Kerala High Court
CJI DY Chandrachud To Inaugurate Country's First Digital Court For NI Act Cases, Other Projects At Kerala High Court
On August 16, 2024, there will be the inauguration of Digital Courts and other innovative initiatives relating to the judiciary in the Kerala High Court.Chief Justice of India D Y Chandrachud will deliver the inaugural address and officially inaugurate various projects including the Country's first exclusive Digital Court for Negotiable Instrument Act Cases in Kollam. The inauguration of...
Compensation To Discontinue Commodity Brokerage Business Chargeable To Income Tax: Kerala High Court
The Kerala High Court has held that the amount received by the assessee is under an agreement for not carrying out any activity in relation to any business that was carried on by the assessee; it would attract the provisions of Section 28(va)(a) of the Income Tax Act and make the receipt chargeable to income tax under the heading of “Profits and gains of business or profession.”.The bench...
Kerala High Court Seeks State's Stand On BJP Leader's PIL Alleging Illegal Beach Sand Mining Under Guise Of Disaster Management
A PIL has been filed by lawyer and BJP leader Shone George before the Kerala High Court alleging illegal mining and exploration of beach sand minerals from Thottappally area of Alappuzha district and other coastal areas in the State under the guise of The Disaster Management Act.The Division Bench comprising Acting Chief Justice A.Muhamed Mustaque and Justice S Manu observed that a...
Kerala High Court Refers Parties To Counselling In Pantheerankavu Domestic Violence Case
The Kerala High Court has directed Rahul P Gopal, accused of attempting to strangle his wife using cable wire after she failed to fulfil his dowry demands, to appear for counselling before the Kerala State Legal Services Authority (KeLSA). The wife has also been asked to appear before the authority.Rahul and his family have been charged under Sections 324, 498A, 307, and 212 of the IPC. His...
Public Discussion Crucial To Solve Gender Issues In Malayalam Cinema, Apprehension That Media Will Malign 'Misplaced': Kerala High Court
The Kerala High Court has called for public debate and discussion to ensure that recommendations made by Justice Hema Committee, to alleviate grievances regarding harassment and discrimination raised by women working in Malayalam film industry, are implemented promptly.Bench of Justice V. G. Arun thus dismissed the petition filed by producer Sajimon Parayil against publication the...
Kerala High Court Quashes Section 377 IPC Charge Against Husband, Discusses Absence Of An Equivalent Provision In BNS
The Kerala High Court recently quashed the criminal proceedings initiated by a woman against her husband for offence under Section 377 IPC. The Court observed that after the definition of rape in Section 375 was amended in 2013, forcible acts of oral sex committed by a male accused on a female victim is an offence of rape. However, since a wife can't prosecute her husband for offence of...
TransUnion CIBIL Must Update Credit Ratings On Time, Borrowers' Reputation Integral To Right To Dignity And Privacy Under Article 21: Kerala HC
The Kerala High Court has ruled that if a Credit Information Company such as TransUnion CIBIL Limited fails to update the credit ratings of its borrowers promptly, it would infringe upon their fundamental rights.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. held that borrowers reputation is protected under right to dignity and privacy guaranteed...
Kerala High Court Dismisses Challenge To Publication Of Justice Hema Commission Report On Issues Faced By Women In Malayalam Film Industry
The Kerala High Court has dismissed the plea challenging publication of report submitted by Justice Hema Commission, tasked with studying and suggesting solutions for issues faced by women in the Malayalam film industry.Bench of Justice VG Arun directed that the report be published within a week. Detailed copy of the judgment is awaited,While pronouncing the order in open Court, the Judge...
Gram Nyayalaya Lacks Jurisdiction To Deal With Applications Under Muslim Women (Protection Of Rights On Divorce) Act: Kerala High Court
The Kerala High Court has held that Gram Nyayalaya under the Gram Nyayalayas Act, 2008 lacks jurisdiction to consider applications filed under the Muslim Women (Protection of Rights on Divorce) Act, 1986.Justice Bechu Kurian Thomas found that Gram Nyayalaya cannot deal with applications filed under the Muslim Women (Protection of Rights on Divorce) Act seeking maintenance or mahr to be given...
Lawyer Moves Kerala High Court Seeking Implementation Of E-Stamp Facility, Cites Shortage Of Non-Judicial Stamp Papers
A plea has been moved before the Kerala High Court by a lawyer stating that there is a shortage of non-judicial stamp papers below the denomination of rupees thousand in the State.The plea thus seeks a direction to the Director of the Department of Treasuries to implement steps for the implementation of the e-stamp facility for the issuance of non-judicial stamp papers of all denominations...
No Fundamental Right To Elect Or Be Elected: Kerala High Court
The Kerala High Court has held that the Court have to strictly go by the law and cannot apply rules of equity in an election matter. The Court held that right to elect though fundamental to a democracy is neither a fundamental right neither a common law right.Justice C. S. Sudha observed:“Outside of statute, there is no right to elect, no right to be elected and no right to dispute an...
Be Vigilant Of Unwanted Defamation Cases Against Press, Media Persons: Kerala High Court To District Judiciary
The Kerala High Court has directed the judicial officers of the district judiciary to exercise caution when considering allegations of defamation against newspapers and media personnel.Justice A. Badharudeen observed that unwanted legal prosecutions against newspapers and media persons under Sections 499 and 500 of the IPC would amount to violation of Freedom of the Press and people's right...