Kerala High Court
Kerala High Court Directs Not To Arrest Man Accused Of Misbehaving With Malayalam Actress Over Window Seat In Flight
The Kerala High Court on Saturday issued an interim order barring the arrest of the man who was alleged to have harassed a renowned Malayalam actress onboard an Air India flight in a dispute over occupation of the window seat. Justice Gopinath P. issued the interim direction today. The petitioner, Anto C.R., was alleged to have misbehaved with the actress (the de facto complainant herein)...
Alleged Cheques Issued After Their Resignation: Kerala High Court Stays S 138 NI Act Proceedings Against Resigned Directors Of A Company
The Kerala High Court on Thursday granted a stay on proceedings against two additional directors of a Company who were facing prosecution under Section 138 of the Negotiable Instruments Act for dishonour of cheque. Justice P.V. Kunhikrishnan directed that there will be an interim stay of the proceedings against the petitioners as they have made out a prima facie case. “ After going through...
'Varaharoopam' Copyright Row : Kerala High Court Quashes Criminal Case Against 'Kantara' Makers Based On Settlement Between Parties
The Kerala High Court has quashed the criminal case registered against the producer, direcotr, distributor and music director of the Kannada superhit film "Kantara" under the Copyright Act over the alleged plagiarism of 'Navarasam' song of Thykkudam Bridge band as "Varaharoopam" song in the movie. The High Court quashed FIR registered under Section 63 of the Copyright Act, 1957 in view of...
Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client
The Kerala High Court recently granted anticipatory bail to two lawyers accused of raping and sexually abusing their client on multiple occasions. Justice Gopinath P. passed the order, on taking note of the fact that while the victim/de facto complainant averred that she had been sexually abused from the moment she had first approached the 1st petitioner to entrust her case, the complaint in...
S.26 Juvenile Justice Act Not Made Out: Kerala High Court Quashes Proceedings For Allegedly Employing 14-Yr-Old In Railway Construction Work
The Kerala High Court quashed the criminal proceedings against a petitioner for allegedly employing a 14-year-old child for construction work of a railway platform at Ettumanoor Railway Station.Justice K. Babu observed that an offence under Section 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000 can be made out only when the prosecution has proved that the juvenile...
Mentally Dejected Motor Accident Victim Dies Of Suicide; Kerala High Court Upholds Award Granting Compensation To Children
The Kerala High Court recently upheld a Motor Accident Claims Tribunal award, granting compensation of Rs.3,18,700 and interest to the children of the deceased mother who died by suicide following a motor accident.Justice Mary Joseph observed that the deceased suffered head injuries from the accident and was undergoing disappointment and mental dejection since she felt she would not recover...
S.256 CrPC | Power To Acquit Accused Can't Be Invoked By Executive, Sub-Divisional Or District Magistrate U/S 133: Kerala High Court
The Kerala High Court has recently held that the Executive Magistrate, Sub-Divisional Magistrate or District Magistrate cannot acquit an accused under Section 256 CrPC while invoking powers under Section 133 to 138 of CrPC by issuing conditional orders for the prevention of nuisance.Justice P.V. Kunhikrishnan also clarified that the Section 133 proceeding empowered the District, Sub-divisional...
No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal
The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit. Justice A. Badharudeen, refused the condonation of delay on taking note that no sufficient reasons had been adduced warranting the same. "It is true that 'sufficient cause' is the decisive factor while condoning the delay. Though...
Solar Scam | Complainant Challenges MP KC Venugopal's Acquittal In Sexual Assault Case: Kerala High Court Admits Plea, Issues Notice
The Kerala High Court on Thursday admitted a criminal revision petition filed by the complainant in the solar sexual assault case challenging Congress MP K.C. Venugopal's acquittal in the matter. When the matter was taken up, Justice C.S. Dias issued notices to Venugopal, CBI and the State Government in the case. The complainant had approached the High...
Kerala High Court Dismisses MLA Ganesh Kumar's Plea To Quash Case For Alleged Conspiracy Against Deceased Former CM Oommen Chandy
The Kerala High Court on Friday dismissed the plea filed by MLA K.B. Ganesh Kumar seeking to quash the case against him in connection with alleged conspiracy involved in naming late Congress leader and former Chief Minister of the State, Oommen Chandy, in the solar sexual assault case.The case is pending before court of Judicial First Class Magistrate (JFCM) at Kottarakkara,"Serious...
'Tourism Major Source Of Revenue In Kerala': High Court Dismisses Plea Against KSRTC Tour Packages, Says Its Buses Have Special Area Permits
The Kerala High Court has dismissed the plea moved by a private contract carriage operator against the Tour package services offered by the Kerala State Road Transport Corporation using its stage carriages.Justice Dinesh Kumar Singh said these buses have special area permits to run and operate tour packages under the superclass scheme which was formulated by the state government by...
No Requirement To Have A DIN Number In Satisfaction Note Recorded By Assessing Authority: Kerala High Court Upholds Section 153C Proceedings
The Kerala High Court has upheld the proceedings under Section 153C of the Income Tax Act and noted that there is no requirement to have a DIN number in the satisfaction note recorded by the Assessing Authority.The bench of Justice Dinesh Kumar Singh has dismissed the writ petition and stated, “It cannot be said that the impugned notices and assessment orders are without jurisdiction...