Kerala High Court
Kerala High Court Weekly Round-Up: September 16-22, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 579-587]X v State of Kerala, 2024 LiveLaw (Ker) 579xxx v State of Kerala, 2024 LiveLaw (Ker) 580Asanul Banna v State of Kerala and Another, 2024 LiveLaw (Ker) 581T. G. Anoop v State of Kerala and Another, 2024 LiveLaw (Ker) 582Satheeshkumar B R v State of Kerala, 2024 LiveLaw (Ker) 583Sheela v State of Kerala and Another, 2024 LiveLaw (Ker) 584Sajith...
Income Tax Authorities Have The Power To Seek Interim Custody Of Currency Notes Produced Before The Magistrate: Kerala High Court
The Kerala High Court held that income tax authorities have the power to seek interim custody of currency notes seized and produced before the jurisdictional magistrate by any other officer or authority if there is any reason to believe that the seized currency is part of any asset that has not been disclosed for the purpose of the Income Tax Act.The Division Bench of Justice P. B. Suresh...
'Right To Get Unadulterated Food Fundamental Right' : Kerala High Court Asks Centre To Examine Lacunae In Food Safety & Standards Act
The Kerala High Court has directed the Central Government to look into the lacunae in the Food Safety and Standards Act of 2006 and its Regulations. The Court stated that it is the duty of the government to have a fool proof Act and Rules to ensure that citizens are given unadulterated food.In this case, the Court was considering whether prosecution could be initiated against Pepsico...
Donors Collecting Money From Sabarimala Pilgrims For Accommodation In Donor Rooms 'Legally Impermissible': Kerala High Court
The Kerala High Court has made it clear that donor rooms at Sabarimala registered under individual donors can be used only by the donors themselves or their family members. The Court further stated that donor rooms associated with trusts or organizations can be occupied by its trustees, office bearers and registered members on identity verification. The Court also stated that donors...
S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court
The Kerala High Court has held that the limit of 60 days provided in Section 250 of Bharatiya Nagarik Suraksha Sanhita (BNSS) to file a petition of discharge is directory and not mandatory. The Court further held that the period of 60 days will start from the date of supply of copies of documents to the accused.Justice A. Badharudeen made this pronouncement while dealing with a revision...
Kerala High Court Refuses To Quash POCSO Case Against Woman For Failing To Report Sexual Assault On Minors In Cottages Provided By Her
The Kerala High Court has refused to quash the criminal proceedings under POCSO Act initiated against a woman in-charge of the cottages where allegedly two minors were subjected to rape.The petitioner had approached the High Court to quash two final reports where she was said to have provided the rooms in the cottage to the accused, who is her friend, without even having satisfied...
Inquiry U/S 116(2) CrPC Must Be Carried Out In A Similar Manner To Summons Trial: Kerala High Court
The Kerala High Court held that the provision in Section 116(2) of the Code of Criminal Procedure (Cr.P.C) which says that the recording of evidence and conduct of trial in an inquiry under Section 116 shall be done 'as nearly as maybe practicable' in the manner of a summons trial would mean that the essentials of summons trial should be followed in such an inquiry.Justice A....
Defamatory Posts On Social Media Amount To "Cyber Defamation" U/S 499 IPC, Law Making It 'Cognizable' Offence Will Be Effective: Kerala HC
The Kerala High Court has held that defamation through statements or posts on Facebook and other social media platforms comes under cyber defamation, thus justifying invocation of Section 499 of the IPC, which deals with defamation.In the facts of the case, the Court stated that even excluding the Facebook posts, the petitioner is liable under Section 509 (insulting modesty of woman) of the...
Kerala High Court Bans Videography By Vloggers In Guruvayur Sree Krishna Temple's Courtyard, Except Marriage And Other Religious Rites
The Kerala High Court has directed the Guruvayur Devaswom Managing Committee and its Administrator to prohibit videography by vloggers in the Nadapanthal (outer courtyard) of the Guruvayur Sree Krishna Temple located in Guruvayur. In doing so the high court clarified that videography is only allowed in connection with marriage functions and other religious ceremonies, and is otherwise...
Fair Trial Has Sacrosanct Purpose, Both Prosecution And Accused Should Be Heard Before Scheduling Trial: Kerala High Court
The Kerala High Court has directed the trial court to postpone the date of a criminal trial noting that the order of the trial court did not show that the prosecution and accused were heard before the trial was scheduled.Justice K. Babu noted that Rule 77A(2) of Criminal Rules of Practice, Kerala 1982 mandates that both sides should be heard before fixing the date for recording...
Kerala High Court Weekly Round-Up: September 9 – September 15, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 565 – 578]Kerala Public Service Commission v Dinesh K M, 2024 LiveLaw (Ker) 565Case Title: P V Samuel v State of Kerala, 2024 LiveLaw (Ker) 566Binod B. Kumar and Another v Guruvayur Devaswom and Others, 2024 LiveLaw (Ker) 567Sreejith Mon v State of Kerala and Another, 2024 LiveLaw (Ker) 568Egadwa Mercy Adamba v State of Kerala & Connected...
Kerala High Court To Consider Whether Entry Tax/Fee Can Be Collected At Check Posts For Bringing In Eggs From Other States
A plea has been moved before the Kerala High Court challenging the action of authorities at the check posts for collecting entry fees/tax for bringing eggs from other States.The petitioners are running a business of egg stocking, packing and sales. The Director of Animal Husbandry issued an order on July 31, 2024, establishing a check post-entry fee of two paisa per egg. The petitioners...