[S.351 BNSS] Accused Exempted From Personal Appearance Can Answer Questions Virtually Or In Writing: Kerala High Court

The Kerala High Court has held that an accused person exempted from personal appearance may answer questions under Section 351 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS). either through a written statement or via video linkage.Justice C S Dias, delivered the judgment and set aside a trial court order that had rejected the accused's plea to allow his counsel to respond on his...

Actress Lakshmi Menon Moves Kerala High Court For Quashing Abduction Case

Actress Lakshmi Menon has moved the Kerala High Court seeking to quash the criminal case initiated in alleged abduction and assault case.Earlier, the High Court had granted anticipatory bail to the actress and other accused persons in the crime after noting that the matter had been settled between the parties. The de facto complainant had stated the complaint was filed based on...

No Essential Religious Practice That Temple Priest Must Be From Particular Caste Or Lineage : Kerala High Court Approves 'Thanthra Vidyalayas'

The Kerala High Court on Wednesday (October 22) dismissed a writ petition filed by Akhila Kerala Thanthri Samajam (AKTS) challenging the accreditation and recognition granted to certain institutions described as 'Thanthra Vidyalayas' by the Travancore Devaswom Board (TDB) and the Kerala Devaswom Recruitment Board (KDRB).The petitioners also challenged the notifications issued by KDRB...

O.XI R.14 CPC | Co-operative Arbitration Court Can Order Any Party To Produce Documents In Its Possession: Kerala High Court

In a recent judgment, the Kerala High Court has observed that the Co-Operative Arbitration Court conducting a trial in an election petition has the power to invoke provision under Order XI Rule 14 of the Code of Civil Procedure to order any party to produce documents in his possession as it deems necessary.Referring to Section 70(3) of the Kerala Co-operative Societies Act, 1969, Justice K....

Remedy For Non-Payment Of Revised Maintenance Is Execution Of Order Before Magistrate, Not Contempt Proceedings: Kerala High Court

The Kerala High Court has recently clarified that the appropriate remedy for non-payment of maintenance ordered as per criminal revision petition before the High Court is to execute the order before the Magistrate court. It also observed that contempt proceedings before the High Court would not be maintainable in such circumstances.Justice C. Pratheep Kumar dismissed a contempt case initiated...

Power Granted Under Street Vendor's Act Overrides Municipality Act Even If Vendor Is Operating Without License: Kerala High Court

The Kerala High Court has clarified that the power granted under Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 overrides the powers under Kerala Municipality Act, 1994, even when the street vendor is operating without a license.Justice Mohammed Nias C P held that any municipal action against a street vendor, even one operating without a license,...

'We Need Socially Conscious Advocates': Kerala High Court Asks Lawyer Who Filed Noise Pollution PIL If He Will Join Legal Aid Programme

The Kerala High Court on Tuesday (21 October) has asked a PIL litigant, who is also an advocate, if he is willing to contribute in the State's legal aid programme.The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M were considering a public interest litigation seeking urgent judicial intervention to curb increasing levels of noise pollution.“We actually...

Change In Form Or Rephrasing Of Relief Cannot Defeat Principle Of Constructive Res Judicata: Kerala High Court

The Kerala High Court has recently clarified that changing the form or rephrasing of a relief prayed for cannot defeat the principles of res judicata and constructive res judicata.Justice Mohammed Nias C.P. was considering a writ petition filed by a registered MSME (Micro, Small and Media Enterprise) that had sought protection under the Central Government notification, which mandates banks...

Ex-CISF Personnel Entitled To Purchase Liquor From CAPF Canteens : Kerala High Court

Denying liquor quota to ex-CISF officers from CAPF canteens when the same is allowed for other CAPF officers is discriminatory, the Court held.

Limitation Under Rule 68B Of Income Tax Act Does Not Apply To RDDB Act Proceedings: Kerala High Court

The Kerala High Court held that the limitation under Rule 68B of the second schedule to the Income Tax Act does not apply to RDDB Act (Recovery of Debts Due to Banks and Financial Institutions Act, 1993) proceedings. Justice Mohammed Nias C.P. stated that Rule 68B of the Second Schedule to the Income Tax Act, 1961, has no mandatory application to recovery proceedings under the RDDB...

Sabarimala Gold Loss: Kerala High Court Directs SIT To Investigate Into Larger Conspiracy Behind Misappropriation, Role Of TDB Officials

The Kerala High Court on Tuesday (October 21) observed that investigation into the alleged misappropriation of gold from the Dwarapalaka idols and side frames of the Sabarimala temple needs to be carried out under its direct and continuous supervision in order to ensure a fair, transparent and expeditious process. It also directed that a thorough investigation be carried out into the...

Kerala High Court Refuses To Entertain PIL Alleging Large-Scale Corruption By State Cashew Board

The Kerala High Court refused to entertain a plea alleging large-scale corruption in the import of Raw Cashew Nuts (RCN) by the Kerala Cashew Board Ltd. (KCB)The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M, said that the petition was devoid of merits.“We therefore perceived the petitioner completely devoid and we are not inclined to examine the issue at...