Kerala High Court Weekly Round-Up: May 20 - May 26, 2024

Citations: 2024 LiveLaw (Ker) 293 To 2024 Livelaw (Ker) 304Nominal IndexAdv. Adarsh S v Union of India, 2024 LiveLaw Ker 293State Of Kerala V Muhammed Ameer-Ul Islam, Muhammad Ameerul-Islam V State Of Kerala, 2024 LiveLaw Ker 294Vinod Mathew Wilson v Union of India, 2024 LiveLaw Ker 295K Sudhakaran v State of Kerala, 2024 LiveLaw Ker 296Anuraj v State of Kerala & Connected Matters,...

Additional Income Can't Be Treated As Concealed Income: Kerala High Court

The Kerala High Court has held that additional income cannot be treated as concealed income for the purposes of Section 271(1)(c) of the Income Tax Act.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that a satisfactory explanation has been offered by the assessee, well before the issuance of a notice to him under Section 148 of the Income Tax Act, and...

Resolution Professional Not To Be Hauled Up In Criminal Case Against Company: Kerala High Court Stays ED Notice To RP

The Kerala High Court stated that prima facie, a Resolution Professional appointed under the Insolvency and Bankruptcy (IB) Code for carrying the Corporate Insolvency Resolution Process (CRIP) of the Company cannot be hauled up in a criminal proceeding initiated against the Company.The plea, filed by the first petitioner (Company) and the second petitioner (Resolution Professional of...

To Save City From "Severe Flooding", Kerala High Court Directs Kochi Corporation To Clear All Drains Within Two Days

The Kerala High Court has directed the High Powered Committee constituted by the Court to ensure that the Kochi Municipal Corporation takes measures such as clearing the drains using sucker machines to prevent flooding of the city during this monsoon season.The Court today noted that due to the rains over the past two days, approximately 15 hotspots were identified as being flooded. It...

Congress Leader Ramesh Chennithala Moves High Court Challenging Constitutional Validity of Provisions Of Kerala Lok Ayukta (Amendment) Act, 2022

Congress Leader Ramesh Chennithala has moved a plea before the Kerala High Court challenging the constitutional validity of the recent amendments made to the Kerala Lok Ayukta (Amendment) Act, 2022. The plea seeks to quash the amendments made to section 2,3 and 14 of the Act. The Amendment was passed by the Kerala Legislative Assembly and the President gave assent to it on February 09,...

Centre's Sanction U/S 188 CrPC Required Only When Entirety Of The Offence Is Committed Outside India: Kerala High Court

The Kerala High Court has made it clear that Section 188 CrPC, which deals with prosecution of offences committed outside India, is attracted only when the entirety of the offence is committed outside India.The provision requires prior sanction of the Central government to inquire or try such cases in India.Single bench of Justice K. Babu held there is no need to get previous sanction from...

Attingal Double Murder: Kerala High Court Awards Life Imprisonment Without Remission For 25 Yrs To Nino Mathew, Dismisses Anu Shanthi's Appeal

The Kerala High Court has declined to impose death sentence upon Nino Mathew for the double murder of his accomplice and lover Anu Shanthi's three year old daughter and mother-in-law.The Division Bench comprising Justice P.B. Suresh Kumar and Justice Johnson John converted the death sentence imposed upon Nino Mathew to Life Imprisonment and ordered that he shall not be entitled to remission for...

[S. 33(5) POCSO Act] Child Witness Cannot Be Recalled To Fill Up Lacuna And Omission In Evidence Of Accused: Kerala High Court

The Kerala High Court held that a child witness cannot be recalled for cross-examination by the accused to fill the lacuna or omission in their case as per Section 33 (3) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).It is to be noted that Section 33 (5) of the POCSO Act states that a child is not called repeatedly to testify in the Court. Justice A....

Plea In Kerala High Court Seeks ED Probe Into Alleged Hawala Dealings Of United Nurses Association President During Covid-19 Pandemic

M R Ajayan, a freelance journalist has moved the Kerala High Court seeking Investigation by the Enforcement Directorate (ED) against the President of the United Nurses Association (UNA) who was allegedly involved in hawala deals and swindled crores of money under the pretext of bringing stranded nurses from Middle Eastern Countries, Saudi Arabia to India during the Covid-19...

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court

The Kerala High Court relying upon the Apex Court decision in Priyanka Srivastava & Anr. v. State of Uttar Pradesh (2015) and other decisions stated that preconditions have to be satisfied to seek investigation under Section 156(3) of CrPC before a Magistrate.Justice A. Badharudeen observed that the Magistrate should be vigilant in accepting applications seeking investigation in...

Kerala High Court Warns Its Officers Of Disciplinary Action On Failure To List Cases As Per Roster

The Kerala High Court has held that its officers are duty-bound to ensure that cases are listed before the appropriate bench as per the roster, unless otherwise ordered by the Chief Justice. It stated that officers would face disciplinary action if they posted matters deviating from the roster.The Division Bench comprising Chief Justice A J Desai and Justice V G Arun said, “...the Office...

Kerala High Court Judge Writes To Advocates' Association Seeking Recommendations For Expeditious Disposal Of Pending Cases

Kerala High Court judge Justice Devan Ramachandran, being the Chairperson of the 'Arears Committee' and 'Committee For Making Recommendations For Expeditious Disposal Of Cases Pending In High Court', has sought recommendations from the Kerala High Court Advocates Association (KHCAA) to expedite the disposal of pending cases.Justice Ramachandran sought the support and cooperation of the Bar...