S.69 BNS | Married Woman Can't Allege Coercion Into Sexual Intercourse On False Promise To Marry: Kerala High Court

The Kerala High Court has recently granted regular bail to a man, who was accused to have enticed a married woman to enter into sexual intercourse with him on a false promise of marriage.A crime was registered against the petitioner under Sections 84 [Enticing or taking away or detaining with criminal intent a married woman] and 69 [Sexual intercourse by employing deceitful means etc.] of...

Wayanad Landslides: Kerala High Court Seeks Govt's Report On Utilisation Of ₹120 Crore Allocated For Rehabilitation Work

The Kerala High Court on Friday (July 04) sought a report from the State Government regarding the manner of utilisation Rs. 120 crores, which the Centre had freed for immediate use of the State government in connection with the ongoing rehabilitation works at landslide-hit Wayanad.A division bench of Justice A. K. Jayasankaran Nambiar and Justice P. M. Manoj was hearing a suo motu case...

Rule 3, Kerala Service Rules; Cannot Withhold Pension Without Any Pending Disciplinary Or Judicial Proceedings: Kerala HC

Kerala High Court: A division bench consisting of Justices A. Muhamed Mustaque and Johnson John held that withholding pension without any pending disciplinary or judicial proceedings was illegal. The court held that such actions violate Article 14. The court exercised its jurisdiction under Article 226 despite the petition being filed under Article 227. The court noted that...

NDPS Trials Affected Due To Delay In Filling Vacancies In Forensic Labs: Kerala High Court

The Kerala High Court on Thursday (July 3) raised concern over pending vacancies in Forensic Science Laboratories (FSL), contributing to delays in concluding criminal trials under the NDPS Act.The Court passed an interim order requesting the Commissioner of Police, Ernakulam to appear before it and assist in curbing the menace of substance abuse among students of schools and colleges in...

Service Of Notice On Adult Member Of Noticee Is Valid U/S 153 Of Customs Act, 1962: Kerala High Court

The Kerala High Court stated that service of notice on the adult member of noticee is valid under Section 153 Of Customs Act, 1962. Section 153 of the Customs Act, 1962, outlines the modes of service for notices, orders, summons, and other communications under the Act and its rules. Justice Ziyad Rahman A.A. stated that “the contentions that the assessee was denied a...

Customs Cannot Rely On S.122A To Deny Personal Hearing Mandatory U/S 28(8) Of Customs Act: Kerala High Court

The Kerala High Court stated that customs cannot rely on Sec. 122A to deny personal hearing mandatory under Section 28(8) of the Customs Act. Justice Ziyad Rahman A.A. after analysing Section 28(8) of the Customs Act observed that it is evident that, as far as personal hearing is concerned, it is made mandatory as per the provision. Since this is a special provision deals with the...

Photo Of 'Rowdy' Not Displayed In Police Stations To Protect Their Right To Privacy: Kerala High Court

The Kerala High Court recently observed that once a rowdy sheet/list is opened against a person it is not displayed in the premises of the police station but is actually kept in a secure area which is accessible only to police officials to ensure that "criminal's right to privacy" is not infringed. Justice P.V. Kunhikrishnan made the observations in his order while directing the removal of...

Present Law Intends To Prohibit Ragging Both On And Off Campus, Committee Drafting Amendments Should Factor This In: Kerala High Court

The Kerala High Court today (July 03) asked the Working Committee, constituted to give suggestions for amendments to the Kerala Prohibition of Ragging Act 1998, to keep in mind the legislature's intention to prohibit ragging both within and outside the campus of an educational institution.While the word 'educational institution' itself is not defined under the Act, the Special Bench of...

'Once A Rowdy Need Not Always Be A Rowdy': Kerala High Court Orders Removal Of Man's Name With 8-Year Clean Record From List

The Kerala High Court has recently directed the removal of the name of a person from the rowdy list of Fort Kochi Police Station since he has not been involved in any criminal activity for the past 8 years.Justice P.V. Kunhikrishnan cited that reformation is the main goal of Indian criminal jurisprudence and hence, a person on the path of reformation need not be retained in the rowdy list of...

Kerala High Court Objects To Kochi Municipal Corporation Projecting Steps Taken Under Statutory Duty As Judicial Command, Seeks Secy's Response

The Kerala High Court on Thursday (July 03) came down heavily on the Kochi Municipal Corporation for not issuing proper notices of cancellation of occupancy certificate to entities responsible for polluting the Thevara-Perandoor Canal.The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji noted that the notices issued by the Corporation suffer from fundamental errors...

Kerala High Court Reserves Judgment On ED Official's Bail Plea In Bribery Case, Extends Interim Protection From Arrest

The Kerala High Court has reserved its verdict in the bail application preferred by a senior official of the Enforcement Directorate (ED), who was arrayed as an accused in a bribery case registered by the Vigilance.Today (July 03), when the case came up for consideration, the counsel for the ED official submitted that he has been currently transferred to Shillong but that he is ready to...

Trial Court Can Grant Specific Performance Even Without Separate Prayer For Declaration Of Termination Of Contract: Kerala High Court

The Kerala High Court has recently answered the question of whether a trial court can grant a decree of specific performance when it has not made a declaration that termination of agreement was not binding on the defendant in the suit.The Court has held that in suits for specific performance, if the defendant did not specifically terminate a sale agreement but went on to extend the time...