Kerala High Court Orders Crime Branch Probe Into State Minister Saji Cherian's Alleged Remarks Disrespecting Constitution

The Kerala High Court has ordered investigation by crime branch into the alleged insulting remarks made against the Constitution by State's Minister for Fisheries, Culture and Youth Affairs, Saji Cherian. Justice Bechu Kurian Thomas ordered thus in a petition moved by a lawyer against the police closing investigation against the Minister.Reportedly, Saji Cherian in a speech in July 2022 made remarks like the Constitution is used to exploit commoners. The plea alleges that the Minister committed...

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case

While deciding a review petition pertaining to a custody dispute, the Kerala High Court said that a party is not estopped when the error is committed by the court itself. A division bench of Justice P. B. Suresh Kumar and Justice C. Pratheep Kumar underscored that the court has a duty to correct its own mistake. It said:“As noticed, the order sought to be reviewed is vitiated by a patent error on the face of the record. Every order of custody, whether interim or permanent,...

Income From Sale Of Immovable Properties To Be Treated As 'Capital Gains,' Not 'Business Income': Kerala High Court

The Kerala High Court has stated that income from the sale of immovable properties is to be treated as 'capital gains,' not 'business income' for taxation purposes. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the requirement of ensuring uniformity and consistency in tax assessments cannot be overlooked, especially while categorizing...

Integrating Categories And Fixing Seniority Based On Special Rules Is A Policy Decision, Not Court's Domain To Rectify Anomalies: Kerala HC

The Kerala High Court held that integrating categories and giving seniority based on Kerala General Subordinate Service Posts in the Rural Development Department (Amendment) Special Rules of 2008 is a policy decision and any anomaly in it would be beyond Court's domain for rectification.The challenge is against the integrated seniority list which was prepared by considering the date of promotion to the feeder category instead of date of appointment to the entry post by relying upon Rule 10...

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises

The Kerala High Court today inquired from the State government as well as the Director General of Police whether there are any orders/ guidelines regulating the conduct of Police officers in court premises.“...we feel it necessary to direct the 1st and 2nd respondents to make available before this Court all such orders, circulars, office memorandums if any that have been issued to the police officials informing them of the conduct that they have to adhere to attending to proceedings before the...

Port Trust Can Regulate Movement Of Vessels, Boats And Other Watercrafts Within Port Waters But Must Adhere To Natural Justice: Kerala HC

The Kerala High Court has held that the Port Trust Authority is empowered to take decisions regarding movement of vessels, boats, watercrafts within port waters to ensure the safety and security of passengers and watercraft. The Court was considering challenge against an order of the Deputy Conservator of the Port Trust, which mandated the closure of a fuel bunk jetty. The closure was...

Religious/Customary Marriage Has 'Colour Of Legal Marriage', Woman Can Seek Protection Against Cruelty U/S 498A IPC: Kerala High Court

The Kerala High Court has held that a woman can seek protection against matrimonial cruelty under Section 498A of the Indian Penal Code when there is either "religious or customary" marriage between the parties which has the "colour of legal marriage", even if such marriage was later found to be invalid under law.In the facts of the case, the husband and in-laws, accused of committing...

Sabarimala Darshan: Kerala High Court Reinforces Ban On Modifications And Distraction On Vehicles Carrying Pilgrims

Following accidents of two vehicles carrying pilgrims on the Sabarimala route, the Kerala High Court has directed the Police and Motor Vehicle Department to ensure that the vehicles carrying Sabarimala pilgrimage strictly comply with its direction prohibiting modifications and unauthorized fittings in vehicles.On November 17, a KSRTC bus deployed in the Nilakkal Pampa chain service caught...

Condition To Not Get Involved In Any Other Crime Not Intended To Operate Throughout Trial: Kerala HC While Setting Aside Bail Cancellation

The Kerala High Court has set aside an order cancelling bail of a man booked under NDPS Act, observing that there is nothing to show that the accused interfered in the investigation or trial. The bail was cancelled by the Sessions Judge on the ground that the petitioner involved himself in another crime and thereby violated the bail condition.Justice K. Babu observed that there should...

Kerala High Court To Consider Validity Of 55-Yrs Upper Age Eligibility Criteria For Mediators

The Kerala High Court is set to consider whether a maximum age limit of 55 years could be stipulated as an essential eligibility condition for submitting applications for applying to the position of Mediators in the Mediation Centres of the Kerala State Mediation and Conciliation Centre.Justice V.G.Arun by relying upon the Apex Court decision in Tej Prakash Pathak and others v. Rajasthan...

Accused Has Right To View Digital Documents That Are Part Of Prosecution Records Without Affecting Victim's Privacy: Kerala High Court

The Kerala High Court stated that the accused right to access documents, including digital documents excluding those which affect the privacy of the victim.Justice A. Badharudeen stated that the accused cannot be denied the right to view the pen drive containing CCTV visuals which are part of prosecution records for defending his case, as part of his right to a fair trial. “The right of...

Kerala HC Asks Investigating Agency To Inform Centre About Foreign Agency's 'Suspicious' Survey Allegedly Hurting Feelings Of Muslim Community

The Kerala High Court has asked investigating agency Internal Security Investigation Team (ISIT) to inform Central Government about the "suspicious" survey allegedly conducted by a foreign agency without sanction from it.The Internal Security Investigation Team (ISIT) after investigation alleged that the foreign agency, Princeton Survey Research Associates (PSRA) had conducted the survey with...