Unreliable Eyewitness Testimony, No Test Identification Parade: Kerala High Court Sets Aside Life Conviction After 7 Yrs

The Kerala High Court recently passed a judgment holding that non-conduct of test identification parade taken along with other vitiating factors would render as suspect the testimony of eyewitnesses.The Division Bench consisting of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed:“Although it is trite that an identification in a TI parade is not substantive evidence and that the non-holding of a TI parade will not vitiate a dock identification [Vinod alias Nasmulla v....

Judge Can't Usurp Powers Of Prosecutor By Conducting Chief Examination: Kerala High Court Sets Aside Life Conviction After 14 Yrs Of Custody

The Kerala High Court has recently (12 January) observed that a judge cannot assume the role of a Public Prosecutor by usurping into the counsel's powers.The observation was made by a division bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar while setting aside the life sentence imposed on an accused convicted of murder, holding that the entire trial stood vitiated due to gross denial of the constitutional right to a fair trial. It was further held that ineffective and...

Kerala High Court Stays Transfer Of KSEB Lineman Allegedly Based On MLA's Complaint

The Kerala High Court on Wednesday (January 14) stayed the transfer of a KSEB lineman, who was ordered to be transferred from Pannikkode (Kozhikode) to Purang (Malappuram) based on a complaint alleged to have been made by Thiruvambady MLA, Linto Joseph.In his plea, the KSEB (Kerala State Electricity Board) lineman contended that he was transferred from this present station, where he has been working for the past 3 years, in an arbitrary and punitive manner. He stated that he received a notice...

Petrol Pump Licence Automatically Stands Cancelled On Expiry Of Lease, No Hearing Required: Kerala High Court

The Kerala High Court recently clarified that as per the Petroleum Rules, 2002, when the licensee of a petroleum outlet loses the right to the site for storing petroleum due to expiry of lease period, the license gets automatically cancelled without any need for a formal order.Justice M.A. Abdul Hakhim observed that in such cases, license can be cancelled without granting an opportunity of hearing to the licensee. “Rule 152 of the Petroleum Rules provides that every license granted under the...

PIL In Kerala High Court Challenges State's 'Nava Kerala Citizens Response Programme' Alleging Misuse Of Public Funds

A Public Interest Litigation (PIL) has been filed before the Kerala High Court challenging the State government's proposed 'Nava Kerala Citizens Response Programme', alleging that the survey is a politically motivated exercise intended to benefit the ruling Left Democratic Front (LDF) ahead of the upcoming Assembly elections and amounts to a misuse of public funds and government machinery.The division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M, on Tuesday (14 January)...

Order VI Rule 17 CPC | Amendment Of Plaint Can't Be Permitted To Bypass Res-Judicata After Full Trial: Kerala High Court

The Kerala High Court has reaffirmed the limits of amendments to pleadings under Order VI Rule 17 of the Code of Civil Procedure, holding that a plaint cannot be amended after completion of evidence to introduce a claim that has already been decided on merits in an earlier suit between the same parties.The division bench comprising Justice Anil K Narendran and Justice G Girish, delivered...

'Deep-Rooted, Systemic Failure': Kerala High Court Directs Probe Into Alleged ₹35 Lakh Embezzlement Of Ghee Sales At Sabarimala

Flagging the embezzlement of around Rupees 35 lakhs in the sale of ghee at Sabarimala within a span of less than two months, the Kerala High Court on Tuesday (January 13) directed the Director of the Vigilance and Anti-Corruption Bureau (VACB) to constitute a team to investigate into the same.The Division Bench of Justices Raja Vijayaraghavan V. and K.V. Jayakumar passed the order...

Cheque Dishonour | Substitution Of Complainant & Accused Not Permissible At Appellate Stage: Kerala High Court

The Kerala High Court recently held that the names of the complainant and the accused cannot be substituted at the appellate stage by an amendment application as there is no enabling provision in the CrPC, specially when the amendment plea was moved 27 years after filing of the complaint. Justice Johnson John was considering an appeal filed by the complainant in a cheque dishonour...

MLA Uma Thomas Stadium Fall: Kerala High Court Stays 'Attempt To Culpable Homicide' Case Against Third Accused

The Kerala High Court on Tuesday (January 13) granted an interim stay of further proceedings against the 3rd accused in the crime relating to attempt to commit culpable homicide of Thrikkakkara MLA Uma Thomas.Justice C.S. Dias today admitted the plea and issued notice to the parties. The bench granted a stay of one month.The crime relates to an incident that happened in 2024, when MLA Uma...

Bharat Mata Portrait Row: Kerala High Court Stays Memo Of Charges Issued By Kerala University VC Against Former Registrar

The Kerala High Court on Monday (12 January) stayed the memo of charges which the Kerala University's Vice Chancellor in-charge had issued to its former Registrar K S Anilkumar.Justice PV Kunhikrishnan issued the interim order in a writ petition filed by the former Registrar of Kerala University challenging the authority of the Vice Chancellor to issue the memo of charges. It was submitted...

Suraj Lama Missing Case: Kerala High Court Expresses Displeasure Over Delay In Forensic Identification

The Kerala High Court on Monday (12 January) granted two weeks time to the Forensic laboratory, Thiruvananthapuram to examine the body recovered from Kalamassery, suspected to be that of Suraj Lama— an Indian citizen deported from Kuwait who allegedly went missing after landing at Kochi International Airport.A Division Bench comprising Justice Devan Ramachandran and Justice M B Snehalatha...

Sabarimala Gold Theft: Kerala High Court Suggests State To Enact Law With Penal Provisions To Protect Temple Properties

The Kerala High Court on Monday (January 12) orally suggested the Additional Director General of Prosecution to make a recommendation to the State to make a law for protecting temple properties that would also contain penal provisions for violation of duties.Justice A. Badharudeen was considering the bail pleas of former Travancore Devaswom Board President A. Padmakumar, TDB ex-official...