Absence Of Magistrate's Signature, Seal On Contraband Inventory Vitiates Prosecution Under Abkari Act: Kerala High Court

The Kerala High Court recently acquitted a man, who was convicted of offences under the Abkari Act, observing that he is entitled to the benefit of doubt since there was no signature or seal of the Magistrate who certified the correctness of the inventory as required under Section 53A.Under Section 53A(2) after preparing the inventory, the Authorized Officer has to make an application before...

Popular Finance Scam: Kerala High Court Closes Plea Seeking Action On SFIO Investigation After Centre Says Criminal Complaints Already Filed

The Kerala High Court recently closed a plea preferred by the shareholders' association of Mary Rani Popular Nidhi Ltd. seeking further action on the Serious Fraud Investigation Office (SFIO)'s Final Report.The company is part of the Popular Finance Group that orchestrated the ₹2000 crore scam, known as the “Popular Finance Scam”.Justice Viju Abraham closed the writ petition recording...

Persons Acquitted Due To 'Unsound Mind' Can't Languish Indefinitely In Mental Institutions For Want Of Rehab Facilities: Kerala High Court

The Kerala High Court recently directed the State to submit details on facilities available for the rehabilitation of persons acquitted on the ground of unsoundness of mind, after observing that such persons cannot languish in mental institutions due to lack of adequate rehabilitation facilities. The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar passed the order in...

Intermediary Can't Decide If Online Content Is Defamatory; Duty To Takedown Arises Only On Court Order Or Govt Notification: Kerala High Court

The Kerala High Court has held that social media intermediaries cannot be compelled to remove allegedly defamatory content unless a competent court or authorised government agency first determines the content to be unlawful.Justice Ziyad Rahman A.A., delivered the judgment in a writ petition filed by M/s Broadcasting Company Pvt. Ltd., a news and current affairs content broadcasting channel....

Tribunals Can't Dispose Appeals Through 'Cryptic Orders', Must Record Reasons: Kerala High Court

The Kerala High Court has held that quasi-judicial tribunals cannot dispose of appeals through cryptic conclusions and are legally bound to issue reasoned, speaking orders that disclose the basis of their decisions.Justice P.V. Kunhikrishnan delivered the judgement while setting aside an order of the Tribunal for Local Self Government Institutions that had upheld a Panchayat's refusal...

Periodic Replacement, Maintenance Cost Of Prosthetic Limb Must Be Factored Into Motor Accident Compensation: Kerala High Court

The Kerala High Court recently enhanced the compensation granted to a person, whose leg was amputated following a motor accident, so as to give him a just compensation for the purpose of maintenance and periodic replacement of his prosthetic leg.Justice M.B. Snehalatha granted Rs. 30 lakhs for periodic replacement and maintenance after noting that artificial leg is not a one-time...

Kerala High Court Closes Suo Motu Case On Unauthorized Helicopter Movement Over Sabarimala Temple After Explanation From Coast Guard

The Kerala High Court recently closed the suo motu case initiated in the light of an unauthorized helicopter movement over Sabarimala temple.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar noted that a crime has been registered at the Pamba Police Station for the offence under Section 118(e) of the Kerala Police Act [Penalty for causing grave violation of...

Kerala High Court Stays Centre's TV Rating Policy Clause That Says Viewership Arising Out Of Landing Page Won't Be Counted

Kerala High Court on Friday (May 22) stayed the proviso to Clause 5.4.1 of the TV Ratings Policy 2026 issued by the Ministry of Information & Broadcasting (MIB), which says that viewership arising out of Landing Page shall not be counted in the viewership measurement and that Landing Page can be used only as a marketing tool. The MIB had issued the 2026 Policy vide an order dated March...

CrPC | Accused Has Absolute Right To Use Section 161 Statements To Contradict Witnesses During Cross-Examination: Kerala High Court

The Kerala High Court, in a recent judgment, clarified that an accused has an absolute right to use the previous statements given by the witnesses to the investigating officer under Section 161 Cr.P.C. for the purpose of shaking the veracity of their evidence and making it untrustworthy.Justice A. Badharudeen held:“it is the absolute right of the accused to use previous statements...

“Nurses Have No Right To Strike”: Kerala High Court Questions Why Nursing Services Aren't Declared 'Essential Service'

The Kerala High Court on Friday (May 22) orally asked the State government to get instructions as to why services rendered by nurses are not declared as an "essential service", adding that if declared as an essential service, nurses would have no right to go on strike. Justice Bechu Kurian Thomas was hearing a plea by the Kerala State United Nurses Association alleging that certain...

Cashew Corp Scam: Kerala High Court Questions State's Locus To Appeal Against Summoning Of Industries Department Secretary In Contempt Case

The Kerala High Court on Thursday (May 21) questioned the locus standi of the State in filing an appeal against a Single Judge's order directing personal appearance of Mohammed Hanish, Principal Secretary of the Industries Department (Cashew) of the State, in a contempt case.The contempt plea was initiated against the Secretary for repeatedly denying sanction for the Central Bureau...

S.138 NI Act | Complainant Discharges Initial Burden Through Credible Testimony Unless Discredited In Cross-Examination: Kerala High Court

The Kerala High Court has reiterated that in cheque bouncing prosecutions, the initial burden rests upon the complainant to prove the transaction and once this burden is discharged, the complainant can avail the presumptions in its favour laid down in Section 139 NI Act. As per Section 139, it shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of...