Whether Consent Was Obtained Based On Mistake Of Fact On Promise Of Marriage To Be Determined At Trial: Kerala HC Declines To Quash Rape Case

The Kerala High Court held that when prosecution allegations make out prime facie case, then whether a sexual relationship took place after obtaining consent on the misconception of fact on the promise of marriage has to be decided during evidence.The petitioner was alleged to have committed sexual intercourse with the de facto complainant by giving her promise to marriage. He has approached...

Complainant Being Social Worker Should Have Complained Against Sexual Assault Without Much Delay: Kerala HC Stays Proceedings In Rape Case

The Kerala High Court has allowed a plea to quash the final report and stay further proceedings in a case of rape. The Court observed that the complainant being a social worker ought to have raised a complaint against the alleged sexual assault without much delay. Reportedly, there was a delay of three and a half months in filing the F.I.R.Justice A. Badharudeen observed:“The...

Writ Court Has Jurisdiction Over Non-Statutory Contractual Dispute If State Acts Arbitrarily: Kerala High Court

The Kerala High Court has held that the Writ Court does not always lack jurisdiction to address disputes involving a 'State' entity under Article 12 when it enters into a purely contractual relationship with a private party.The High Court was considering a writ appeal filed by the Indian Space Research Organization (ISRO) challenging the order in the writ petition that directed them to...

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court

The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it.The Bar Council of India after considering that a large number of people have enrolled with the Bar Council of...

Shifting Bio Toilets From Sabarimala To Relief Camps In Wayanad Not Feasible Due To Large Number Of Expected Pilgrims: Kerala High Court

The Kerala High Court has stated that it will not be feasible to direct the Travancore Devaswom Board to shift 15 bio toilet units kept at Sabarimala to relief camps at Wayanad due to the anticipated large number of pilgrims for Chingamasapooja from August 16, 2024.The Division Bench comprising Justice Anil K. Narendran And Justice Harisankar V. Menon observed thus: “we are of the view that...

Kerala High Court Weekly Round-Up: July 29- August 04, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 480 – 505]Sajid Muhammedkutty v State of Kerala and Another, 2024 LiveLaw (Ker) 480Moidutty Musliyar v Sub Inspector Vadakkencherry Police Station, 2024 LiveLaw (Ker) 481Rasheeda Bano v Union of India, 2024 LiveLaw (Ker) 482Intersource Exports (P) Ltd. Versus Deputy Commissioner Of State Tax, 2024 LiveLaw (Ker) 483XXX V State of Kerala, 2024...

Bail U/S 45(1) PMLA Can Be Given To Sick Or Infirm: Kerala High Court Grants Interim Bail To Former KPCC General Secretary

The Kerala High Court has granted bail to K. K. Abraham, former general secretary of the Kerala Pradesh Congress Committee (KPCC). Justice C. S. Dias passed the order after considering the health issues of the accused. The Court has not passed any final orders on the bail application.Mr. Abraham was arrested by the Enforcement Directorate in a case of co-operative bank fraud and was in...

Kerala High Court Alters Murder Conviction Of Ex-CPI(M) Leader Who Was Sentenced To Death

The Kerala High Court has set aside the death sentence awarded to former CPI(M) local leader and Chairman of Cherthala Municipal Standing Committee, R. Baiju convicted by the Additional Sessions Judge, Alappuzha of murdering Divakaran, a member of the Indian National Congress. A division bench of Justice P. B. Suresh Kumar and Justice M. B. Snehalatha found that the charge of murder was...

'Media Entitled To Discuss Publicly Available Book': Kerala High Court Quashes Defamation Case For Discussing Book On Mata Amritanandamayi

The Kerala High Court quashed a defamation case against media persons of Reporter Channel who aired a show called 'Big Story' that discussed a book about Mata Amritanandamayi and her Math. The Court stated that media persons can conduct discussions about books available in the public domain and doing so would only constitute fair comment or criticism, which falls under their freedom of...

Kerala High Court Monthly Digest: July 2024 [Citations: 397-494]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 397- 494]Sali T. v Keezhmadu Service Co-operative Bank, 2024 LiveLaw (Ker) 397Arshad v State of Kerala, 2024 LiveLaw (Ker) 398Association of Clinical Microbiologists and Biochemists v Akhil James and Others, 2024 LiveLaw (Ker) 399Satish Motilal Bidri v Union Of India, 2024 LiveLaw (Ker) 400N S Gopakumar v The Oriental Insurance Company Ltd.,...

Kerala HC Declines To Quash FIR Against Doctor & Hospital Staff Booked For Sharing Images, Videos Of Woman Undergoing Surgery To Deliver Triplets

The Kerala High Court has dismissed a petition filed by a doctor and hospital staff who approached the Court to quash proceedings initiated against them for allegedly taking and sharing videos and images of a woman undergoing a cesarean operation to deliver three children, through WhatsApp.The crime was registered against the doctors under Section 354(C) (Voyeurism) of IPC, Sections...

Settlement Affidavit Cannot Be Relied On To Quash Rape Case, Nature Of Victim's Relationship With Accused To Be Decided In Trial: Kerala HC

The Kerala High Court has stated that serious offences alleged against the accused like rape cannot be quashed merely based on a settlement affidavit filed by the defacto complainant.Justice A. Badharudeen dismissed the petition filed by the accused stating that whether the relationship was consensual or not were matters to be decided in a trial. It was held that:“Whether the relationship...