S.348 BNSS | Kerala High Court Refuses To Recall POCSO Victim For Further Examination To Change Evidence On Compromise

The Kerala High Court has recently held that the powers under Section 311 CrPC or corresponding Section 348 BNSS cannot be invoked to recall a POCSO or rape victim for further cross-examination for changing the evidence given during trial.Justice G. Girish reiterated the settled-position that the powers under Section 311 Cr.P.C. cannot be invoked in a routine manner, and can only be exercised...

Cheque Dishonor | If Accused Pleads Non-Service Of Notice U/S 138 NI Act, Burden Shifts On Complainant To Prove Knowledge: Kerala High Court

The Kerala High Court has reiterated that the service of notice on relative of accused, raising demand on dishonour of cheque, is not sufficient to initiate proceedings under Section 138 of the Negotiable Instruments Act, unless it is shown that accused had knowledge of such notice.In doing so the court reaffirmed the law on service of notice under section 138 as laid down by the high court...

Kerala High Court Directs Formation Of Management Unit, Public Feedback Mechanism For Conservation Of Ashtamudi Wetland

The Kerala High Court on Tuesday (July 29) directed the State government and the State Wetland Authority to constitute a specific unit for the conversation of Ashtamudi Wetland, namely, Ashtamudi Wetland Management Unit. Ashtamudi Lake in Kollam district is Kerala's second-largest wetland ecosystem. It is designated as a wetland of international relevance under the Ramsar Convention on...

Newspaper Publication Can't Substitute Formal Service Of Dismissal Notice On Employee: Kerala High Court

Kerala High Court held that mere publication of a news item in a newspaper regarding a worker's dismissal does not amount to formal service of the dismissal order and hence does not trigger the limitation under section 2A(3) of the Industrial Disputes Act, 1947.Justice K Babu, clarified the legal interpretation of the limitation period under the Industrial Disputes Act while setting aside...

'Even One Pothole Can Be A Killer': Kerala High Court Slams Authorities Over Road Conditions And Reckless Driving, Calls For Accountability

The Kerala High Court has come down heavily on government authorities over the deteriorating condition of roads and the increasing number of accidents in the State, particularly those involving heavy vehicles and reckless driving.Justice Devan Ramachandran was hearing the matter, which was taken up following a mention by the amicus curiae last week, highlighting a “spate of accidents”...

S.223 BNSS | Accused Must Be Heard Before Magistrate Takes Cognizance Of Offence Based On Complaint: Kerala High Court

The Kerala High Court recently held that a magistrate must give an opportunity of hearing to the accused person before taking cognizance of an offence based on a complaint. The Court found that this is a mandate under the proviso to Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Justice Badharudeen observed:“Thus, the crucial aspect of Section 223(1) is the first...

Kerala High Court Recommends Centre To Amend Criminal Procedural Law, Special Statutes To Effectively Prosecute Dissolved Companies

In a case concerning prosecution of a dissolved company accused of cheating various nursing aspirants of over Rs 100 crore, the Kerala High Court recommended to the Parliament to amend the criminal procedural law and if need be special statutes, for effective prosecution of dissolved companies.Justice A. Badharudeen in his order observed that Section 70 of PMLA Act does not distinguish a...

TP Chandrasekharan Murder Case: Kerala High Court Denies Parole To Life Convict For Attending Newborn's Rice Feeding Ceremony

The Kerala High Court has declined the plea for emergency leave preferred by the wife of Sijith @ Annan Sijith, who is presently undergoing life imprisonment in the T.P. Chandrasekharan murder case.T P Chandrasekharan, who was a member of the Communist Party of India, Marxist [CPI (M)], formed a new political party called the Revolutionary Marxist Party (RMP). To wreck vengeance for the loss...

Senior Citizens Act | Kerala HC Expands Definition Of 'Children' To Include Daughter-In-Law, Allows Mother-In-Law To Live In Shared House

Dismissing a woman's plea against an order permitting her mother-in-law to reside in a portion of the shared family house, the Kerala High Court observed that a purposive interpretation should be given to the term "children" under Senior Citizens Act to also include "daughter-in-law", depending on the facts and circumstances. The dispute arose when the petitioner–daughter-in-law, and...

Kerala HC Tells Authorities To Process Registration Of Foreign Medical Graduates Who Took Compensatory Classes, Says Clerkship Can't Be Imposed

The Kerala High Court recently directed the Kerala State Medical Councils and the Director of Medical Education to process the registration applications of certain foreign medical graduates (FMGs) to join CMRI internship without mandating them to undergo compulsory 2 year "Clinical Clerkship Program".The petitioners were medical graduates who had joined the courses during 2017-18 period....

May Consider Ratifying Appointment Of Ex-Officio Secretary Who Appointed Dr Thomas Isaac As KKEM Advisor: State To Kerala HC

The Advocate General (AG) K. Gopalakrishna Kurup on Monday (July 28) told the Kerala High Court that the state government can consider passing a simplicitor order ratifying the appointment of the Ex-Officio Secretary who had signed the government order appointing former Finance Minister Dr. Thomas Isaac as advisor to the Kerala Knowledge Economy Mission (KKEM).The Division Bench of Chief...

Kerala High Court Grants Time To State To Finalise Comprehensive Guidelines On Dealing With Snakebites

The Kerala High Court on Monday (July 28) granted time to the state government to finalize comprehensive guidelines to tackle snake bites and its treatment. The division bench of Chief Justice Nitin Jamdar and Justice Shoba Annamma Eapen, were hearing a petition on the issue of basic health care in relation to snake bites, which arose after an incident involving snake bite to a student...