After Man Convicted For Wife's Murder Dies, Kerala High Court Dismisses His Appeal Saying Children Would Not Want To Continue

The Kerala High Court has dismissed an appeal as abated after the death of a man convicted for the murder of his wife. Division Bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V. M. said that the man's children would not be interested in coming on record to continue the appeal since in a sense, they are also victims of the alleged crime.The Code of Criminal Procedures...

[Kerala Local Authorities Entertainment Tax Act] Entertainment Tax Cannot Be Levied On Unsold Concert Tickets: High Court

The Kerala High Court directed the Municipality under whose jurisdiction a music concert was held to refund the entertainment tax levied on unsold tickets.Justice Gopinath P. stated that entertainment tax could only be charged under Section 3 of the Kerala Local Authorities Entertainment Tax Act, 1961 towards sold tickets and not on unsold tickets. The Court said:“The learned counsel for...

Home Guards Appointed On Daily Wage Basis, Recruitment And Selection Process Different From Civil Police Officers: Kerala High Court Denies Pay Parity

The Kerala High Court has stated that Home Guards are appointed on a daily wage basis and their recruitment and selection process differed from that of a Civil Police Officer. The Court further observed that Apex Court in Grah Rakshak, Home Guards Welfare Association vs. State of Himachal Pradesh and Others (2015) had not declared that Home Guards shall be treated at par with Civil...

Domestic Violence Act | Divorced Wife Can't Be Evicted From 'Shared Household' Except With Procedure Established By Law: Kerala High Court

The Kerala High Court in a recent judgment observed that a former wife, though divorced cannot be evicted from a shared household except through a procedure laid down by law. The Court observed that even though a divorced woman had no right over the shared household, if she was staying there during or after divorce, she could be evicted only through a procedure established by law.Justice...

Merely Because A Person Worked In Pakistan Doesn't Make Him An 'Enemy' Under Rule 130 Of Defence Of India Rules: Kerala High Court

The Kerala High Court has held that merely because a person had moved to Pakistan in search of a job does not make him an enemy under Rules 130 and 138 of the Defence of India Rules, 1971 unless he was trading with an enemy. Court thus quashed the proceedings initiated under the Enemy Property Act, against a property formerly held by the petitioner's father, who had worked at a hotel...

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder

The Kerala High Court today held that while considering allegations of terrorism and related offences under the Unlawful Activities (Prevention) Act, 1967, the Courts should not get carried away by confirmation bias that might creep in based on ideological biases and false narratives prevalent in the society.The Court was considering the criminal appeals moved by 26 persons belonging to...

[S.120 Evidence Act] Husband & Wife Can Testify On Behalf Of Each Other Without Executing Power Of Attorney: Kerala High Court

The Kerala High Court has held that under Section 120 of the Evidence Act, a husband is permitted to testify in lieu of his wife and vice versa even without a written authority or power of attorney.Justice Kauser Edappagath stated that the Trial Court had wrongly rejected the request for examining the plaintiff's husband for and on her behalf in the trial of a suit. “On a careful reading of...

LGBTQIA+ Individuals Experience Familial Rejection, Crucial To Recognize Family As 'Sites Of Violence' And Grant Protection: Kerala High Court

The Kerala High Court recently observed that families can often become sites of violence and control for LGBTQIA+ individuals who they need protection from rather than guardianship.The Court observed that LGBTQIA+ persons face defiance in society and are subjected to stigma, violence and discrimination from an early age due to societal beliefs and cultural norms.The Division Bench...

Can Gift Deed Be Unilaterally Cancelled By Donor After Acceptance By Donee? Kerala High Court Discuses

The Kerala High Court in a recent judgment discussed whether the unilateral cancellation of a gift deed by the donor is legally impermissible.The Single Bench of Justice K. Babu was dealing with an appeal in a suit for declaration of title. The petitioner in the original case had claimed that the concerned property was gifted to her by her mother, Kunhimatha. The 2nd defendant, grandson...

Kerala HC Stays Single Judge's "Prima Facie" Finding Of Ex-DGP Revealing Rape Victim Identity, Says Police Will Be Forced To Proceed Against Him

The Kerala High Court has stayed the prima facie observations made by its single bench against former DGP Siby Mathews for commission of an offence under Section 228A IPC by allegedly revealing the identity of the Sooryanelli rape victim in his autobiographical novel 'Nirbhayam'.The book was published back in 2017. Pursuant to the single judge's order, an FIR was registered.The Division...

Guardian Of Minor Driving Vehicle Without Licence Can Be Prosecuted U/S 199A MV Act Even Before Determining Minor's Guilt: Kerala HC

But guardian will have to be discharged if Juvenile Justice Board concludes that minor is not guilty.

No Fundamental Right To Protest Anywhere The Agitator Pleases: Kerala High Court

The Kerala High Court in a recent judgment held that there is no fundamental right to protest at any place the agitator pleases, and reasonable restriction can be imposed on the exercise of such right.Federal Bank Officers' Association is a trade union which held a dharna in front of its Aluva office holding posters, banners, placards and shouting slogans. The Bank filed a suit before the...