Court Cannot Itself Indulge In Reading Book To Determine 'Obscenity' When Prosecution Fails To Discharge Initial Onus Of Proof: Kerala High Court

The Kerala High Court has set aside the conviction of a person accused of displaying obscene books for sale in a shop room on the ground that the prosecution had failed to prove that the books were obscene or that the accused was in possession of the shop room from where the books were seized.The Single Judge Bench of Justice C.S. Dias noted that the material prosecution witnesses, i.e....

CBI Probe 'Not Full Proof', Must Determine If There Was Any Conspiracy: Kerala HC Orders Further Investigation Into Violinist Balabhaskar’s Death

The Kerala High Court today ordered further investigation into the death of Violinist Balabhaskar. Justice Bechu Kurian Thomas expressing dissatisfaction at the investigation conducted by the CBI, directed thus:“ In view of the above discussion, this Court is of the view that the investigation conducted by the CBI has not been full proof and the circumstances arising in the case need to...

[Attack Against Lawyer] Bar Council Of Kerala Declares Oct. 5, 2023 As Protest Day

The Bar Council of Kerala has declared today, October 5, 2023, as a Protest Day, against the brutal attack on Adv. B.S. Prakash at Nedumangad Court complex yesterday. As per news reports, Advocate Prakash was assaulted by a man who had come as a witness in a case. Pursuant to the case being adjourned to another date, the attacker, Shajahan, proceeded to assault his lawyer, Advocate...

Legal Advice Received After Expiry Of Statutory Appeal Period Not Ground To Condone Delay: Kerala High Court

The Kerala High Court while dismissing a rent control revision petition stated that subsequent legal advice given to a party cannot be accepted as a ground for condonation of delay to prefer an appeal.Justice P.B. Suresh Kumar and Justice P.G. Ajithkumar observed that if delay was condoned based on subsequent legal advice received by a party, then that would defeat the purpose of Limitation...

Kerala High Court Allows Parole For Life Convict To Undergo IVF Treatment, Says He Has Every Right To A Decent Life

The Kerala High Court has granted leave to a life convict undergoing incarceration at Central Prison & Correctional Home, Viyyur for undergoing IVF/ICSI treatment. The convict's wife had approached the Court seeking parole for her husband who had been undergoing imprisonment for the past 7 years, so that he could complete the treatment procedure to have a child, via IVF/ICSI (In...

Attachment Order Comes To End When Absconder Surrenders, No Hindrance On Sale Of Property Thereafter: Kerala High Court

The Kerala High Court recently reiterated that the purpose of attachment of a property would come to an end when the absconder to whom the property belongs, surrenders before the Court. It added that there would thus not be any attachment order in force hindering payment of tax in respect of the property when it is subsequently sold to another. While passing the order, Justice...

Kerala High Court Calls For Amendments To Criminal Practice Rules For Adopting Electronic Tracking System, Digitization Of Records

In a recent suo moto case on missing properties from court custody, the Kerala High Court noted that Rule 184 of Criminal Rules of Practice, 1982 dealing with maintenance of property registers was not in consonance with the technological advancements of present times.Justice V.G Arun noted that amendments have to be made in Rule 184 for introducing recent technological advancements...

Kerala High Court Comes To Aid Of Interfaith Couple, Both Employed With Govt

The Kerala High Court on Tuesday came to the aid of a Lance Naik in the Indian Army and an employee of the Indian Railways, seeking to marry each other. Their interfaith relationship was being opposed by the woman's family.The Division Bench comprising Justice Anu Sivaraman and Justice Viju Abraham ordered that the woman could not be detained against her will, and thereby directed her...

Kerala High Court Orders Action Against Vloggers Found Promoting Use Of Modified Vehicles

The Kerala High Court has asked the State Police as well as the Enforcement Officers in the Motor Vehicles Department to initiate appropriate action against some vloggers who it noted were promoting the use of modified vehicles, including buses with modified LED lights, by posting vlogs on YouTube and other online media.The division bench comprising Justice Anil K. Narendran and Justice...

RERA Authority Can Award Statutory Interest Even If Allottee Withdrawing From Project Claims Lower Rate: Kerala High Court

The Kerala High Court recently ruled that interest rates payable to allottees withdrawing from a project should be as per Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018 while clarifying that claiming a lesser interest rate does not preclude allottees from receiving the statutory rate. Justice A. Badharudeen added that while Rule 18 specifies the standard interest...

Proliferation Of Crime In Election Process Affects Democracy, Can't Let MPs To Continue In Office Despite Conviction: Kerala High Court

Criminalisation of election process is of grave concern to democracy and if persons with criminal antecedents are permitted to continue as Members of Parliament / Legislatures even after conviction by a competent court, that would only send wrong signals to public at large, the Kerala High Court said today.The observations were made while refusing to suspend the conviction of Lakshadweep...

Kerala High Court Stays Summons Issued To Lakeshore Hospital, Doctors Over Alleged Illegal Liver Transplant

The Kerala High Court has stayed the order of the Judicial First Class Magistrate Court issuing summons to Lakeshore Hospital and 8 of its doctors accused of transplanting the liver and kidneys of an 18-year-old, in violation of the provisions of the Transplantation of Human Organs Act (THOA), 1994.Justice P.V. Kunhikrishnan passed the Order, staying the summons for a period of 6 months....