LPG Distributorship Falls Under Motor Transport Workers Act? Kerala High Court Stays Inspection Note Issued To Gas Agency

The Kerala High Court has given an interim stay against the inspection note issued to the owner of an LPG distributorship on the finding that his gas agency would not qualify as a 'motor transport undertaking' and thus the provisions of the Motor Transport Workers Act, 1961 will not be attracted. The inspection note was issued by the Assistant Labour Officer alleging that the gas agency was...

"Caring For Old People Is Our Greatest Responsibility": Kerala HC Makes Exception For Senior Citizen, Allows Reclamation Of Water-Logged Land To Build House

The Kerala High Court has taken a humanitarian stand and permitted an 85-year-old abandoned woman to construct a residential house on her only property of waterlogged land.“Can this Court dismiss such an application stating that the reclamation of a small bit of land out of the 81 cents of land owned by the petitioner will adversely affect the ecological condition and cultivation in...

Kerala High Court Declines Anticipatory Bail Plea Of Co-Accused In BSNL Co-Operative Society Scam Case

The Kerala High Court recently dismissed the anticipatory bail plea of a 59-year-old lady who was alleged to be the close accomplice of the prime accused in the BSNL Co-Operative Society scam. Justice C.S. Dias was of the view that the petitioner is not entitled to anticipatory bail considering that the investigation is in progress and that her custodial interrogation is necessary. "On an...

Police Officers Accountable To People, Bad Behaviour Will Not Be Countenanced Or Tolerated: Kerala High Court

The Kerala High Court has today made it clear that the police officers were accountable to the people, and their bad behaviour will not be countenanced or tolerated.The Court was also informed by the State Police Chief Shaik Darvesh Saheb who appeared online that an additional circular (Circular. 2/2024/PHQ dated 30.01.2024) was issued for ensuring appropriate behaviour from police...

Writ Jurisdiction Can Be Invoked To Seek Bail In Exceptional Cases To Secure Liberty: Kerala High Court

The Kerala High Court has held that though the writ jurisdiction under Article 226 of the Constitution is not a substitute to the remedy of bail under Section 438 or 439 of CrPC, the same may be invoked in exceptional cases for securing liberty.Justice K Babu observed,“While seeking a relief of bail in a petition under Article 226 of the Constitution, the High Court has to exercise its...

[Masala Bonds Case] Former Kerala Finance Minister Thomas Isaac Moves High Court Challenging Second Summons Issued By ED

The Kerala High Court today considered a petition filed by former Finance Minister Thomas Issac challenging the second summons issued by the Enforcement Directorate in connection with the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB) in relation to the masala bonds case.Justice Devan Ramachandran issued notice to the respondents and posted the matter...

Kerala HC Seeks State's Response In Plea Challenging Constitutional Validity Of S.219AD(5) Of Panchayat Raj Act Enacted Through 2023 Ordinance

A plea has been moved in the Kerala High Court challenging the constitutional validity of Section 219AD(5) of the Kerala Panchayat Raj Act, 1994 ('Act, 1994'), which had been enacted by an Ordinance promulgated by the Governor on December 7, 2023. When the matter was taken up on Monday, the Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen sought the...

[S. 84 IPC] Kerala HC Allows Appeal By Accused Who Pled Insanity Over Parents' Murder, Says He Didn't Attempt To Flee, Maintained Affection For Parents

The Kerala High Court has allowed an appeal where the accused had taken a plea of insanity as a defence in the case of the murder of his parents.A division judge bench of Justice PB Suresh Kumar and Justice Johnson John allowed the appeal, stating that the “prosecution has not established the motive of the accused to cause the death of his parents. Similarly, the accused has not made...

Can CBFC Change Film's Name If Found To Be Stigmatic/ Likely To Affect Law & Order?: Kerala High Court Asks Centre

The Kerala High Court has asked the Central government whether the Central Board of Film Certification (CBFC) has powers to change the name of a film if it is found to be stigmatic or likely to create law and order issues.The bench of Justice Devan Ramachandran was hearing a plea concerning Dileep-starrer 'Thankamani' which is apparently based on a real-life incident that occurred in...

NBW | Magistrate Must Ascertain Whether Accused 'Intentionally' Avoided Investigation, Can't Simply Rely On Statement In Chargesheet: Kerala HC

The Kerala High Court has made it clear that the process for securing presence of an accused, as laid down by the Supreme Court in Satendar Kumar Antil v. CBI. is mandatory and an exception from the approach, where accused has not cooperated in the investigation, is available only after the Magistrate ascertains the factum of accused's absence independently.Justice Bechu Kurian Thomas said the...

Kerala High Court Permits 'Honourably Acquitted' Irish Citizen To Visit Ailing Mother Abroad, Says Prospective Appeal No Ground To Detain Him

The Kerala High Court has permitted an Irish citizen to travel back to his home country to visit his ill mother despite the contention that a Special Leave Petition (SLP) would be preferred against his honourable acquittal.The petitioner, an Irish citizen whose acquittal by Magistrate Court was confirmed by the High Court had sought liberty to go back to his country to visit his ill...

Kerala High Court Enquires Into Feasibility Of Separate Portal For General Public/ Producers To Upload Info On 'Malicious Review Bombing'

The Kerala High Court enquired about the possibility of having a separate portal operated and monitored by a separate unit where people or producers can upload information about malicious review bombings. It stated that the issue now was that a criminal complaint or cyber complaint had to be filed against malicious review bombing.Justice Devan Ramachandran stated thus, “Learned Amicus...