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...

Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC

The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC.Justice K. Babu laid down thus:“In exercising his jurisdiction under Sections 227 and 239 of...

MWPRD Act | Divorced Lady Must Reside Within Jurisdictional Limit Of Magistrate To Avail Benefit Of Act: Kerala HC Denies Relief To Malaysian Citizen

The Kerala High Court has quashed a complaint filed under the Muslim Women (Protection of Rights on Divorce) Act (MWPRD Act) by a woman with Malaysian citizenship. Section 2(c) of MWPRD Act defines Magistrate as Magistrate of First Class exercising jurisdiction under Code of Criminal Procedure in the area where the divorced woman resides. The complainant had argued that the complaint...

[POCSO] Not Safe To Fasten Liability On Cop Who Waited To Record Informant/Victim's Statement Due To Unavailability Of Female Officer: Kerala HC

The Kerala High Court has held that there is no scope to put criminal liability on a police officer for asking the victim and her mother to come the next day to give their statement regarding an offence under the Protection of Children Under Sexual Offences Act (POCSO Act) due to there not being any woman officer at the police station.The court said that while a police officer is...

Denying Ordinary Leave To Convicts Has Detrimental Effect, Reduces Chances Of Rehabilitation And Re-Socialization: Kerala High Court

The Kerala High Court has held that denial of ordinary leave to convicts can be detrimental since it reduces their chances for better rehabilitation and re-socialization into society. The Court further stated that ordinary leave cannot be denied to convicts by relying upon vague police reports.The petitioner, a convict undergoing life imprisonment for murdering his father has approached the...