Lack Of Independent Witnesses Does Not Dilute Cruelty Allegations In S.498A IPC Cases: Kerala High Court

The Kerala High Court has held that the absence of independent witnesses in cases arising under Section 498A of the Indian Penal Code cannot, by itself, weaken the prosecution's case. The Court stressed that evidence from close relatives is not to be discarded merely because of their relationship with the victim.For context, Section 498A of IPC deals with cruelty towards a woman by her husband or a relative of the husband. Justice M B Snehalatha, was delivering the judgment in a criminal...

Kerala High Court Grants SIT Six More Weeks To Complete Probe Into Sabarimala Gold Theft Case

The Kerala High Court on Wednesday (December 3) gave the Special Investigation Team (SIT) 6 more weeks to conclude its investigation into the plundering of gold from the Dwarapalaka idols and lintels of the Sabarimala temple.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar had conducted the proceedings in-camera and interacted with the investigating officer, who had placed a progress report regarding the investigation before the Court. Though it expressed...

Sabarimala Overcrowding: Kerala High Court Extends Order Restricting Pilgrims' Entry Only With Valid Passes At Allotted Time Slots

The Kerala High Court on Wednesday (December 03) ordered that status quo shall be maintained so as to ensure compliance with its November 27 directions regarding entry to Sabarimala temple only with valid passes and strict adherence to permitted date/time slots.The Division Bench comprising Justice Raja Vijaraghavan V. and Justice K.V. Jayakumar, after considering the submissions made before...

CGST | Dept Must First Proceed Against Supplier Before Issuing Show Cause To Recipient For ITC Mismatch: Kerala High Court

The Kerala High Court has held that the department cannot proceed against a recipient for ITC mismatch without first initiating proceedings against the supplier. Section 42(3) of the Central Goods and Services Tax (CGST) Act, 2017, deals with the communication of discrepancies in Input Tax Credit (ITC) claims between the recipient and the supplier. Justice Ziyad Rahman A.A....

Kerala High Court Applies Henderson Principle, Says Withholding Claims To Re-Litigate Later Is Abuse Of Process

The Kerala High Court has recently observed that when a party deliberately withholds certain claims or issues in one proceedings with the intention to raise them in a subsequent litigation disguised as a distinct or separate remedy or proceeding from the initial one, such subsequent litigation will fall under the 'Henderson Principle'.The Division Bench comprising Justice Anil K Narendran...

Invoking Bank Guarantee For Interim Release Of Vehicle Seized For Alleged Sand Transport 'Unjustifiable': Kerala High Court

The Kerala High Court recently clarified that a condition, which required furnishing of bank guarantee to get interim custody of a vehicle that was alleged to be caught transporting river sand from forest, is onerous.Justice C.S. Dias observed that the Apex Court decision in Shihab etc. and another v. State of Kerala and another [2016 (4) KHC 183] holds the field when it comes to...

Circumstantial Evidence Sufficient Proof Of Adultery To Defeat Wife's Maintenance Claim: Kerala High Court

The Kerala High Court has recently held that circumstantial evidence is sufficient to establish the factum of 'living in adultery' to defeat the claim for maintenance under Section 125 of Cr.P.C.Dr. Justice Kauser Edappagath, was delivering a judgment in a revision petition filed against the Family Court decision which had granted maintenance to a woman despite evidence produced by the...

Kerala High Court Upholds Requirement Of Clinical Clerkship For Foreign Medical Grads Who Faced Break In Course During COVID

The Kerala High Court on Monday (1 December) upheld the requirement of clinical clerkship for Foreign Medical Graduates (FMGs) who faced a break in the course during the pandemic and joined the college and did a compensatory course.A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice P V Balakrishnan held that the FMGs, who had completed medical courses in China during...

Vellayani Lake Acquisition: Kerala High Court Grants Interim Relief To 60 Farmers; Bars Dispossession Without Due Process

The Kerala High Court, on a recent occasion, passed an interim order granting relief to around 60 traditional farmers whose properties are located adjacent to the Vellayani Lake, which is stated to be marked for development by the State government.Justice C. Jayachandran directed the state government, its Water Resources, Agriculture and Revenue departments and the District Collector...

BCI Affiliation Absent In Several Legal Education Centres Across Kerala: GLC Kozhikode Principal Tells High Court

The Principal of the Government Law College, Kozhikode recently filed a statement before the Kerala High Court wherein it told that in addition to the government law colleges in Kozhikode, Thrissur and Thiruvananthapuram, several other legal education institutions do not possess affiliation from the Bar Council of India.The statement was filed in a plea preferred by an Idukki-based advocate,...

Revisional Power U/S 263 Income Tax Act Cannot Be Upheld By Tribunal On Grounds Not Taken By Commissioner: Kerala High Court

The Kerala High Court has held that a tribunal cannot travel beyond the grounds not cited by the commissioner while exercising jurisdiction under Section 263 Income Tax Act.Justices A. Muhamed Mustaque and Harisankar V. Menon stated that only one reason was highlighted by the Commissioner for exercising the power under Section 263 of the Act and the Tribunal having found the said reason as not...

Public Appeals For Organ Donors 'Contrary' To Law: Kerala High Court Told As Advisory Committee Recommends Anonymous Online Donor Platform

The Transplantation Advisory Committee constituted under the Transplantation of Human Organs and Tissues Act has recently informed the Kerala High Court that public appeals calling for Organ Donors are contrary to law under the Transplantation Act and has recommended the creation of an Anonymous Online Donor Platform. The submissions were made before the division bench comprising Chief...