[Dr Vandana Das Murder Case] Kerala High Court Dismisses Bail Application Moved By Accused Sandeep

The Kerala High Court today rejected the bail application moved by accused Sandeep in Dr Vandana Das murder case.Dr. Vandana Das, the 23-year-old house surgeon was stabbed to death by an injured man who was brought to the government hospital by Pooyappally police. The young house surgeon was stabbed sixteen times by Sandeep, a school teacher, using dressing room scissorsWhile dismissing the...

[Dr Vandana Das Murder Case] No Serious Flaws In Investigation: Kerala High Court Dismisses Plea For Transfer Of Probe To CBI

The Kerala High Court today dismissed the writ petition filed by Dr Vandana's parents seeking transfer of probe to the Central Bureau of Investigation (CBI).Dr. Vandana Das, the 23-year-old house surgeon was stabbed to death by an injured man who was brought to the government hospital by Pooyappally police. The young house surgeon was stabbed sixteen times by Sandeep, a school teacher,...

Ground Water Vulnerable, Regulations Should Focus On Sustainability And Care For Future Generations: Kerala High Court

The Kerala High Court has reminded regulators that regulations on the usage of groundwater resources must be made focussing on rationality, control, safety, sustainability and care for future generations.Justice Devan Ramachandran stated that groundwater is an essential component of groundwater resources and a special type of mineral wealth and its uncontrolled usage can even affect...

Kerala HC Directs Police Not To Arrest Advocate B.A. Aloor Over Sexual Harassment Allegation Without Giving Notice Of Appearance U/S 41A CrPC

The Kerala High Court has directed not to arrest Advocate B A Aloor in an allegation of sexual harassment against a woman client without issuance of notice of appearance under Section 41 A CrPC.The crime was registered under Section 354A (sexual harassment and punishment for sexual harassment) of IPC at the Ernakulam Central Police Station. “In the interregnum, there shall be a direction...

Kerala High Court Weekly Round-Up: January 29- February 4, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 72-87]Venugopal v State of Kerala, 2024 LiveLaw (Ker) 72 Shree Dhanwantari Chits India Pvt Ltd. v. Banu & ors., 2024 LiveLaw (Ker) 73 Welfare Association of Kitco Employees (Wake) & ors v. Kerala Industrial and Technical Consultancy Organization (Kitco) & ors., 2024 LiveLaw (Ker) 74 XXX v. State of Kerala, 2024 LiveLaw (Ker) 75 Arifa TK...

Until Charges Proven Beyond Reasonable Doubt, Question Of Punishing Accused Doesn't Arise Merely Due To Heinous Nature Of Crime: Kerala HC

The Kerala High Court recently acquitted five RSS/BJP activists alleged of assaulting a CPI (M) worker due to political rivalry, on noting the absence of evidence to prove the identity of such persons beyond a reasonable doubt.The conviction of respondent no 1 was, however, upheld. The Single Judge Bench of Justice P.G. Ajithkumar relied upon the Apex Court decision in Ashish Batham v. State...

Kerala High Court Monthly Digest: January 2024 [Citations: 1-79]

Nominal Index [Citations: 2024 LiveLaw (Ker) 1-79]Union of India & Ors. v. P.K. Santhosh Kumar, 2024 LiveLaw (Ker) 1P C Najeeb v State of Kerala, 2024 LiveLaw (Ker) 2George Mathew v. State of Kerala, 2024 LiveLaw (Ker) 3XXX v State of Kerala, 2024 LiveLaw (Ker) 4Ranjith Kumar K.V. & Ors. v. State of Kerala & Ors., 2024 LiveLaw (Ker) 5X v Y, 2024 LiveLaw (Ker) 6Thazheveettil...

[Eviction Of Tenant] Can't Challenge Order Without Authenticated Copy, Approach Court Under Article 227 For Certified Copy, Injunction: Kerala High Court

The Kerala High Court recently dismissed a plea on a land dispute matter on the premise that the petitioner was yet to obtain a certified copy of the impugned order.The court added that the parties can seek an order under Article 227 of the Constitution, directing the Execution Court to issue a certified copy of the impugned order and grant an order of injunction in their favour to enable...

[Section 228 CrPC] Before Framing Charges, Judges Must Form An Opinion That There Were Grounds To Presume Accused Committed Alleged Offence: Kerala HC

The Kerala High Court has made it clear that before proceeding to frame charges against the accused, the judge has to form an opinion that there was grounds for presuming that the accused has committed the offences alleged against him.It stated that if there were no sufficient grounds, then the judge shall discharge the accused by recording specific reasons for discharge as per Section 227...

Kerala High Court Introduces Continuous Page Numbering Feature For Easy Reference Of Court Documents

The Kerala High Court has introduced a continuous page numbering feature for case documents in the e-filing portal for the purposes of simplifying the process of referencing and navigating through case documents in Courts. The move comes in the wake of CJI Chandrachud's announcement of steps to solve the issue of non-tallying of pagination of copies that often occurs during the pleadings....

NCLT Kochi Order “Preposterous” And “Untenable” Exceeding Jurisdiction In Declaring Tax Assessment Order Void: Kerala High Court

While allowing a Writ Petition, the Kerala High Court bench of Justice Dinesh Kumar Singh recently observed that an Order passed by the National Company Law Tribunal ('NCLT') Kochi Bench was 'preposterous' and 'untenable'. NCLT Kochi had held an Assessment Order by Kerala Value Added Tax ('KVAT') Works Contract Authorities against Albana Engineering (India) Pvt. Ltd. (Respondent 2) to...

[IPC 498A] Kerala High Court Acquits Husband For Abetment Of Wife's Suicide Due To Lack Of Mens Rea, Upholds Conviction For Cruelty

The Kerala High Court acquitted a husband who was accused of abetting his wife's suicide and stated that mens rea was an essential ingredient for sustaining a conviction for abetment of suicide under Section 306 IPC. On the other hand, while upholding his conviction for cruelty, it stated that proof of cruelty for sustaining a conviction under Section 498A IPC would depend upon the conduct...