Whether Income Received By Kerala Cricket Association Would Be Exempted Income Or Not? Kerala High Court Remands Back Matter To ITAT

The Kerala High Court has remanding the matter to the Income Tax Appellate Tribunal (ITAT) to determine whether income received by the Kerala Cricket Association during the assessment years 2010-11, 2012-13, and 2013-14 would partake of the nature of exempted income going by the provisions of Section 2(15) of the Income Tax Act.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam...

Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court

The Kerala High Court has held that a woman who complains of being in a loveless relationship with her husband who is allegedly living a wayward life and acting under the influence of alcohol would not be able to enumerate each and every incident of cruelty.The Division Bench of Justice Devan Ramachandran and Justice C. Pratheep Kumar were considering an appeal filed against the decision of...

Limitation Under A& C Act Not Applicable To Arbitration Under Other Acts Unless Expressly Mentioned: Kerala High Court

The Kerala High Court held that for arbitration proceedings other than under the Arbitration and Conciliation Act, the provisions of the Limitation Act would not apply unless expressly mentioned in the law under which the arbitration proceedings were inititaed. It was thus observed that the Limitation act would not apply to arbitration proceedings under the National Highways Act.The respondent...

[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC

The Kerala High Court has held that the mode of examining a victim through the Special Court (intermediary) in a POCSO case as per Section 33 (2) of the POCSO Act remains unchanged even if the victim attains the age of majority during the trial.Section 33 (2) of the POCSO Act mandates that the Special Public Prosecutor or the defence counsel shall give their questions to the Special Court,...

Kerala High Court Issues Directions To Ensure Safety Of Pilgrims During Karkidakavavu Festival Due To Adverse Weather Conditions

The Kerala High Court today invoked its parens patriae jurisdiction to issue directions for ensuring the safety of pilgrims and others during the Balitharpanam and Karkidakavavu rituals conducted by devotees in public places such as Shanghumukham, Thirumullavaram, Varkala and other places during the Karkidakavavu festival on August 3, 2024. During the Karkidakavavu festival, Hindu...

Kerala High Court Grants Bail To 22-Yr-Old Woman Accused In Kollam Child Kidnapping Case

The Kerala High Court has allowed the bail application of Anupama, a 22-year-old daughter of the family who was allegedly involved in kidnapping a six-year-old minor female child in Kollam district.The kidnapping of the minor girl for ransom on November 2023 shocked the entire State, with Anupama being named as the third accused in the case. Her parents were arrayed as the first and...

Kerala High Court Allows Rajya Sabha MP A.A. Rahim To Retain His Diplomatic Passport For The Rest Of His Tenure

The Kerala High Court allowed the appeal filed by Rajya Sabha MP A. A. Rahim challenging the order of Judicial First Class Magistrate – III, Thiruvananthapuram allowing him to hold a diplomatic passport for only two years.A. A. Rahim has been a Member of Parliament in the Rajya Sabha since April 2022 and a Member of the Parliamentary Standing Committee on Transport, Tourism and Culture....

Illegal 'Talaq-E-Sunnat' Not Punishable As 'Triple Talaq': Kerala High Court

Kerala High Court in a recent judgment held that if the intention is not to pronounce instantaneous and irrevocable talaq, it cannot be considered as talaq–ul–biddat.The petitioner had sought quashing of the proceedings against him before the Judicial Magistrate First Class. The respondent had accused him of committing an offence under the Muslim Women (Protection of Rights on Marriage)...

Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court

The Kerala High Court held that a male child who has attained majority cannot claim maintenance from their father as per the provisions of the Protection of Women from Domestic Violence Act, Section 125 of CrPC and Section 20 (3) of the Hindu Adoption and Maintenance Act.Justice P.G. Ajithkumar stated, "Thus, none of the said provisions entitles a male child who has attained majority to...

"Cartoonists Entitled To Freedom Of Expression": Kerala High Court Quashes Case Over Malayala Manorama Caricature 'Insulting' National Flag

The Kerala High Court has held that cartoonists, being a part and parcel of the Press and Media, are entitled to Freedom of Expression guaranteed by Article 19 (1) (a) of the Constitution of India.The Court thus quashed proceedings initiated against the Printer and Publisher, Editorial Director, Managing Editor, Editor and Chief Editor of Kerala news daily 'Malayala Manorama', under Section 2...

POCSO Courts Must Be Vigilant Where Mother Embroiled In Custody Battle Accuses Father Of Sexually Abusing Child: Kerala High Court

The Kerala High Court has cautioned the POCSO Courts to be vigilant whilst considering allegations of child's sexual abuse levelled by his/her mother against the father, especially when there are ongoing matrimonial and custody disputes between them.In this case, the wife, had accused her husband of sexually harassing their 3-year-old daughter. The couple was also engaged in an ongoing...

Kerala High Court Weekly Round-Up: July 22 – July 28, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 459 – 479]Case Title: Saheer E.P. v National Investigating Agency, 2024 LiveLaw (Ker) 459xxx v State of Kerala, 2024 LiveLaw (Ker) 460Aboobakkar @ Abu v State of Kerala, 2024 LiveLaw (Ker) 461Saritha K. P. v State of Kerala and Others, 2024 LiveLaw (Ker) 462State of Kerala v Thomas Chacko @Shibu and Connected Matter, 2024 LiveLaw (Ker) 463T...