Kerala High Court
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...
False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape
The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code.Justice A. Badharudeen quashed the proceedings against the petitioner pending before the Special Court for the Trial of Cases Relating...
Delinquent Public Servant Has Right To Be Tried Within Reasonable Time, State Can't Initiate Disciplinary Action After Unexplained Delay: Kerala HC
The Kerala High Court has made it clear that there is no fair process of enquiry if unexplained delay has occurred in initiating disciplinary proceedings against a delinquent employee, since it causes him significant prejudice. The Court further stated that the Constitution guarantees the right to a fair trial, which should be ensured not only in criminal cases but also in all cases...
S.52A NDPS Act: Kerala High Court Grants Bail To Accused As Seizure Officer Mixed Alleged Contraband Found In Three Separate Packets
The Kerala High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of over 100 gms contraband, noting that the Investigating Officer had mixed the content found in three separate packets.Justice C. S. Dias cited Section 52A of the Act which requires the Investigating Officer to draw separate samples from "each of...
Kerala High Court Weekly Round-Up: June 17- June 23, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 362-377]Sipahi Kumar v State of Kerala, Jaymangal Shah v State of Kerala, 2024 LiveLaw Ker 362Lakeshore Hospital And Research Centre Limited Versus The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/ Income Tax Officer, National Faceless Assessment Centre, 2024 LiveLaw (Ker) 363Balan Panicker Ramesh Kumar Versus Union Of India,...
Donor's Acknowledgement In Gift Deed Of Property's Delivery To Donee Is Sufficient Proof Of Gift's Acceptance: Kerala High Court
The Kerala High Court held that when the registered deed of gift of immovable property mentions that the property was delivered to the donee, it is sufficient to establish acceptance.The Court also observed that the Transfer of Property Act does not mention any one mode of acceptance.Justice K. Babu observed:“It is trite that no particular mode is prescribed under the law as to the...
"Callous & Casual Attitude Of State Towards Proceedings" : High Court Slams Kerala Govt For Not Filing Counter-Affidavit
The High Court in a recent order came down heavily on the State Government for the callous and casual attitude they are having towards the Court proceedings. The Court observed that it is unable to decide a Writ petition filed in 2018 as there is no response from the State.The Writ in the instance was filed challenging the decision of the Government in nationalizing the Ernakulam-...
Quashing Proceedings Upon Settlement In Heinous Crimes Like Murder & Rape Lacks Legal Sanction, Sends Wrong Signal To Community: Kerala High Court
The Kerala High Court held that settling serious and heinous offences involving mental depravity or offences such as murder, rape and dacoity through quashing process by invoking its inherent powers under Section 482 of the CrPC would seriously impact society and sans legal permissibility.Justice A. Badharudeen observed that even though the Court has the power to quash proceedings even...
Mere Storage Of Child Pornography Not An Offence Under POCSO Act & Information Technology Act: Kerala High Court
The Kerala High Court has held that automatic or accidental downloading of children engaged in sexually explicit act or conduct is not an offence under Section 67B (b) of the Information Technology Act when the evidence shows that there was no specific intent to do so.In the facts of the case, the petitioner was alleged to have committed offences under Section 15(2) of the POCSO Act and...
Kerala High Court Quashes Special Judge's "Unwarranted Remarks" Against IAS Officer, Says Unnecessary Enquiries Blemish Public Servant's Career
The Kerala High Court recently criticised the "casual approach" of a Special Judge appointed under the Prevention of Corruption Act for wrongly making adverse observations against an IAS officer, then serving as the Additional Chief Secretary in the State's Revenue department.Single bench of Justice K. Babu observed that “A special Judge functioning under the PC Act must be conscious of...
Absence Of Incriminating Materials, AO Not Empowered To Reopen Assessments In Block Period Of Six Years: Kerala High Court
The Kerala High Court has held that based on the material obtained during the search, the Assessing Officer, who gets the jurisdiction to re-open the assessments, can do so in respect of the individual assessment years comprised in the block period of six years only if the material obtained during the search under Section 132 of the Income Tax Act, or any part thereof, relates to the...
Ernakulam Bar Association Moves Kerala High Court For Publication Of Expert Committee's Interim Report Proposing Hike In Court Fees
The Ernakulam Bar Association has moved the Kerala High Court seeking publication of the interim report submitted by Justice VK Mohanan led Expert Committee which formed the basis for proposing revisions to court fees during the 2024 Kerala budget. The proposal includes a 5% increase in court fees for cheque cases under the Negotiable Instruments Act, as well as the introduction of court fees...