Indian Courts Have Jurisdiction To Protect Best Interest Of Child/Incapable Adult Where No Legal Remedy Available In Foreign Court: Kerala HC

The Kerala High Court recently laid down that Indian Courts are vested with the jurisdiction to protect the best interest or welfare of a child or an incapable adult, if so warranted, in circumstances where the Court forms an opinion that the party who approached it has no legal remedy before the Court beyond Indian territory. The Division Bench comprising Justice A. Muhamed Mustaque and...

Subjecting Children Of Rape Victims To DNA Tests Will Defeat Divine Concept Of Adoption: Amicus Curiae Tells Kerala High Court

Amicus Curiae Advocate A. Parvathi Menon on Monday informed the Court that subjecting the children of rape or POCSO victims, who had thereafter been given in adoption, to DNA tests would tantamount to defeating the purpose of 'the divine concept of adoption'. "An adopted child cannot be at any point of his/her/their growth be violated of his/her/their privacy. There are instances where...

GST Evasion Prosecution Does Not Depend Upon Completion Of Assessment: Kerala High Court

The Kerala High Court has held that prosecution for offences under Section 132 of the CGST Act does not depend upon the completion of the assessment.The bench of Justice Mohammed Nias C.P. refused to grant bail on the grounds that there is an alleged evasion of more than Rs. 6.5 crore against the petitioner. A serious allegation is made, which warrants a thorough investigation. When...

Lawyer Moves Kerala High Court Seeking Serious Fraud Investigation In Business Affairs Of CMRL

A lawyer has moved a plea before the Kerala High Court seeking a Serious Fraud Investigation in the conduct of business affairs of the Cochin Minerals and Rutile Ltd (CMRL).CMRL is presently entangled in a slew of bribery allegations. It is alleged that the Company indulged in corruption, and handed bribes to Veena Thaikandiyil (Veena Vijayan), daughter of Chief Minister Pinarayi Vijayan, and...

Doctor Accused Of Abetting Girlfriend's Suicide By Asking For Exorbitant Dowry Moves Kerala High Court Seeking Bail

A bail application has been moved in the Kerala High Court by Dr. Ruwais, who had been booked for abetting the suicide of his girlfriend, Dr. Shahana. Dr. Shahana, who was a Postgraduate surgery student at Government Medical College, Thiruvananthapuram, had committed suicide due to financial constraints faced by her family, and their failure to meet the alleged demands for exorbitant dowry...

Kerala High Court- Weekly Round-Up: December 11- December 17, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 719- 737]Maya Venu v. Power Grid Corporation of India & Ors. and other connected matters, 2023 LiveLaw (Ker) 719P.H.Fathima V State Of Kerala, 2023 LiveLaw (Ker) 720Satheesh Babu v. State of Kerala & Anr., 2023 LiveLaw (Ker) 721K.N. Abdul Gafoor v. M/S Kasmisons Builders Pvt. Ltd. & Ors., 2023 LiveLaw (Ker) 722Sajani V Sabu, 2023...

[Kerala GST Act] 'Officials Can Invoke Power To Arrest U/S 69 If Offence Made Out U/S 132': HC Denies Bail To Man In ₹6.4 Crore Tax Evasion Case

The Kerala High Court made it clear the officials can invoke the power to arrest under Section 69 of the Kerala State Goods and Services Act, 2017 if there was a reasonable belief that an offence under Section 132 was made out and that custodial interrogation was necessary.Section 132 (1) provides the punishment for the commission of certain offences under the Act. The allegation against...

Obligations Of Adoptive Parents Are Higher Both Morally & Ethically: Kerala High Court Tells Couple Caught In Adoption Annulment Row

"Had you been the biological parents, would you decide not to keep the child? This is a case which shows me that adoptive; parents are different. If a child is not well or has some disorder, will parents say that they don't want the child?" the Kerala High Court lamented on Friday, while considering the plea moved by the adoptive parents seeking the permission of the Court to annul the...

Kerala High Court Quashes Devaswom Board Order Permitting Use Of Temple Premises For 'Nava Kerala Sadas'

The Kerala High Court has quashed an order issued by the Travancore Devaswom Board which permitted the conduct of 'Nava Kerala Sadas' on Chakkuvally Prabrahma Temple premises. The Division Bench comprising Justice Anil K. Narendran and Justice G. Girish passed the order on a plea filed by two devotees of the temple alleging blatant violation of provisions of the Travancore-Cochin Hindu...

Jail Authorities Should Pass Considered Orders On Requests For Emergency Leave, Ordinary Parole Within 3 Weeks Of Application: Kerala High Court

In a significant decision, the Kerala High Court underscored the duty of jail authorities to consider applications moved by convicts and relatives of convicts for emergency leave, ordinary leave, and so on, within a fixed time frame. Justice P.V. Kunhikrishnan took note that there were several petitions before the Court moved by convicts and their close relatives for getting emergency...

Sabarimala Crowd Management: Kerala HC Issues Guidelines Against Pilgrims' Exploitation, Directs Authorities To Raise Awareness On Court Proceedings

The Kerala High Court yesterday (December 14) issued another set of guidelines for ensuring that the pilgrims at Sabarimala are not exploited by collection of higher fees/charges at parking grounds or by persons conducting hotels and restaurants.The Court issued the guidelines while hearing a suo moto petition where it was considering issues regarding crowd management of pilgrims at...

Kerala High Court Allows Aggrieved Councillors To Move State Authority Against Decision Of Municipal Council To Allot Licensee For Tourist Home

The Kerala High Court has permitted aggrieved Municipal Councillors to challenge the decision of the Council regarding the identification of a prospective licensee for running 'Bini Tourist Home', a building owned by the Thrissur Municipal Corporation, before the State Authority.The matter pertains to the eruption of an alleged raucous at the meeting of the Corporation Council, following...