Kerala High Court Permits Advocate To Collect Personal Belongings Of Foreign National Awaiting Deportation After Being Acquitted Of Charges Under NDPS Act

The Kerala High Court has permitted an Advocate to collect the personal articles belonging to the Foreign National on his behalf since he was placed in a transit centre and could not move around anywhere in India and was awaiting deportation.The foreign national approached the High Court seeking the release of his articles including documents like passport, certificate of vaccination,...

Chancellors Of Universities Must Consider Legality & Jurisdiction Of Show-Cause Notices Issued To VCs Under UGC Regulations & SC Decisions: Kerala HC

The Kerala High Court has directed the Chancellor to consider the legality and jurisdiction of the show cause notices issued to the Vice Chancellors of Sree Sankaracharya University of Sanskrit, Kalady, University of Calicut, Kerala University of Digital Sciences, Innovation and Technology and Sree Narayana Open University based on the UGC Regulations and the law laid down by the Apex Court...

Kerala High Court Grants Bail To Man Who Allegedly Made Abusive & Casteist Remarks Against Minister K. Radhakrishnan On Facebook

The Kerala High Court yesterday granted bail to the appellant who was in judicial custody for allegedly making abusive and casteist remarks against the Minister for Welfare of Scheduled Castes, Scheduled Tribes and Backward Classes and Devaswom, K. Radhakrishnan in Facebook in connection with his visit to Sabarimala Ayyapa Temple.The crime was registered under Section 153A of IPC...

[Masala Bonds Case] Respond To ED Summons: Kerala High Court Tells KIIFB

The Kerala High Court yesterday stated that it will not interdict in the investigation that is being conducted by the Enforcement Directorate (ED) against the Kerala Infrastructure Investment Fund Board (KIIFB) in relation to the masala bonds case. Fresh summons was issued to KIIFB seeking the submission of documents and for taking oral evidence.Justice Devan Ramachandran stated that the...

No Restriction On 'Serious Fraud Investigation' Against Company Owned By CM Pinarayi Vijayan's Daughter: Centre To Kerala High Court

The Central government has informed the Kerala High Court that there is no restriction on investigation by the Serious Fraud Investigation Office into Exalogic Solutions, an IT company owned by CM Pinarayi Vijayan's daughter, which is allegedly involved in CMRL bribery case.The company is alleged to have received kickbacks from Cochin Minerals and Rutile Ltd., without having rendered any...

Kerala High Court Digest 2023: Negotiable Instruments Act

Complainant U/S 138 NI Act Must Specifically Assert That Power Of Attorney Holder Has Knowledge Of Impugned Transaction: Kerala High CourtCase Title: Razak Mether v. State of Kerala and Anr.Citation: 2023 LiveLaw (Ker) 24The Kerala High Court observed that a complaint filed under Section 138 of the Negotiable Instruments Act through power of attorney holder is perfectly legal and...

'Lagging Behind CBSE': Kerala High Court Directs SCERT To Show Proposed Textbooks Inculcating Prevention-Oriented Curriculum For School Children

The Kerala High Court has directed the SCERT to make available textbooks with 'prevention-oriented curriculum' for the perusal of the Court which will be printed soon for imparting prevention-based awareness to children from the next academic year in schools.Justice Bechu Kurian Thomas directed thus: “Special Government Pleader for the State Education Department shall make available...

Passport Can't Be Seized Or Retained By Investigating Agency In Absence Of Any Crime Committed With It: Kerala High Court

A passport cannot be seized or retained by the investigating agencies in the absence of any crime committed or suspected to have been committed with the said document, the Kerala High Court has held.A single bench of Justice Bechu Kurian Thomas thus allowed the petition moved by an accused booked under the NDPS Act, seeking release of his passport, his mobile phone and Bahraini identity...

Kerala High Court Quashes Preventive Detention Of 21-Yr-Old, Appoints Advocate As His 'Mentor'

The Kerala High Court has released a 21-year old boy, who was implicated in seven crimes for allegedly causing obstruction to police officer in performing official duties and under the NDPS Act, from detention under the Kerala Anti-Social Activities (Prevention) Act, 2007.The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen, considering the age of the...

Section 100 CPC | Second Appeal Doesn't Lie On Equitable Grounds: Kerala High Court

The Kerala High Court recently stated that the High Court shall admit and hear a second appeal under Order XLII Rule 1,2 read with Section 100 CPC only on 'substantial question of law' and not on equitable grounds.Justice A. Badharudeen observed that the term 'substantial' means having substance, essential, real, of sound worth, important or considerable. It stated that 'substantial question...

[S.7 PC Act] Kerala High Court Distinguishes Between Acceptance & Obtainment Of Bribe; Says Proof Of Offer, Acceptance Or Prior Demand Must Be Established

The Kerala High Court has made it clear that when the bribe giver offers to pay a bribe without there being any demand from the public servant, it is a case of acceptance under Section 7 of the Prevention of Corruption Act (PC Act). In case of acceptance, the public servant merely accepts the offer of a bribe and receives illegal gratification.Justice K Babu observed that in case of...

No Palpable Misreading Of Records By Magistrate, Revisional Jurisdiction Cannot Be Equated With Appeal: Kerala High Court Dismisses Plea

In a revision plea concerning Section 13 of the Prevention of Corruption Act, the Kerala High Court remarked that “the whole purpose of the revisional jurisdiction is to preserve the power in the court to do justice in accordance with the principles of criminal jurisprudence.”The revisional power of the court is not to be equated with that of an appeal. Unless the finding of the court,...