Kerala High Court Quashes Obscenity FIR Against Actor Shwetha Menon, Says Complaint Filed To 'Tarnish' Her Reputation

The Kerala High Court on Wednesday (March 11) quashed all further proceedings in the FIR and private complaint lodged against Malayalam actor Shwetha Menon for allegedly acting in movies and advertisements containing obscene and vulgar visuals.Justice C.S. Dias was considering a plea by the actor seeking to quash all further proceedings against her prusuant to the complaint and FIR. The...

Redisplaying Of Defamatory Content Can Attract Offence U/S 499, 500 IPC: Kerala High Court Refuses To Quash Case Against Magazine Editors

The Kerala High Court recently dismissed the plea preferred by the editors of Vellinakshatram magazine seeking to quash the criminal complaint initiated against them for allegedly defaming an actor by redisplaying on their website the derogatory comments made against him in a Facebook group.Justice G. Girish held that the offence of defamation as provided under Section 499 IPC makes...

Notification Inviting Applications Only For Govt Pleader Can't Be Used To Appoint Public Prosecutor: Kerala High Court

The Kerala High Court has held that notification inviting application only for Government Pleader cannot be used for the appointment of Public Prosecutor. The Court observed that the Rule 7 of the Kerala Government Law Officers(Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 enables the Government to separate the offices of Government Pleaders and Public Prosecutors...

Grounds Of Arrest Need Not Be Separately Communicated To Accused On Production Warrant, But Relatives Must Be Informed: Kerala High Court

The Kerala High Court recently held that when an accused, who is already under judicial custody, is arrested in relation to another case following a production warrant under Section 302 BNSS, there is no need to separately inform him of the grounds of arrest. The reasoning of the Court was that as per Form 37, relating to the order requiring production of a person in prison as per Section...

2017 Actress Assault Case: Kerala High Court Condones 17 Days Delay In State's Appeal

The Kerala High Court on Tuesday (10 March) condoned the 17 days delay in the appeal filed by the State challenging a sessions court order acquitting actor Dileep of all charges in the 2017 Actress Assault case and seeking enhancement of the punishment for the convicted persons. The Division Bench comprising Dr. Justice A. K. Jayasankaran Nambiar and Justice Jobin Sebastian condoned the delay...

Govt Using Employee Data To Communicate Benefits Not Privacy Violation: Kerala High Court Dismisses Plea Challenging CMO's Bulk Messages

The Kerala High Court on Tuesday (March 10) dismissed a plea alleging violation of privacy of government employees and judges by the State by sending bulk messages to their phone numbers, which was illegally accessed from SPARK [Service Pay Roll Administrative Repository for Kerala].Justice Bechu Kurian Thomas pronounced in open court: "Thus, if used for legitimate purposes, including for...

Bail In POCSO Case Can Be Set Aside If Victim Not Heard : Kerala High Court

The Kerala High Court has held that bail granted to an accused in offences under the Protection of Children from Sexual Offences (POCSO) Act can be set aside if the victim or guardian is not given an opportunity to be heard before the bail order is passed.Justice C. Pratheep Kumar was considering a criminal miscellaneous case seeking to set aside the bail order granted by the Sessions...

Kerala High Court Allows Accused To Renew Passport With 5-Year Validity For Overseas Employment

The Kerala High Court recently permitted a person accused in two criminal cases to renew his passport with a validity of 5 years in order to enable him to travel abroad for his new job in Oman.Justice C.S. Dias was considering a plea wherein the petitioner had filed applications in both the cases before the trial court for permission to renew his passport and to travel abroad. Though...

'Medical Service Is Essential': Kerala High Court Directs State To Provide Uninterrupted Medical Services Amid Doctors' Strike

The Kerala High Court recently closed the public interest litigation seeking a direction to the State to ensure uninterrupted functioning of Out-Patient Departments (OPD) and all essential medical services in Government Medical Colleges in view of the indefinite boycott by the Kerala Government Medical College Teachers' Association (KGMCTA), initiated on February 16.The Division Bench of...

Unreasoned Medical Board Opinion Can't Be Basis To Deny Disability Pension To Persons In Military Service: Kerala High Court

The Kerala High Court has reaffirmed that a reasoned opinion by a Medical Board is indispensable in denying disability pension to armed forces personnel.The division bench comprising Justice K Natarajan and Justice Johnson John were delivering the judgment in a writ petition filed by the Union of India challenging an order of the Armed Forces Tribunal. The respondent was enrolled in the...

Ombudsman For Local Self Government Institutions Can't Entertain Complaints Against Village Officer: Kerala High Court

The Kerala High Court recently held that a complaint against a Village Officer cannot be entertained before the Ombudsman for Local Self Government Institutions.Justice P.V. Kunhikrishnan was considering a plea preferred by a Village Officer aggrieved by the proceedings pending against him before the Ombudsman that was initiated on the basis of a complaint.The Court referred to the definitions...

ATM Fraud Losses Arising Out Of Other Banks' Cards Not Covered When Banker's Indemnity Policy Excludes Such Losses: Kerala High Court

The Kerala High Court has held that losses suffered by a bank due to fraudulent ATM withdrawals using debit cards issued by other banks are not covered under a Banker's Indemnity Insurance Policy when the policy expressly excludes losses arising from the use of ATMs.The Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar set aside a trial court decree that had...