[S.34 IPC] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court

The Kerala High Court has held that mere participation in an offence would not be sufficient to attribute common intention unless it was proved that they shared a premeditated plan. The Court stated that common intention has to be proved through the conduct of the accused, surrounding circumstances or other incriminating evidence.In the facts of the case, three accused have approached the...

Doctrine Of 'Paternity' By Estoppel: Kerala High Court Says Child's Parentage Can't Be Challenged When Conduct Proves Otherwise

The Kerala High Court has held that it is not permissible for a man to challenge the paternity of a child when his conduct proves otherwise.The facts of the case were that in 2022, the petitioner approached the Family Court seeking DNA test stating that he reasonably suspects the minor child's paternity. The Family Court observed that the petitioner suppressed material fact that he had...

Maternity Benefit Applicable To Private Medical Institutions With Effect From March 6, 2020 Only: Kerala High Court

The Kerala High Court has held that the Maternity Benefit Act is not applicable to private educational institutions before 06.03.2020. The Court noted that the State Government issued a gazette notification under Section 2(b) of the Act making the Act applicable to private educational institutions only on 6th March 2020.The matter came before Justice Dinesh Kumar Singh in a Writ Petition....

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report

The Kerala High Court on Monday directed the Registry to number criminal miscellaneous cases only after producing the final report along with witness statements and documents.Justice A. Badharudeen ordered that the Registry shall comply with the direction strictly. “In view of the matter, Registry is directed to number Crl.M.Cs only after producing the final report along with...

State Moves Kerala High Court Against Bail Of Accused In SDPI Leader Shan's Murder Case

The Kerala government has moved the High Court challenging the grant of bail to Rajendra Prasad, first accused in the murder of Social Democratic Party of India (SDPI) State Secretary K.S. Shan who was hacked to death in December 2021.The bench of Justice Bechu Kurian Thomas issued notice on the matter and posted it on June 25 along with similar appeals challenging grant of bail to eight...

Kerala High Court Expresses Disinclination To Grant Anticipatory Bail To Mohiniyattam Performer Booked For Casteist Remarks Against Fellow Artist

The Kerala High Court has reserved for orders the appeal moved by Mohiniyattam performer Kalamandalam Sathyabhama against the dismissal of her anticipatory bail application by the Special Court for Trial of offences under SC/ST Act, for allegedly making casteist remarks against fellow artist Dr. RLV Ramakrishnan.Justice K Babu today orally said, “I will not grant anticipatory bail, I...

S.145 Evidence Act | Witness Not Expected To Accurately Recall Sequence Of Rapid Events, Minor Errors In Testimony Not Contradiction: Kerala HC

The Kerala High Court has reiterated that Section 162 of Code of Criminal Procedure enables the accused to use the statement of a witness to contradict him in the manner provided by Section 145 of the Indian Evidence Act only. The second part of Section 145 says that when a statement is used to contradict a witness, his attention must be called to those parts which are used to contradict...

[Actress Assault Case] Kerala High Court Imposes Rs 25K Cost On Pulsar Suni For Filing 10th Bail Application

The Kerala High Court on Monday dismissed the 10th bail application filed by Sunil N.S., also known as 'Pulsar Suni', the main accused in the 2017 Actor Assault Case.Justice P.V.Kunhikrishnan also imposed a cost of rupees twenty-five thousand upon him for filing "bail application after bail application". While imposing the cost, the Court noted that the 10th bail application was filed...

Judge Not Initiating Summary Contempt Proceedings Doesn't Bar Court From Initiating Suo Moto Proceedings: Kerala High Court

The Kerala High Court has held that if a Judge didn't initiate contempt proceedings in accordance with the procedure as laid down under Section 14 of the Contempt of Courts Act, it does not bar the High Court from initiating suo moto contempt proceedings under Section 15 of the Act. The Division Bench of Justice Anil K. Narendran and Justice G. Girish made this observation while deciding...

[KEAM 2024] Scribe Can Be Someone Who Has Completed Matriculation But Not Completed 12th Standard: Kerala High Court

The Kerala High Court has permitted a candidate who has 90 per cent permanent physical disability to attend the Kerala Engineering Architectural Medical Examination (KEAM), 2024 with the help of a scribe who has completed matriculation and had not completed 12th standard.The KEAM, 2024 exam will begin today. Justice Ziyad Rahman A.A. ordered thus:“Therefore, this writ petition is disposed...

[S.482 CrPC] Staying Investigation When FIR Read With FIS/Compliant Disclose Cognizable Offence Is Grave Injustice To Victim: Kerala High Court

The Kerala High Court has held that the power to quash a First Information Report (FIR) under Section 482 of CrPC should be exercised by the Court with caution for ex debito justitiae, that is for the advancement of justice.The Court stated that quashing FIR or dropping charges is not legally permissible if the FIR read along with FIS/complaint disclose the commission of a cognizable offence....

Kerala High Court Monthly Digest: May 2024 [Citations: 276-324]

Nominal Index [Citations: 2024 LiveLaw (Ker) 276-324]M/S International Nut Alliance LLC v M/S Johns Cashew Co., 2024 LiveLaw Ker 276Muhammed Safeer P v. Regional Transport Officer and ors., 2024 LiveLaw Ker 277The KMML Retired Officers Association v The State of Kerala, 2024 LiveLaw Ker 278Sulochana v State of Kerala, 2024 LiveLaw Ker 279K Haridas v State of Kerala & Connected Matter, ...