CMRL Bribery Case: Kerala High Court Says Can't Probe CM Pinarayi Unless Allegations Disclose Prima Facie Offence Under Corruption Act

The Kerala High Court on Wednesday orally observed that it cannot order a probe against Chief Minister Pinarayi Vijayan in connection with the CMRL bribery case, unless the allegations against him disclose a prima facie offence under the Prevention of Corruption Act.CM Pinarayi's daughter Veena Thaikandiyil is the prime accused in the case. It is alleged that she received kickbacks through...

Baptism Certificate Cannot Be Given Primacy Over Official Documents Like Aadhar Card To Ascertain Date Of Birth: Kerala High Court

The Kerala High Court has held that baptism certificate cannot be given primacy over official documents like SSLC Certificate, Aadhaar Card, PAN Card and driving license to ascertain the date of birth of a person belonging to Christian community. Justice Murali Purushothaman observed thus:“A baptism certificate is issued by the Church to record the baptism of a person. No primacy can...

Instead Of Ordering From Swiggy And Zomato, Let Children Enjoy Delicious Food Cooked By Mothers: Kerala High Court Advises Parents

The Kerala High Court today emphasized on importance of home-cooked meals for children and advised parents to deter from ordering food from restaurants via online delivery platforms Swiggy and Zomato.Justice PV Kunhikrishnan was dealing with a case concerning access to pornography via few clicks of a hand-held mobile phone when he ventured into the arena of modern parenting where children...

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court

The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. If such grounds are found,...

Privately Watching Porn Video Without Exhibiting It To Others Will Not Attract Offence Of Obscenity U/S 292 IPC: Kerala High Court

The Kerala High Court last week quashed criminal proceedings initiated against a man who was arrested by the Police from roadside for watching pornography on his mobile phone.Justice P.V.Kunhikrishnan stated that "privately" watching obscene photos or videos on one’s phone without distributing or publicly exhibiting it will not attract the offence of obscenity under IPC. It added that...

Kerala Municipality Act | Property Tax To Be Paid Only From Date Of Issuance Of Occupancy Certificate: High Court

The Kerala High Court recently held that property tax is liable to be paid only from the period of issuance of the occupancy certificate, and not prior to the same. The Court reasoned that since tax can only be levied on a building which becomes capable of being used for residential purposes as per Section 233 (2)(a) of the Kerala Municipality Act, 1994, and since it is only on the issuance...

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court

The Kerala High Court has held that while issuing summons to show cause under provisions of bond for peace keeping, etc., the Magistrate has to follow the procedure laid down under Section 111 of CrPC.Justice A. Badharudeen observed thus:“it is the mandate that whenever a Magistrate intents to proceed acting under section 107, section 108, section 109, or section 110, deems it necessary...

Food Packing In Plastic Containers Raise Serious Public Health Concerns: Kerala High Court Seeks Response From Food Safety Commissioner

The Kerala High Court has sought the response of the Commissioner of Food Safety on a plea drawing the attention of the Court to the quality and nature of the packing materials being used in the State for serving food articles.The plea was filed seeking action to be initiated on the use of plastic, uncoated papers and newsprints for packing food articles at restaurants.The Single Bench of...

Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court

The Kerala High Court recently held that there was no impediment for the Indian Army in granting family pension to the second wife of a deceased serviceman even if the first marriage was not dissolved legally, as long as the first wife was not interested in the pension.Justice Devan Ramachandran observed that the Indian Army could consider the claim of the second wife since their marriage...

Kollam Doctor Murder: Accused Sandeep Withdraws Bail Plea From Kerala High Court

The bail application moved before the Kerala High Court by Sandeep, sole accused in the brutal murder of the 23 year old house surgeon Vandana Das, was withdrawn today. The Single Bench of Justice Gopinath P. accordingly dismissed the plea as withdrawn."After arguing for some time, the learned counsel for the petitioner seeks permission to withdraw the bail application. Dismissed as...

KVAT Act | Tax Doesn't Apply To Transfer Of Goods But To Transfer Of 'Right To Use' Goods: Kerala High Court

In a significant ruling, the Kerala High Court recently held that the tax under the KVAT Act applied not to the transfer of goods but to the transfer of the right to use goods.A division bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias CP added that the taxable event occurs when the contract for goods delivery is executed, irrespective of whether the transfer...

Govt Funds For 'Noon-Meal Scheme' Inadequate, School Headmasters Forced To Take Personal Loans: Plea In Kerala High Court

The Kerala Pradesh School Teachers' Association and the Headmasters of certain government and aided schools have approached the Kerala High Court seeking a direction to the Director of General Education to absolve the Head Masters from the responsibility of running the 'Noon Meal Scheme' and to entrust the same with an independent agency.The noon-meal scheme was introduced by the Government...