Kerala High Court
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 of Investigation (CBI) to prosecute allegedly corrupt ex-officials of the State Cashew Development Corporation...
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...
Kerala High Court Allows Neighbouring Schools To Challenge Order Permitting Co-Education In Erattupetta Muslim Girls' School
The Kerala High Court on Thursday (May 21) allowed the leave petition preferred by the Managers of neighbouring schools to appeal against the order that directed the Secretary of Erattupetta Municipality to grant approval for introducing co-education scheme in Muslim Girls' Higher Secondary School, Erattupetta— a girls-only school.The Division Bench of Justice Anil K. Narendran and...
'Infructuous': Kerala High Court Closes Challenge To Film Allegedly Inspired By Venjaramoodu Mass Murder Case After Its Release
The Kerala High Court on Thursday (May 21) dismissed the appeal challenging dismissal of a plea to stall release of the movie 'Kaalam Paranja Kadha' that is allegedly inspired by the sensational Venjaramoodu Mass Murder case.When the matter came up today before the Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K., Advocate Sajju V. appearing for the...
Advocate Mohammed Shah Appointed As Additional Advocate General Of Kerala
The newly-elected UDF government has appointed Advocate Mohammed Shah as the Additional Advocate General of Kerala.Shah was an elected Member of the Kerala Bar Council from 2018 to 2026.On Monday, the government had announced its decision to appoint Senior Advocate Jaju Babu as the Advocate General and Advocate T. Asaf Ali as the Director General of...
POSH Act | ICC Can Probe Sexual Harassment Complaint Against Institution's Director If He Is Not In Control Of Affairs: Kerala High Court
The Kerala High Court has said that an institution's Internal Complaints Committee (ICC) can inquire into sexual harassment complaints against the institution's Director if he does not have control over the affairs and management of the institution and is an “employee” appointed by the institution's executive committee. The Division Bench of Justice Anil K. Narendran and Justice...
MP Police Questions Maintainability Of Anticipatory Bail Plea Moved By Viral Kumbh Mela Star, Husband Before Kerala High Court
The Madhya Pradesh government on Wednesday (May 20) challenged before the Kerala High Court the maintainability of the anticipatory bail plea moved by Viral Kumbh Mela star Monalisa Bhosle and her husband Farmaan in the crime lodged after Bhosle's father filed a complaint before MP police alleging abduction of his daughter.Additional Solicitor General S.V. Raju, representing the MP...
'Against Institutional Hierarchy': Kerala High Court Holds University Syndicate Can't Challenge Chancellor's Orders, Carves Out Exceptions
The Kerala High Court, in a recent decision, held that the Syndicate of a University cannot challenge the orders passed by its Chancellor, who is exercising powers of appeal, as the same would be against institutional hierarchy and discipline.Justice Ziyad Rahman A.A. observed that the Chancellor is the head of the University as well as the appellate authority with respect to the decisions...
S.138 NI Act | Power Of Attorney Holder's Incompetence To File Complaint No Ground To Assail Conviction At Revision Stage: Kerala High Court
The Kerala High Court recently held that power of attorney holder's incompetence to institute a complaint alleging commission of offence under Section 138 of the Negotiable Instruments Act cannot be raised as a ground to assail conviction at the stage of revision, if not raised earlier.Justice G. Girish referred to Section 465 of the Code of Criminal Procedure, which provides when the finding...
Kerala High Court Takes Suo Motu Cognisance Of Mundathikode Fireworks Accident, Issues Notice To Devaswom Committees
The Kerala High Court on Tuesday (19 May) initiated suo motu proceedings over Mundathikode fireworks accident which claimed 17 lives. Mundathikode Fireworks accident occurred on April 21 at a firework unit at Mundathikode, which is situated about 16 km from Thirssur. The unit was preparing materials for the Thrissur Pooram. The division bench comprising Chief Justice Soumen Sen and Justice...
Failure To Sign FIS Won't Make It Inadmissible When Informant Confirms Contents In Court: Kerala High Court
The Kerala High Court recently held that omission to sign the First Information Statement (FIS) by the informant alone would not make it inadmissible in evidence if the informant gives evidence in tune with the statement given in the form of first information.Justice A. Badharudeen held:“omission to get signature of the informant in the FIS alone would make the FIS totally inadmissible...
