S.256 CrPC | Power To Acquit Accused Can't Be Invoked By Executive, Sub-Divisional Or District Magistrate U/S 133: Kerala High Court

The Kerala High Court has recently held that the Executive Magistrate, Sub-Divisional Magistrate or District Magistrate cannot acquit an accused under Section 256 CrPC while invoking powers under Section 133 to 138 of CrPC by issuing conditional orders for the prevention of nuisance.Justice P.V. Kunhikrishnan also clarified that the Section 133 proceeding empowered the District, Sub-divisional...

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal

The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit. Justice A. Badharudeen, refused the condonation of delay on taking note that no sufficient reasons had been adduced warranting the same. "It is true that 'sufficient cause' is the decisive factor while condoning the delay. Though...

Solar Scam | Complainant Challenges MP KC Venugopal's Acquittal In Sexual Assault Case: Kerala High Court Admits Plea, Issues Notice

The Kerala High Court on Thursday admitted a criminal revision petition filed by the complainant in the solar sexual assault case challenging Congress MP K.C. Venugopal's acquittal in the matter. When the matter was taken up, Justice C.S. Dias issued notices to Venugopal, CBI and the State Government in the case. The complainant had approached the High...

Kerala High Court Dismisses MLA Ganesh Kumar's Plea To Quash Case For Alleged Conspiracy Against Deceased Former CM Oommen Chandy

The Kerala High Court on Friday dismissed the plea filed by MLA K.B. Ganesh Kumar seeking to quash the case against him in connection with alleged conspiracy involved in naming late Congress leader and former Chief Minister of the State, Oommen Chandy, in the solar sexual assault case.The case is pending before court of Judicial First Class Magistrate (JFCM) at Kottarakkara,"Serious...

'Tourism Major Source Of Revenue In Kerala': High Court Dismisses Plea Against KSRTC Tour Packages, Says Its Buses Have Special Area Permits

The Kerala High Court has dismissed the plea moved by a private contract carriage operator against the Tour package services offered by the Kerala State Road Transport Corporation using its stage carriages.Justice Dinesh Kumar Singh said these buses have special area permits to run and operate tour packages under the superclass scheme which was formulated by the state government by...

No Requirement To Have A DIN Number In Satisfaction Note Recorded By Assessing Authority: Kerala High Court Upholds Section 153C Proceedings

The Kerala High Court has upheld the proceedings under Section 153C of the Income Tax Act and noted that there is no requirement to have a DIN number in the satisfaction note recorded by the Assessing Authority.The bench of Justice Dinesh Kumar Singh has dismissed the writ petition and stated, “It cannot be said that the impugned notices and assessment orders are without jurisdiction...

Admitting Into Evidence Confessional Statements Made To Police U/S 25, 26 Evidence Act Vitiate Trial: Kerala High Court

The Kerala High Court on Thursday categorically held that admission of confessional statements made by accused to the Police, which are hit by bar under Sections 25 (Confession to police officer not to be proved) and 26 (Confession by accused while in custody of police not to be proved against him) of the Evidence Act, can vitiate a trial and lead to the acquittal of the accused.The...

Tanur Drugs Case: Kerala High Court Asks DLSA Chairman To Submit Report On Allegations Of Jail Torture

The Kerala High Court on Thursday directed the Chairman of Legal Services Authority, Kozhikode or any officer deputed by him to file a report after investigating into alleged harassment in jail meted out to persons arrested in connection with the alleged possession of narcotic drugs in Tanur, Malappuram.Justice P.V. Kunhikrishnan directed thus:“I am of the considered opinion that the...

People's Representative Expressing Concern Over Murder Probe, Asking Govt To Take Strict Action Not Defamation: Kerala High Court

The Kerala High Court while quashing the criminal complaint filed against Ex-MLA from Azhikode Constituency KM Shaji for alleged defamatory statements in connection with the Ariyil Shukoor murder case observed that a people's representative merely expressing concern over the conduct of probe cannot be said to be defamation.The complaint filed two-time member of the Kerala Legislative Assembly...

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section (1), certain offences have been listed which can be compounded without the permission of the...

Kerala High Court Grants Bail To Man Booked Under Explosives Act For Attacking Woman Who Rejected Marriage Proposal, Cites Prolonged Incarceration

Citing prolonged incarceration of over a year, the Kerala High Court has granted bail to a man who allegedly attacked a woman for rejecting his marriage proposal by using a chopper and explosives, leading to loss of her four fingers.Justice Bechu Kurian Thomas granted bail to the accused who has been in jail since June 28, 2022 and observed that further detention would amount to...

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act ('Appeal to Appellate Tribunal').It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K....