Interest Earned On Funds Granted By Government, Kept In Bank Till Its Utilization Is Capital Receipt: Kerala HC

The Kerala High Court held that the 'interest income' on the short-term deposits of the funds infused by the Government, which are sanctioned for purpose of setting up of business, are in nature of 'capital receipt' and not 'revenue receipt'. The Division Bench of Justice Sathish Ninan and Justice Johnson John observed that “if the funds invested are not surplus funds as such,...

Kerala HC Calls For Reactivation Of Vigilance & Monitoring Committees At State, District And Divisional Levels To Prevent Unauthorized Quarrying

The Kerala High Court stated that there should be reactivation of Vigilance and Monitoring Committees at State, district and divisional levels to prevent and stop unauthorized and illegal quarrying in the State.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. hearing the suo moto case initiated after the Wayanad landslides, to prevent and manage...

Enactment Of Special Legislation Would Address Issues Faced By Women In Entertainment Industry: Kerala Women's Commission Tells High Court

The Kerala Women's Commission filed a counter affidavit before the High Court suggesting the enactment of a new legislation called the 'Kerala Entertainment Industry Equality and Empowerment Act' to address the issues women face in the entertainment industry. The State Government has also filed an affidavit before the Court suggesting the formulation of a new film policy in Kerala.The...

Media Airing Statements Which Lead Viewers To Believe That They Were Given By Victims To Justice Hema Committee Would Be Viewed Seriously: Kerala HC

The Kerala High Court issued a warning against the media personnel that it must not report any information relating to the Justice Hema Committee Report in such a way that it would create an impression in the mind of the viewers that such information was given by the victim before the Justice Hema Committee or the Special Investigation Team (SIT) constituted to probe offences disclosed in...

Usage Of 'Deaf And Dumb' Is Ethically And Technically Inaccurate, Instead Use 'Deaf', 'Hard Of Hearing': Kerala High Court

The Kerala High Court stated that the term 'Deaf and Dumb' is ethically and technically inaccurate and is now recognized as offensive. It also observed that the term 'Hearing Impaired' is no longer used since impaired means hindered or damaged.The present observations were made in an original petition in which the respondent is a hard-of-hearing person, and the original petition described her...

Attempt To Suicide To A Large Extent Is No Longer An Offence Due To The Enactment Of Mental Healthcare Act, 2017: Kerala High Court

The Kerala High Court has observed that since the enactment of the Mental Healthcare Act (MH Act), attempting suicide, to a larger extent is not an offence.Justice Bechu Kurian Thomas observed:“Decriminalizing attempts to commit suicide has been under consideration for the last several decades. Though section 309 IPC remained in the statute book, with the enactment of the MH Act in...

AICTE Can Prescribe Manner Of Recruitment Of Teaching Staff In Technical Institutions: Kerala High Court Full Bench

The Kerala High Court has held that the All India Council for Technical Education (AICTE) has the power to prescribe the manner of appointment of teaching staff to technical institutions. A Full Bench comprising Acting Chief Justice A. Muhamed Mustaque, Justice Shoba Annamma Eapen and Justice S. Manu was answering a reference placed before it by a Division Bench.When the instant case came...

Court Doesn't Have Technical Expertise: Kerala HC Closes 'Metro Man' Sreedharan's Plea To Change Alignment Of Thiruvanaya–Thavanoor Bridge

The Kerala High Court disposed of the petition of E. Sreedharan to re-align the Thiruvanavaq – Thavanoor Bridge observing that it does not have the required technical expertise in this matter and directed the State to consider the suggestions by E. Sreedharan and implement them if it is feasible.The Division Bench led by Chief Justice Nitin Jamdar and Justice S. Manu was considering...

Kerala High Court Denies Bail To Ousted CPI Leader, Son In Alleged Money Laundering Case Linked To Kandala Bank

The Kerala High Court denied bail to former CPI leader N. Bhasurangan and his son in an alleged money laundering case, accused of allegedly indulging in several financial irregularities in the management of the Kandala Service Co-operative Bank.A single judge bench of Justice C. S. Dias after considering the strict conditions imposed under Section 45 of the Prevention of Money Laundering...

Law Doesn't Give Exception From DNA Profiling On Ground That Accused And Victim Are Siblings: Kerala High Court

The Kerala High Court has stated that neither the CrPC nor the Bharatiya Nagarik Suraksha Sanhita (BNSS) gives exception from DNA profiling on the ground that the accused and victims are siblings.The accused and victim here are siblings, and the accused is alleged to have committed offences punishable under Sections 376, 376(3) (punishment for rape) of the IPC, Section 5j(ii)...

Kerala High Court Monthly Digest- September 2024 [Citations: 554-607]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 554-607]Biju P Vidya @Monai v State of Kerala, 2024 LiveLaw (Ker) 554Chandra Babu @ Babu v State of Kerala & Another, 2024 LiveLaw (Ker) 555C. K. Kunjumon v State of Kerala and Another, 2024 LiveLaw (Ker) 556C. K. Kunjumon v State of Kerala and Another, 2024 LiveLaw (Ker) 556Ranjith Balakrishnan v State of Kerala, 2024 LiveLaw (Ker) 557Aqib...

Kerala HC Orally Warns Of Strict Action Against Secretaries Of Local Self Govt Institutions For Inaction On 'Unauthorized Boards/ Hoardings'

The Kerala High Court on Tuesday (October 1) orally said that it would take strict action, including contempt of court against Secretaries of every Local Self Government institution for not taking action for the removal of unauthorized boards, banners and hoardings in public places.While hearing a 2018 plea concerning unauthorized hoardings, a single judge bench of Justice Devan...