While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court

The Kerala High Court held that the Magistrate whilst ordering maintenance to the daughter under Section 20 (1) (d) of the Domestic Violence Act should specify if the maintenance order is made under Section 125 of CrPC or Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 (HAMA).Justice P G Ajithkumar ordered thus: “In the light of the discussions made above, I hold that...

[S. 197 CrPC] Police Officials Can't Be Prosecuted Without Govt's Sanction Even If They Exceed Scope Of Power While On Official Duty: Kerala High Court

The Kerala High Court has held that police officials cannot be prosecuted for an act done during the discharge of their official duty without taking sanction from the government under Section 197 CrPC.Justice P.G. Ajithkumar ordered that sanction would be necessary under Section 197 of CrPC if the alleged act was directly concerned with official duty or has reasonable nexus with the discharge...

[S.498A IPC] Offence Committed Abroad Can't Be Tried In India Without Centre's Sanction U/S 188 CrPC: Kerala High Court

The Kerala High Court has held the Trial Court should not proceed with criminal prosecution under Section 498A of the IPC without previous sanction from the Central Government when an offence of marital cruelty was entirely committed outside India by an Indian National.Justice A. Badharudeen thus quashed the criminal proceedings initiated against the husband under Section 498A IPC for want...

[Walayar Rape-Death Case] Govt Should Consider Request Of Victim Or Victim's Representatives While Appointing Public Prosecutor: Kerala High Court

The Kerala High Court has held that the Government should consider the request of the victim or representatives of the victim while appointing a Public Prosecutor or Special Public Prosecutor.Justice A. Badharudeen observed that the absolute power to appoint a Public Prosecutor or Special Public Prosecutor is with the Government but that do not mean that it should completely negate the request...

Whether Income Tax Department Can Seek Custody Of Seized Currency From Magistrate: Kerala High Court Refers To Division Bench

Considering the divergent views of two Single Judge Benches of the Kerala High Court on whether the Income Tax Department has a right to seek interim custody of seized currency notes from the Magistrate, a Single Bench presided by Justice Bechu Kurian Thomas referred the matter to be considered by a Division Bench. The Court will also have to decide whether a requisition issued under Section...

[Recruiting Indian Citizens In Russian Army] Mother Of Commission Agent Approaches Kerala High Court Seeking Protection From CBI Probe

A 65-year-old mother has invoked the writ jurisdiction of the Kerala High Court seeking protection from the probe of the CBI alleging that her son was involved in trafficking Indian nationals to Russia. Justice Devan Ramachandran stated that the petitioner can be summoned for investigation only by issuing a notice. The Court further stated that if later she the petitioner is being arrayed as...

'Govt Not Expected To Intervene In Administration Of Co-op Societies': Plea In Kerala HC Challenges Provisions Of Kerala Co-operative Society Amendment Act 2023

A writ petition is moved before the Kerala High Court challenging various provisions of the Kerala Co-operative Society Amendment Act, 2023. The Amendment Act was notified and published in the Kerala Gazette on June 07, 2024.The plea has been filed challenging sections 14AA, 28(2A), 32 (4), 33, 34A, 56, 57E and 64 alleging that the amendments would cause governmental interference in...

State Bound To Ensure That When Public Properties Are Used For Any Purpose, It Is Done In A Manner Which Is Least Inconvenient To Its Subjects: Kerala HC

The Kerala High Court in a writ petition has decided on the balance of rights of travellers in the public pathway and that of private persons in adjoining property in relation to the construction of structures near public roads. Justice M. A. Abdul Hakim held that constructions which are necessary for the maintenance of the users of the pathway can be made on public land, but, care should...

Arbitration Clause Valid But Unilateral Appointment Part Is Invalid: Kerala High Court

The Kerala High Court bench of Justice G. Girish has held that arbitration clauses with provisions for the unilateral appointment of an arbitrator cannot be entirely rejected due to this defect. It held that the clauses are to be considered valid arbitration clauses except for those portions which confer the authority upon one party to unilaterally...

'Judgments Of Retired Judges Not To Be Uploaded 3 Days After Their Retirement' : Kerala High Court Chief Justice Issues Guidelines

Chief Justice A J Desai of the Kerala High Court has issued guidelines to be followed by judges regarding the signing and uploading of orders/judgments and the use of Chambers and Staff on their Retirement/Transfer/Elevation.Use of ChambersJudges are refrained from using chambers after the date of retirement. It is also stated that staff of the judge shall hand over all case records to...

Consider Substantial Increase In Entry Fee To Eco-Tourism Centres To Reduce Number Of Visitors: Kerala High Court To Govt

The Kerala High Court has asked the State government to consider making a "substantial increase" in the entry fee to eco-tourism areas.The development comes after the Additional Advocate General for the State informed the High Court that its earlier order of closing down eco-tourism centers in Wayand is causing great prejudice.The High Court had ordered temporary closure of the eco-tourism...

Kerala High Court Directs Probe Against Former DGP For Allegedly Disclosing Identity Of Sooryanelli Rape Victim In His Book 'Nirbhayam'

The Kerala High Court has directed the Station House Officer, Mannanthala Police Station to review the complaint lodged by the petitioner against former DGP and author Siby Mathews alleging the commission of an offence under Section 228 A of IPC. The Court directed the SHO to conduct a preliminary investigation to determine whether Siby Mathews has disclosed the details of the identity of...