Don't Get Colonial! Kerala High Court Says Police Stations Can't Be "Areas Of Terror", Should Be Approachable For Women & Children

The Kerala High Court today enquired incredulously as to why the police force in the State were trying to act In Terrorem, to instil fear and terror in the minds of the citizens by using coarse language. Justice Devan Ramachandran said police officers are public servants and police stations are public offices. Thus, citizens should feel welcome to enter a police station. “We owe our duty to...

Kerala High Court Closes Plea Upon Noting State Govt's Assurance Over Appointment Of Judicial Member To Real Estate Appellate Tribunal

The State Government has assured the Kerala High Court that a judicial member will be appointed to the State Real Estate Appellate Tribunal immediately after June O4, 2024.The Division bench comprising Justice A.Muhamed Mustaque and Justice S Manu disposed of the petition based on the assurance given by the state government that selection to the post is over and appointment will also be...

Only Co-Owners Can Claim Benefit Of Section 44 Of Transfer Of Property Act: Kerala High Court

The Kerala High Court has held that only co-owners can claim the benefit of Section 44 of the Transfer Of Property Act.A single bench of Justice C. Pratheep Kumar held that only co-owners of a property are entitled to the benefit of the second paragraph of Section 44 of the Transfer of Property Act.The second paragraph of Section 44 of the Transfer of Property Act says that where the...

Child Must Receive Love And Support From Both Parents Unless Proven Conduct Has Made One Parent Unworthy Of Custody Rights: Kerala High Court

The Kerala High Court stated that unless there is proven conduct making one parent unworthy of custody rights, it is in the best interest of the child to receive love and support from both parents.While hearing a matrimonial appeal preferred by the mother, the Court interacted with the minor child and found that she has no objection to spent time with father but expressed reluctance to stay...

Whether Nomenclature Forms Part Of An Act?: Kerala High Court To Examine Validity Of 'Hindi' Titles For New Criminal Law Statutes

The Kerala High Court heard a public interest litigation (PIL) challenging the Hindi-language titles for the three new criminal law statutes.The petition challenging the Hindi titles given to the 3 new criminal Acts came before the bench of Chief Justice A J Desai and Justice V G Arun on May 29, 2024. The matter is posted for a detailed hearing on 26th July.The PIL was filed challenging...

'Hindi Names Of New Criminal Laws Create Difficulty For Non-Hindi Speakers' : Advocate's Plea In Kerala High Court

An advocate, P. V. Jeevesh filed a Public Interest Ligitaion before the Kerala High Court challenging the act of Union of India giving titles in Hindi to the 3 new Criminal Acts – Bharatiya Nyaya Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam.The petition will be heard by the division bench comprising Chief Justice A J Desai and Justice V G Arun on May 29,...

Attacks Against Doctors & Hospital Staff Are Continuing: Kerala HC Dismisses Anticipatory Bail Plea By Accused For Allegedly Attacking Lady Doctor

The Kerala High Court today dismissed the anticipatory bail application moved by an accused for allegedly attacking and outraging the modesty of a lady Ayurveda Doctor.Dismissing the anticipatory bail application, Justice A. Badharudeen stated that a prima facie case was made out against the accused for attacking a healthcare professional. The Court further stated that there is a...

Opening And Closing Stock Of The Year Is To Be Valued By Applying Same Methodology: Kerala High Court

The Kerala High Court has held that the stipulation under Clause 16 of the Income Computation and Disclosure Standards (ICDS) for the adoption of first-in, first-out (FIFO) or weighted average cost for valuation of the stock or inventory cannot be applied in the Assessment Year 2017-2018 for the valuation of the opening stock, as the opening and closing stock of the year are to be valued...

Expenditure Incurred By Way Of Addition To Buildings, Electrical Fittings On Leasehold Premises Is Capital Expenditure: Kerala High Court

The Kerala High Court has held that the expenditure that was incurred by the appellant/assessee by way of addition to buildings and electrical fittings on leasehold premises was in the nature of capital expenditure and not revenue expenditure.The bench of Justice Dr. A.K. Jayasankaran Nambiar has observed that the assessing authority and the First Appellate Authority have clearly relied on...

Prosecution Must Establish Facts Indicating 'Special Knowledge' To Shift Burden Of Proof On Accused U/S 106 Evidence Act: Kerala High Court

Granting benefit of doubt, the Kerala High Court recently acquitted a man held guilty and sentenced to life imprisonment by the Sessions Court for the murder of his 7-year-old daughter.The Division Bench comprising Justice P B Suresh Kumar and Justice M B Snehalatha found that all other persons residing in the house who were present at the time of the alleged incident had stated that the...

[S. 17 Arms Act] Place Of Business Of Armory Shop Is Only A Condition Of Licence That Can Be Varied By Licensing Authority: Kerala High Court

The Kerala High held that place of business of Armory Shop is only a condition of licence which can be varied by the licensing authority suo moto or on the application of the holder of licence as per Section 17 of the Arms Act.Section 17 pertains to variation, suspension and revocation of licences. As per Section 17 (1), the licensing authority may suo moto vary the conditions of licence and...

Courts Not Expected To Form Baseless Apprehensions That Lawyer Will Act Illegally In Discharge Of His Profession: Kerala High Court

The Kerala High Court recently quashed a Special Court order directing a lawyer to file an affidavit stating that the copy of witness statement recorded under Section 164 CrPC will not be "misused" by him.Justice K. Babu said that a lawyer is an officer of the court and Courts are not expected to form an apprehension, without any foundation, that the lawyer may do some illegal acts during...