Kerala High Court
Contraband Of Just Above Intermediate Quantity But Not Sizable Is An Additional Factor For Diluting Rigour Of Section 37 NDPS Act: Kerala High Court
The Kerala High Court recently said that the quantity of the contraband seized being just above the intermediary quantity can be one of the grounds to dilute the rigour of Section 37 while granting bail in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court held that apart from the parameters already laid down by the Apex Court including lack of...
If Unmarried Muslim Daughter Is Not Entitled To Maintenance U/S 125 CrPC, Family Court Can Consider Claim Under Muslim Personal Law: Kerala High Court
The Kerala High Court recently held that if a claim for maintenance under Section 125 of the CrPC made by an unmarried muslim daughter, who has attained majority, is not valid, the same claim can be made under Muslim Personal Law and the Family Court can consider it to prevent multiplicity of proceedings.A division bench of Justice Alexander Thomas and Justice Ziyad Rahman observed...
Profile Of An Assessing Authority Can’t Be Stern And Unreasonable, Programmed Solely To Collect Tax: Kerala High Court
The Kerala High Court has held that the profile of an assessing authority can no longer be that of a stern and unreasonable automaton that is programmed solely to collect the tax."We have come across assessing authorities passing orders in a mechanical manner without showing how the taxable event is attracted in a given case or without giving reasons for denying the claim of an assessee...
'How Can Criminal Liability Be Attributed?': Kerala High Court Asks In Plea Against Forest Officials Over Sloth Bear's Death In Well
The Walking Eye Foundation for Animal Advocacy has filed a plea before the Kerala High Court seeking to fix responsibility and initiate administrative action against the Forest department officials and Veterinarian over death of a sloth bear which had fallen into a well on April 20, 2023. The plea accused the officials of not taking proper action in the matter.The incident relates to a Sloth...
Kerala High Court Dismisses Reporter TV's Plea Against Direction To Produce Allegedly Contemptuous News Items Broadcasted On 2017 Actor Assault Case
The Kerala High Court on Tuesday dismissed a petition filed on behalf of Reporter TV challenging the order of a Sessions Court directing the news channel to produce the news items, including discussions and interviews, broadcasted by it from December 25, 2021 to October 21, 2022, in connection with the 2017 Actor Assault case. The direction was issued in a petition seeking reference to the...
7 Persons Convicted In Madhu Lynching Case Move Kerala High Court Against Order Of Special Court
Seven of the fourteen persons convicted in the Madhu Lynching Case have approached the Kerala High Court for setting aside of the conviction and sentence of the Special Court for SC/ST (Prevention of Atrocities) Act, Mannarkkad. The case pertains to the death of a mentally challenged tribal youth, Madhu, who was lynched in February 2018, on suspicion of theft of rice, spices from shops in...
Quantity Of Contraband Can Be Considered For Dilution Of Rigour Of S.37 NDPS Act After Satisfying Other Parameters For Bail: Kerala High Court
The Kerala High Court recently observed that quantity of the contraband seized from an accused can also be regarded as a parameter in addition to other factors, for diluting the rigour under Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) for the purposes of grant of bail. As per Section 37 of the NDPS Act, the Court can grant bail to the accused only if...
No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court
The Kerala High Court recently held that mere settlement of an attempt to murder case between the parties by itself could not be a ground for granting bail to an accused. The Single Judge Bench of Justice A. Badharudeen observed that the grant of bail shall be subject to the merits of the matter, including the antecedents of the petitioner. "Going by the available materials, the allegations...
Is There Need To Continue Granting Community-Based Licenses For Cremation, Burial Grounds? Kerala High Court Asks State To Examine
The Kerala High Court recently asked the State to examine whether there was any need to continue granting separate licenses for burial or burning grounds for different communities, and whether such an action would violate Articles 14 and 21 of the Indian Constitution. The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman was considering a petition...
Eligibility Criteria In Prospectus Can Be Amended When There Is Discrimination Between Similarly Situated Candidates: Kerala High Court
The Kerala High Court recently considered the question as to whether pursuant to the publication of the final list of candidates in the service quota for Medical Officers, for admission to the Post Graduate Ayurveda courses 2022, one of the eligibility criteria mentioned in the prospectus could be changed. While the Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma...
Claim Of Deduction Under Section 80P Is Conditional On Filing A Return Within The Due Date: Kerala High Court
The Kerala High Court has held that the pre-condition for claiming the deduction under Section 80P of the IT Act has now been made more stringent by reducing the time available to an assessee for making the claim.The bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. has observed that the claim for deduction under Section 80P is conditional on filing a return within the...
Kerala High Court Moves Towards Complete Automaton Of Online Certified Copy Application Process
The Kerala High Court has automated the entire process of online certified copy application. As per the existing system, Advocates, parties in person, and members of the public may apply for a certified copy using the dashboard provided. All applications would be available in the certified copying section copyist dashboard. Once the copyist has verified the application, it would then be...