'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court

The Kerala High Court has quashed the proceedings initiated against a man for allegedly making 'sexual gestures' degrading women's dignity, since disclosure of sexual gestures or acts was not discernible from the FIR, Final Report or other materials.Justice A. Badharudeen quashed the proceedings initiated against the petitioner under Section 119 (1)(a) of the Kerala Police Act, 2011....

[KAAPA] Period Of Detention Can Only Be Fixed By Govt Upon Getting Advisory Board's Report, Can't Be Fixed By Magistrate: Kerala High Court

The Kerala High Court declared that under the provisions of the Kerala Anti–Social Activities (Prevention) Act, 2007 (KAAPA), the District Magistrate does not have the power to fix the period of detention. Only the Government can fix the period, that too, after receiving the report of the Advisory Board.The Court Observed:“Only the Government is vested with the power to fix the period...

Woman's Partner In Live-In Relationship Cannot Be Prosecuted For Offence Of Cruelty U/S 498A IPC: Kerala High Court

The Kerala High Court has held that a woman's partner who is not legally married cannot be prosecuted under Section 498A of the IPC for the offence of cruelty. The Court clarified that husband means married man, woman's partner in marriage and does encompass a woman's partner without legal marriage for prosecution under Section 498A of the IPC.Justice A. Badharudeen thus quashed the...

Plea In Kerala High Court Seeks Inquiry Against Calicut University Vice Chancellor Over Alleged Misappropriation Of Funds

A plea has been moved before the Kerala High Court by the elected member to the Senate of the Calicut University alleging misappropriation of funds by the University's Vice-Chancellor. The allegation was regarding the misappropriation of crores of money by the Vice Chancellor for the purchase and installation of Automatic Storage and Retrieval System (ASRS) which are automated racks used...

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. It observed that the Court should not embark upon an enquiry into the reliability or genuineness of the allegations.Justice K. Babu observed:“It is settled by a long course of decisions of the Apex Court that for the purpose...

No Material To Show Involvement Of Any Transnational Racket In Forced Gender Change Operations: Kerala High Court Declines CBI Inquiry

The Kerala High Court has dismissed the plea moved by a father seeking CBI investigation alleging that his minor son's photographs were illegally used for raising funds for hormone replacement therapy.Justice Bechu Kurian Thomas observed that allegations of involvement of transnational racket or gang in doing forced gender change operations were vague and baseless.“Bearing in mind the...

Kerala High Court Initiates Suo Moto Proceedings To Prevent Unauthorized Use Of National And State Emblems, Govt Boards On Motor Vehicles

The Kerala High Court yesterday directed the Registry to initiate suo moto proceedings after obtaining orders from the Acting Chief Justice to consider the issue of unauthorized use of national and state emblems as well as government boards on vehicles.The Division Bench comprising Justice Anil K. Narendran and Justice Harisankar V. Menon ordered the suo moto case to be numbered as 'Writ...

[Doctrine Of Impossibility] Law Doesn't Permit Denial Of An Individual's Rights For Failure To Perform An Impossible Task: Kerala HC

The Kerala High Court has held that denial of opportunity to seek public employment forever to a particular class of students because they were unable to obtain an equivalency certificate due to being compelled to complete an impossible task is violative of Article 14 of the Constitution. In this case, petitioners were denied an equivalency certificate by the Kerala Agricultural University...

Assessment Based On Best Judgement Basis , Non-Filing Of Returns After Receipt Of Order, Fatal For Assessee: Kerala High Court

The Kerala High Court has held that the non-filing of returns even after receipt of the assessment order is fatal for the assessee.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that it may be true that the respondents did not issue a formal notice as required under Section 62(1) of the Income Tax Act before completing the assessment on a best...

Kerala High Court Half Yearly Digest- January To June 2024 [Citations 1-396]

Nominal Index Citations [2023 LiveLaw (Ker) 1-396]Union of India & Ors. v. P.K. Santhosh Kumar, 2024 LiveLaw (Ker) 1P C Najeeb v State of Kerala, 2024 LiveLaw (Ker) 2George Mathew v. State of Kerala, 2024 LiveLaw (Ker) 3XXX v State of Kerala, 2024 LiveLaw (Ker) 4Ranjith Kumar K.V. & Ors. v. State of Kerala & Ors., 2024 LiveLaw (Ker) 5X v Y, 2024 LiveLaw (Ker) 6Thazheveettil...

Decision By Income Tax Officer Who Did Not Hear The Case; Kerala High Court Quashes The Order

The Kerala High Court has held that if the income tax officer who hears the case does not render the decision, it would amount to a violation of the principles of natural justice.The bench of Justice Murali Purushothaman has observed that the doctrine 'he who heard must decide or he who decides must hear' applies to statutory authorities. Section 148A of the Income Tax Act provides for...

Relief Not Prayed For By Plaintiff Can't Be Granted Particularly When Defendant Didn't Get Opportunity To Resist It: Kerala High Court

The Kerala High Court has held that a Court cannot give a relief which was not prayed by the plaintiff especially when the defendant did not have an opportunity to raise pleadings in the matter.Justice K. Babu observed:“It is trite that consideration for the grant of relief when there is no prayer for that relief or no pleading to support such a relief, and also when the defendant had...