Owner Of Premises Cannot Be Made Liable For Third Party Damages Due To Conduct Of Business Of Tenant: Kerala High Court

The Kerala High Court has set aside the decree of damages against the owner of a building who let out his premises to a tenant for carrying business where he stored explosives in adherence to the Explosive laws.Justice Sathish Ninan stated that the owner could at best be expected to oversee that the business was conducted by the tenant in accordance with the licence deed but could not be...

Kerala VAT Act Empowers Taxing Authorities To Recover Tax Dues From Directors Of Private Company: Kerala High Court

The Kerala High Court has held that Section 39 of the Kerala Value Added Tax Act, 2003, empowers the taxing authorities to recover the tax dues from the directors of the private company if the company fails to make payment of the tax.The bench of Justice Dinesh Kumar Singh has observed that when the taxing authorities could not recover the dues from the company, they issued notice for recovery...

[Section 482 CrPC] Accused Should Be Protected From Vexatious Criminal Proceedings: Kerala HC Provides Relief To Homeo Doctor

The Kerala High Court has quashed proceedings pending before the Judicial First Class Magistrate against a Homeo Doctor for allegedly stocking and selling Homeo medicines without authority under the Drugs and Cosmetics Act. The Court exercised its inherent powers under Section 482 CrPC to quash the complaint and proceedings since no offence was made out.Justice Bechu Kurian Thomas stated...

Kerala High Court Acquits Accused In CPM Leader P Jayarajan's Attempt To Murder Case, Commutes Sentence Of Only Convict

The Kerala High Court has acquitted all but one accused in CPM leader P Jayarajan's attempt to murder case. While the court did find the second accused to be guilty, the sentence was commuted.A single judge bench of Justice P. Somarajan heard the matter. "There is failure on the part of the prosecution to show and prove the involvement of accused No.1 and 3 to 9 in the alleged commission...

"Historically Linked With Militant Groups": Plea In Kerala High Court Challenges Naming Of Youth Festival As 'Intifada'

A plea has been moved beofre the Kerala High CO challenging the naming of a youth festival, 'Intifada' being conducted at NSS College, Nilamel.The petitioner, a first-year student at the NSS College, Nilamel submitted that naming the youth festival 'Intifada', an Arabic word which translates to 'shake off' cannot be used as it has been “historically linked with the militant/ terror groups...

Woman Brings Life To Earth, Feeling That Girl Child Is Less Than Boy Child Must Stop: Kerala High Court Observes

The Kerala High Court today orally observed that it is horrendously immoral to demand a woman to give birth only to a boy child and not a girl child.The Court was hearing a plea moved by a woman alleging that she was handed over a note by her husband and his family on the first day of her marriage itself, containing instructions on how to conceive a male child. She seeks investigation and...

Reprieve To Journalist, Kerala HC Directs Magistrate To Consider Afresh Summoning Order Passed Without 'Applying Mind', Says It Affects Dignity

The Kerala High Court has set aside the proceedings by which a summons was issued by Judicial First Class Magistrate Court-I, Karunagapally to Manju Mythri, an award-winning journalist for allegedly posting a defamatory video on her YouTube channel. The video titled 'Kolambi' was about Amritanandamayi and the mysterious deaths occurring in her Ashram.Justice Sophy Thomas while setting aside...

[S.55 (6)(b) TP Act] When Both Buyer & Seller Not Eager To Perform Agreement, Buyer Entitled To Charge Over Property Due To Consideration Paid: Kerala HC

The Kerala High Court has recently decided a question on whether a buyer is entitled to a charged decree on the plaint schedule property under Section 55(6)(b) of the Transfer of Property Act when both the plaintiff (buyer) and defendant (seller) have failed to perform the agreement for the sale of a property after the buyer already paying advance sale consideration.Section 55 of the TP...

Non-Explanation Regarding Nonproduction Of Remaining Contraband After Drawing Sample Creates Doubt On Prosecution Case: Kerala HC

The Kerala High Court allowed an appeal challenging conviction under Section 20 of the Narcotic and Psychotropic Substances Act, (NDPS Act) for non-compliance with Section 52 of the Act, which requires police officers to certify the inventory of the seized substances by a magistrate.A single judge bench of Justice K Babu remarked that “the intention of the legislature by incorporating...

Kerala High Court Upholds Step-Father's Conviction For Rape Of Minor Daughter, Says Trial Court Ought To Have Awarded Compensation U/S 357A CrPC

The Kerala High Court has upheld the punishment imposed by the Special Court on a stepfather for brutally raping his minor daughter and later threatening and intimidating her by attempting to pour acid in her mouth.It stated that the minor girl who belonged to a socially and economically backward tribal community who was raped by her stepfather should be adequately compensated under the...

Kerala High Court Monthly Digest: February 2024 [Citations: 80-145]

Nominal Index [Citations: 2024 LiveLaw (Ker) 80 - 145]Litty Thomas v State of Kerala, 2024 LiveLaw (Ker) 80Shine Kumar v State of Kerala, 2024 LiveLaw (Ker) 81Nikson v. Samkutty, 2024 LiveLaw (Ker) 82Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department vs. National Company Law Tribunal, 2024 LiveLaw (Ker) 83Abdul Kabeer P.U v State of Kerala, 2024 LiveLaw...

Kerala High Court Upholds Conviction Of Vicar For Minor's Rape, Reduces Life Term To 20 Yrs Rigorous Imprisonment Without Remission

The Kerala High Court has upheld the conviction of a vicar for rape and sexual assault of a minor girl in his parish but has reduced the sentence imposed upon him by the Special Court from life imprisonment for the remainder of his natural life to rigorous imprisonment of twenty years without remission.“No doubt, rape is a crime which has a severe effect on women and the society...It is...