayur. In doing so the high court clarified that videography is only allowed in connection with marriage functions and other religious ceremonies, and is otherwise...

Fair Trial Has Sacrosanct Purpose, Both Prosecution And Accused Should Be Heard Before Scheduling Trial: Kerala High Court

The Kerala High Court has directed the trial court to postpone the date of a criminal trial noting that the order of the trial court did not show that the prosecution and accused were heard before the trial was scheduled.Justice K. Babu noted that Rule 77A(2) of Criminal Rules of Practice, Kerala 1982 mandates that both sides should be heard before fixing the date for recording...

Kerala High Court Weekly Round-Up: September 9 – September 15, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 565 – 578]Kerala Public Service Commission v Dinesh K M, 2024 LiveLaw (Ker) 565Case Title: P V Samuel v State of Kerala, 2024 LiveLaw (Ker) 566Binod B. Kumar and Another v Guruvayur Devaswom and Others, 2024 LiveLaw (Ker) 567Sreejith Mon v State of Kerala and Another, 2024 LiveLaw (Ker) 568Egadwa Mercy Adamba v State of Kerala & Connected...

Kerala High Court To Consider Whether Entry Tax/Fee Can Be Collected At Check Posts For Bringing In Eggs From Other States

A plea has been moved before the Kerala High Court challenging the action of authorities at the check posts for collecting entry fees/tax for bringing eggs from other States.The petitioners are running a business of egg stocking, packing and sales. The Director of Animal Husbandry issued an order on July 31, 2024, establishing a check post-entry fee of two paisa per egg. The petitioners...

Accused Must Be Given A Legibile Copy Of Statement Recorded By Magistrate U/S 164 CrPC: Kerala High Court

The Kerala High Court held that an accused should be given a legible copy of the Section 164 statement before the start of trial as he has the statutory right to use those statements to contradict the maker of the statement during cross-examination.For context, a Section 164 statement is a statement or confession recorded by the Magistrate under Section 164 of CrPC.The petitioner in this case...

Victim/ Informant Must Be Communicated About Deletion Of Names From Array Of Accused In Final Report: Kerala High Court

The Kerala High Court has held that an investigating officer must notify the informant or victim about removing individuals from the list of accused in the final report, if they were initially named as accused in the FIR. Additionally, the Court emphasized that upon taking cognizance of the offences based on the final report, the Magistrate must also inform the informant or victim of...

Sakha Activities, Mass Drills, Weaponry Training Are Prohibited In Temple Premises: Travancore Devaswom Board To Kerala High Court

An affidavit has been filed before the Kerala High Court stating that despite the issuance of notices to RSS members and the filing of complaints with the police, the sakha activities continue to take place at the Rakthakanda Swamy Temple in Omallur, Pathanamthitta district. The Secretary of the Travancore Devaswom Board submitted the counter affidavit on behalf of both the Devaswom...

[Actress Assault Case] Kerala High Court Declines To Quash Case Against Publisher, Chief Editor Of Newspaper For Disclosing Details Of Sexual Offence Victim

The Kerala High Court declined to quash proceedings under Section 228A of the IPC against the Printer and Publisher and Chief editor of Rashtra Deepika Publications, Kottayam for disclosing the details of victim in 2017 actress assault case. Justice A. Badharudeen ordered that a prima facie offence was made out against the petitioners and dismissed the case.“In this matter, the 1st accused...

Kerala High Court Grants Bail To One PFI Member Accused In RSS Leader Sreenivasan's Murder, Denies Bail To Two Others

The Kerala High Court has granted bail to one Shihab P, an alleged member of the Popular Front of India, accused for murder of RSS leader Sreenivasan at Melamuri Junction in Palakkad Town in Kerala on April 16, 2022.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. found no reasonable ground to believe that the accusations made against him are prima...

Kerala High Court Directs DLSA To Provide Assistance To Family Of 9-Yr-Old Hit-And-Run Victim To Get Accident Compensation

The Kerala High Court directed the Kozhikode District Legal Service Authority (DLSA) to render all necessary assistance to the family of the minor child Drishana to help them submit claims to get victim compensation for being a road accident victim.Reportedly, 9-year-old Drishana got hit by a moving car in February 2024. The vehicle did not stop after the accident. She has been in a state...