Kerala High Court
Kerala High Court Quashes Corruption Case Against Range Officer Accused Of Taking Bribe After Prosecution Fails To Establish Voice Samples
The Kerala High Court has quashed the proceedings under Prevention of Corruption Act initiated against a Range Officer at Social Forestry Range accused of taking bribe, citing prosecution's failure to establish his voice sample to prove the telephonic conversation she allegedly had with the complainant.Justice K. Babu noted that the analysis by the Forensic Science Laboratory (FSL) had found...
[Disaster Management] Kerala High Court Calls Upon Infra Developers To Begin Risk Management From Planning Stage
The Kerala High Court on Wednesday directed the Chief Secretary of the State to issue necessary instructions and circulars to all entities involved in infrastructure development to comply with the recommendations made by State's Disaster Management Authority (KSDMA). One of the recommendations calls upon all Engineering Departments and local Governments in the State to consider risks...
Kerala High Court Acquits NDPS Accused Citing Prosecution's Failure To Produce His Alleged Written Consent For Search In Absence Of Magistrate
The Kerala High Court recently acquitted an accused under the NDPS Act citing prosecution's failure to produce alleged written communication made to him regarding his right to be searched before Magistrate under Section 50 of the Act and his alleged written consent waiving such right.Justice N. Nagaresh held that failure on the part of the prosecution to produce communication or consent...
Sabarimala Temple : Kerala High Court Dismisses Plea Challenging Melsanthi (Chief Priest) Selection
The Kerala High Court yesterday dismissed a writ petition filed challenging the selection of the Melsanthi (Chief Priest) of Sabarimala Temple for the year 2023-24 alleging foul play.The Division bench comprising Justice Anil K. Narendran and Justice G. Girish viewed video clippings of the selection process shown by Asianet News as well as CCTV footage from the camera installed in the...
Reservation Under Central Educational Institutions (Reservation And Admission) Act Applies To IIMs: Kerala High Court
The Kerala High Court recently held that Indian Institute of Management (IIM), Kozhikode would have to follow the reservation policy stipulated under the Central Educational Institutions (Reservation and Admission) Act, 2006 ('Act, 2006'), for admission to Ph.D. Practice Track Course. The Court noted that the proviso to Section 8 of the Indian Institute of Management Act, 2017, says that...
Kerala High Court Orders Release Of Woman Detained Under Preventive Detention Law To Take Care Of Her Daughter In Advanced Pregnancy Stage
The Kerala High Court has ordered release of a woman detained under the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereafter, KAAPA Act), considering that her daughter is at an advanced stage of her pregnancy.The Division bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen said normally courts do not interfere in detention orders, but it is not devoid of...
Abkari Act | Tamper-Proof Despatch Of Sample Must; Lack Of Specimen Seal, Not Examining Persons Handling Samples Fatal: Kerala High Court
The Kerala High Court on Tuesday laid down that the absence of specimen seal in the mahazar and forwarding note, non-mentioning of the name of the Excise Guard in the forwarding note, non-examination of the clerk who despatched the sample or the Excise Guard who took the sample to the lab, and so on are serious laches which would be fatal to the prosecution in a case under the Abkari...
'State Can't Be In Celebration When Citizens Are In Distress', Kerala High Court Says After Govt Cites Financial Crisis To Bear KSRTC Pension
The Kerala High Court today reminded the authorities who appeared before it, Chief Secretary of the State, V. Venu and Secretary- Transport Department, Biju Prabhakar that the state has a duty to take care of citizens who are in distress. Justice Devan Ramachandran said that celebrations were not important when the citizens of the state were in distress. The judge was implicitly alluding to...
Munsiff-Magistrate Trainee Can't Be Appointed As District Judge By Direct Recruitment From Bar: Kerala High Court
Relying on the Supreme Court's landmark decision in Dheeraj Mor v. High Court of Delhi (2020), the Kerala High Court has held that a Munsiff Magistrate Trainee cannot be appointed as a District Judge by direct recruitment in the quota set apart for lawyers.It has clarified that only a practising advocate who was continuing practise even as on the date of appointment is eligible to be appointed...
Can't Invoke Article 226 Jurisdiction For Removal Of Dangerous Trees, Approach SDM U/S 133 CrPC: Kerala High Court
The Kerala High Court recently held that the remedy in case of a tree standing dangerously on any property would be before the Sub Divisional Magistrate under Section 133 of the Code of Criminal Procedure, 1973.Justice Bechu Kurian Thomas explained that the writ jurisdiction under Article 226 of the Constitution could not be invoked for the said purpose. “The jurisdiction under Article 226...
[S.447 IPC] Intention To Commit Any Offence/ Intimidate, Insult Or Annoy Possessor Necessary To Establish Criminal Trespass: Kerala High Court
The Kerala High Court has made it clear that to establish an offence of criminal trespass under IPC, the prosecution must prove beyond doubt that the accused persons entered into the property to commit criminal trespass with an intention to commit any offence or to cause intimidation, insult or annoyance.Justice C.S. Dias thus acquitted two persons who were convicted for the commission of...
No Wrongful Gain Or Loss: Kerala High Court Quashes Proceedings Against Wife For 'Fraudulently' Registering Vehicle In Dead Husband's Name
The Kerala High Court on Monday laid down that in order to satisfy the definition of 'fraudulently' it would be sufficient to if there was a non-economic advantage to the deceiver or a non-economic loss to the deceived, and that both elements need not co-exist. The Single Judge Bench of Justice K. Babu clarified that the expression 'defraud' involves two elements, namely, deceit...