Lawyer Moves Kerala High Court Seeking Implementation Of E-Stamp Facility, Cites Shortage Of Non-Judicial Stamp Papers

A plea has been moved before the Kerala High Court by a lawyer stating that there is a shortage of non-judicial stamp papers below the denomination of rupees thousand in the State.The plea thus seeks a direction to the Director of the Department of Treasuries to implement steps for the implementation of the e-stamp facility for the issuance of non-judicial stamp papers of all denominations...

No Fundamental Right To Elect Or Be Elected: Kerala High Court

The Kerala High Court has held that the Court have to strictly go by the law and cannot apply rules of equity in an election matter. The Court held that right to elect though fundamental to a democracy is neither a fundamental right neither a common law right.Justice C. S. Sudha observed:“Outside of statute, there is no right to elect, no right to be elected and no right to dispute an...

Be Vigilant Of Unwanted Defamation Cases Against Press, Media Persons: Kerala High Court To District Judiciary

The Kerala High Court has directed the judicial officers of the district judiciary to exercise caution when considering allegations of defamation against newspapers and media personnel.Justice A. Badharudeen observed that unwanted legal prosecutions against newspapers and media persons under Sections 499 and 500 of the IPC would amount to violation of Freedom of the Press and people's right...

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC

The Kerala High Court has held that having carnal intercourse against 'the order of nature' mentioned in Section 377 of the Indian Penal Code looks only into the nature of the act and not the relationship of the parties involved. A Division Bench of Justice Raja Vijayaraghavan V. and Justice G. Girish was hearing an appeal where the appellant was convicted of raping his daughter by the...

Kerala High Court Weekly Round-Up: August 5 - August 11, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 506 – 522]Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 506Bar Council of Kerala and Others v Unnikrishnan H. and Others, 2024 LiveLaw (Ker) 507K. S. Sivarajan v State of Kerala and Others, 2024 LiveLaw (Ker) 508Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd, 2024 LiveLaw (Ker) 509P. M. Kurian v Deepa...

Kerala HC Admits Plea Challenging State Co-Op Bank's Award Of Tender For Supplying Micro-ATM Machines To Sub-Dealers Of Chinese Manufacturer

The Kerala High Court has admitted a plea challenging the decision of Kerala State Co-operative Bank to award the tender of supplying 2,000 micro ATM machines to certain companies who are sub-dealers of a Chinese Manufacturer.The plea alleged that the usage of micro ATMs by Chinese Manufacturers in sensitive sectors like banking is a security hazard to the nation. It argues that allowing...

'Public Place' U/S 294(b) IPC Includes Areas Where Obscenities Can Cause Annoyance To Those In Vicinity, Not Limited To Public Spaces Alone: Kerala HC

The Kerala High Court recently held that when an obscene act is committed to the annoyance of others in any public place in or near any public place attracts an offence under Section 294 of the Indian Penal Code.Justice A. Badharudeen added that 'in or near public place' mentioned in Section 294 (b) of the IPC is wide enough to include areas in the vicinity of public places and does not limit...

Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High Court

The Kerala High Court has directed that stringent conditions, at least in the form of a bank guarantee must be imposed while directing the release of vehicles dumping waste onto public property.The petitioner was alleged to have committed a serious crime of dumping septic waste into a water source and his vehicle was seized. The magistrate dismissed his application for interim custody of...

Uploading Assessemnt Orders After GST Registration Cancellation, Petitioner Failed To Check Website, Kerala High Court Grants Opportunity To Challenge On Deposit

The Kerala High Court has quashed the assessment orders and remanded the matter back on condition of remitting Rs. 10 lakhs towards the GST liabilities.The bench of Justice Gopinath P. has observed that the registration of the petitioner had been cancelled in the month of December 2021, and the petitioner had also stopped business. The assessment orders were issued only in the month of...

Kerala High Court Orders Counselling For Cousins Falsely Accused In POCSO Case, Calls State To Implement Guidelines To Prevent Misuse

The Kerala High Court has allowed the bail applications moved by two boys aged 19 and 20 years old, cousins of a 17-year-old girl who lodged a false POCSO case against them for objecting to her love affair.The petitioners were alleged to have committed rape, sexual assault and outraging the modesty of women. The crime was registered against them alleging commission of offences under...

Compounding Of Offences U/S 67A Of Akbari Act Is Equivalent To S. 320(8) CrPC, Has The Effect Of Acquittal: Kerala High Court

The High Court held that the principle of compounding of offence applicable for Section 320(8) of the Code of Criminal Procedure (Cr.P.C) is also applicable to the compounding of offences under Section 67A of the Abkari Act. Section 320(8) of the CrPC says that compounding will have the effect of acquittal.The petitioners in this case were alleged to possess large quantities of beer in...

Kerala High Court Pulls Up Lawyer For Seeking 'Cheap Publicity' By Filing Meritless PIL Alleging Misuse Of Wayanad Landslide Relief Funds

The Kerala High Court came down heavily on a lawyer who approached the Court with a Public Interest Litigation requesting the establishment of a centralized system for collecting and managing the disaster relief funds meant to aid landslide victims in Wayanad. The petitioner alleged that the funds being collected for the relief of the Wayanad landslide victims, were not reaching the...