Kerala High Court
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...
Assessments Getting Time Barred By 31.03.2017 Can Continue Only Upto 31.03.2018: Kerala High Court
The Kerala High Court has held that the assessments that were getting time barred by 31.03.2017 can continue only up to 31.03.2018.The bench of Justice Gopinath P. has observed that there was no material to conclude that notice was actually issued on 18.03.2018, as it is quite unlikely that a notice dated 18.03.2018 was not served on the petitioner till 25.03.2019. It is also seen from the...
CM Pinarayi Vijayan Had No Personal Gain In CMRL-Exalogic Transactions, All Property Legally Accounted For: Govt Tells Kerala High Court
The Kerala government has informed the High Court that Chief Minister Pinarayi Vijayan received no personal gains from the transactions between State-owned Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions, a company owned by his daughter Veena Thaikandiyil.Director General of Prosecution TA Shaji informed single bench of Justice K. Babu that the transactions were based on a...
Kerala HC Directs Centre To Grant Citizenship To Two Women Who Migrated From Pakistan As Minors, Not Insist On Renunciation Certificate
The Kerala High Court has directed the Union Government to grant Indian citizenship to two women aged 21 and 24, without insisting upon a Renunciation certificate from the Pakistan government. The Court stated that the government cannot compel the petitioners to produce a Renunciation Certificate since they migrated to India after surrendering their Pakistani passports before attaining the age...
Can This Court Direct Parliament To Rename Laws? Kerala High Court Asks In Plea Challenging Hindi Titles BNS, BNSS, BSA
While hearing a PIL challenging Hindi titles for the new criminal laws, the Kerala High Court today asked if it has the power to direct the Parliament to change the names of the enactments.The Division Bench comprising Acting Chief Justice A. M. Mustaque and Justice S. Manu while reserving the matter for orders orally remarked,“Can this Court direct the Parliament to rename the...
Police Officer In Kerala Accused In Passport Fraud Case; Matter To Be Investigated By Crime Branch
The probe into alleged involvement of two Kerala police officials in a passport fraud will be probed by the Crime Branch, the High Court was told on Friday. Anzil A., an officer in Thumba Police Station, Trivandrum was booked for hatching a conspiracy with 4 other persons to obtain passports for various persons using forged documents. A racket is alleged to have been working to help people...
Prohibition Of Child Marriage Act Supersedes Muslim Personal Law : Kerala High Court
The Kerala High Court has ruled that the Prohibition of Child Marriage Act, 2006 will supersede the Muslim Personal Law (Shariat) Application Act, 1937. The Court stated that every Indian citizen regardless of their religion and location is bound to adhere to the law prohibiting child marriage.Justice P. V. Kunhikrishnan stated that a person's primary status as a citizen of the country...
Kerala High Court Allows Adjustment Refund Amount Towards Amount payable under Amnesty Scheme
The Kerala High Court has held that it is open to the department to consider an adjustment of the refund amount due to the appellant towards the amounts due from him by way of settlement under the Amnesty Scheme.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has quashed the order passed by the Single Bench in which it was held that the Amnesty Scheme was essentially...
Goods Transported For Own Use, No Intention To Evade Tax, Kerala High Court Deletes Penalty
The Kerala High Court has held that the assessee, immediately after the goods were detained, produced the statutory declarations in Form 16 to demonstrate that the goods that were being transported were for the own use of the assessee.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M., while upholding the Tribunal's order, observed that there was no intention on the...
Kottayam Bar Association Protest: Kerala High Court Orders 28 Lawyers To Offer Legal Aid Services For 6 Months
The Kerala High Court has ordered 28 lawyers of the Kottayam Bar Association to offer legal aid services for a period of 6 months, on accepting their unconditional apology for purging the contempt charges against them.The Court had initiated suo moto contempt proceedings against these lawyers for protesting and allegedly hurling abusive language against a female Chief Judicial Magistrate...
Trivandrum Is Like A Dump Site, Plastic Waste Flowing Into Canals Is Embarrassing For Capital City: Kerala HC Calls For Enhanced Waste Management
The Kerala High Court expressed its vision of having a clean capital city in the State. The Court remarked that the plastic waste flowing into the canals including the Aamayizhanchan canal is an embarrassment for the capital city. Last week, the Court conducted a special sitting after the death of a sanitation worker in the Aamayizhanchan canal. The Court had directed the Amicus Curiae to...
Sexual Crimes Can't Be Settled On Compromise But 'Peaceful Family Life' A Humanitarian Ground If Accused & Victim Marry: Kerala High Court
The Kerala High Court has held that crimes that tarnish women's dignity and honour, such as rape, POCSO Act offences cannot be quashed on compromise or settlement. However, if the accused and victim have married and are living together peacefully, this may be a humanitarian ground to allow the quashing of the case.The 1st accused, in this case, was alleged to have sexually assaulted a...