[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two

The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 (punishment for murder) and Section 120B (criminal conspiracy) . It also sets aside the acquittal of the 10th and 12th accused and convicted them also under Sections 120B read with Section 302 IPC. The Court has directed the production of the accused before the Court...

Kerala High Court Weekly Round-Up: February 12 - February 18, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 106-119]Sanitha Saji v. Salimkumar, 2024 LiveLaw (Ker) 106Chandini CK v. The State of Kerala and ors., 2024 LiveLaw (Ker) 107In Re Bruno v Union of India, 2024 LiveLaw (Ker) 108Padma Conductors Pvt Ltd. v MIRC Electronics, 2024 LiveLaw (Ker) 109 Maheswari S & ors v. State of Kerala & ors.,2024 LiveLaw (Ker) 110Meena v Joint Regional...

[S.162 CrPC] Kerala HC Sets Aside Conviction Of Actor For Allegedly Supplying False Evidence To Police Over Musician Balabhaskar's Death

Actor Soby George has approached the Kerala High Court challenging his conviction under Section 193 IPC in a matter connected to the death of musician Balabhaskar. The petitioner was convicted under Section 193 IPC (punishment for false evidence) on a complaint submitted by the investigating officer on the allegation that he had provided a false statement to the police officer. The...

[Masala Bonds Case] 'Cooperate With Summons Issued By ED Only For Once': Kerala High Court Tells KIIFB, Fmr Finance Minister Dr Thomas Isaac

The Kerala High Court today told the Kerala Infrastructure Investment Fund Board (KIIFB) and former Finance Minister Dr Thomas Isaac to cooperate with the summons issued by the Enforcement Directorate (ED) in connection with the masala bonds case.Justice Devan Ramachandran orally stated that the investigation of the ED is only in its preliminary stage and suggested the parties abide by...

Refrain From Using Terms Like 'Lower Courts', 'Subordinate Courts' To Address Trial Courts: Kerala High Court

Chief Justice, A J Desai has directed the Registry of the Kerala High Court to notify to all the staff and members to refer to the records of the Trial Court as 'Trial Court Record' (TCR) instead of 'Lower Court Record' (LCR). The direction has also prohibited the usage of terms like 'Lower Courts' or 'Subordinate Courts' while referring to the Trial Courts or the Courts in the...

'Pressure Of Circumstances & Bad Behavior Will Not Go Hand In Hand': Kerala HC Warns Of Contempt Action Against Cop Who Used Abusive Vocatives

The Kerala High Court today warned that it will frame charges and initiate contempt proceedings against the cop who allegedly used prohibited abusive vocatives against an advocate at Alathur Police Station in Palakkad district. The Court had directed the SI and SHO of the police station to file their reply in the matter.Considering the reply affidavit filed by the SI (first respondent),...

Kerala High Court Lays Down Guidelines For Investigation By Police Officers In Cognizable Offences Committed Beyond Territorial Jurisdiction Of Police Station

The Kerala High Court has stated that there is no absolute prohibition for a police officer who recorded/registered an FIR to investigate/enquire into an offence committed beyond its territorial jurisdiction. It held that a police officer, irrespective of their jurisdiction has the competence to record information regarding the commission of a cognizable offence. It stated that once...

Will Clear Pension Arrears Of KSRTC Employees Within Two Weeks: State Govt Tells Kerala High Court

The State government has informed the Kerala High Court that pension arrears of retired Kerala State Road Transport Corp (KSRTC) employees would be paid within 2 weeks.These submissions came in a contempt plea, against the State for refusing to clear the pension arrears of the KSRTC employees.Counsel representing the Transport Department previously informed the bench regarding the...

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition.The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the Constitution for fixation...

Insurance Clauses Intending To Avoid Claims On Account Of Death Due To Self-Injury Or Disablement Under Influence Of Alcohol Not Arbitrary Or Capricious: Kerala HC

The Kerala High Court has stated that insurance clauses cannot be said to be arbitrary or capricious if they intend to avoid claims on account of self-injury or disablement on consumption of alcohol.The petitioner is a widow who has approached the Court seeking insurance for the death of her husband by drowning after accidentally tripping into a well. She was denied insurance on the...

Kerala High Courts Stays Termination Of Divisional Warden For Allegedly Using Logo Of 'Civil Defense Service' Without Authority

The Kerala High Court has stayed an order terminating a Divisional Warden in Civil Defense Service (CDS) in the Ernakulam Division which was allegedly issued without an enquiry and following principles of natural justice.Justice Basant Balaji has granted an interim stay against the (Ext P7). “ In the meanwhile, there shall be an interim stay of Exhibit P7 for a period of one month pertaining...

Kerala High Court Denies Plea For Non-Creamy Layer OBC Certificate, Says Engagement In Hereditary Occupation Needed For Certification

The Kerala High Court rejected a plea for 'non-creamy layer' certification on the ground that the petitioner wouldn't qualify for the categorization as it only applies to individuals engaged in their hereditary occupation. A single judge bench of Justice Devan Ramachandran was hearing a matter where the petitioner was denied a non-creamy layer certificate by the Tahsildar...