Kerala High Court
S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC
The Kerala High Court has held that having carnal intercourse against 'the order of nature' mentioned in Section 377 of the Indian Penal Code looks only into the nature of the act and not the relationship of the parties involved. A Division Bench of Justice Raja Vijayaraghavan V. and Justice G. Girish was hearing an appeal where the appellant was convicted of raping his daughter by the...
Kerala High Court Weekly Round-Up: August 5 - August 11, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 506 – 522]Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 506Bar Council of Kerala and Others v Unnikrishnan H. and Others, 2024 LiveLaw (Ker) 507K. S. Sivarajan v State of Kerala and Others, 2024 LiveLaw (Ker) 508Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd, 2024 LiveLaw (Ker) 509P. M. Kurian v Deepa...
Kerala HC Admits Plea Challenging State Co-Op Bank's Award Of Tender For Supplying Micro-ATM Machines To Sub-Dealers Of Chinese Manufacturer
The Kerala High Court has admitted a plea challenging the decision of Kerala State Co-operative Bank to award the tender of supplying 2,000 micro ATM machines to certain companies who are sub-dealers of a Chinese Manufacturer.The plea alleged that the usage of micro ATMs by Chinese Manufacturers in sensitive sectors like banking is a security hazard to the nation. It argues that allowing...
'Public Place' U/S 294(b) IPC Includes Areas Where Obscenities Can Cause Annoyance To Those In Vicinity, Not Limited To Public Spaces Alone: Kerala HC
The Kerala High Court recently held that when an obscene act is committed to the annoyance of others in any public place in or near any public place attracts an offence under Section 294 of the Indian Penal Code.Justice A. Badharudeen added that 'in or near public place' mentioned in Section 294 (b) of the IPC is wide enough to include areas in the vicinity of public places and does not limit...
Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High Court
The Kerala High Court has directed that stringent conditions, at least in the form of a bank guarantee must be imposed while directing the release of vehicles dumping waste onto public property.The petitioner was alleged to have committed a serious crime of dumping septic waste into a water source and his vehicle was seized. The magistrate dismissed his application for interim custody of...
Uploading Assessemnt Orders After GST Registration Cancellation, Petitioner Failed To Check Website, Kerala High Court Grants Opportunity To Challenge On Deposit
The Kerala High Court has quashed the assessment orders and remanded the matter back on condition of remitting Rs. 10 lakhs towards the GST liabilities.The bench of Justice Gopinath P. has observed that the registration of the petitioner had been cancelled in the month of December 2021, and the petitioner had also stopped business. The assessment orders were issued only in the month of...
Kerala High Court Orders Counselling For Cousins Falsely Accused In POCSO Case, Calls State To Implement Guidelines To Prevent Misuse
The Kerala High Court has allowed the bail applications moved by two boys aged 19 and 20 years old, cousins of a 17-year-old girl who lodged a false POCSO case against them for objecting to her love affair.The petitioners were alleged to have committed rape, sexual assault and outraging the modesty of women. The crime was registered against them alleging commission of offences under...
Compounding Of Offences U/S 67A Of Akbari Act Is Equivalent To S. 320(8) CrPC, Has The Effect Of Acquittal: Kerala High Court
The High Court held that the principle of compounding of offence applicable for Section 320(8) of the Code of Criminal Procedure (Cr.P.C) is also applicable to the compounding of offences under Section 67A of the Abkari Act. Section 320(8) of the CrPC says that compounding will have the effect of acquittal.The petitioners in this case were alleged to possess large quantities of beer in...
Kerala High Court Pulls Up Lawyer For Seeking 'Cheap Publicity' By Filing Meritless PIL Alleging Misuse Of Wayanad Landslide Relief Funds
The Kerala High Court came down heavily on a lawyer who approached the Court with a Public Interest Litigation requesting the establishment of a centralized system for collecting and managing the disaster relief funds meant to aid landslide victims in Wayanad. The petitioner alleged that the funds being collected for the relief of the Wayanad landslide victims, were not reaching the...
Wayanad Landslide: Kerala High Court Appoints Amicus, Calls For 'Holistic Approach' To Avoid Natural Disasters
The Kerala High Court has appointed Senior Advocate Ranjith Thampan as Amicus Curiae to assist it in the suo moto case, initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. noted that while there are numerous legislations and authorities...
Kerala High Court Stops Construction In Hilly Terrain With Steep Slopes
Kerala High Court has ordered interim stay on any construction in hilly terrain with steep slopes. The Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu said there is no clarity in the rule allowing such construction. The order was passed keeping in mind the ecological imbalances created by such construction.“We cannot for the time being, allow construction in...
Wayanad Landslides: Plea In Kerala High Court Seeks Disaster Relief Fund Management And Oversight Of House Construction For Victims
The Kerala High Court will be considering a writ petition moved by a lawyer seeking measures from the State Government, Director General of Police, Wayanad District Collector to come up with a centralized mechanism for collection and management of disaster relief funds intended for assisting landslide victims in Wayanad.The plea also seeks directions to ensure that the construction of the...