Kerala High Court
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...
Admitting Into Evidence Confessional Statements Made To Police U/S 25, 26 Evidence Act Vitiate Trial: Kerala High Court
The Kerala High Court on Thursday categorically held that admission of confessional statements made by accused to the Police, which are hit by bar under Sections 25 (Confession to police officer not to be proved) and 26 (Confession by accused while in custody of police not to be proved against him) of the Evidence Act, can vitiate a trial and lead to the acquittal of the accused.The...
Tanur Drugs Case: Kerala High Court Asks DLSA Chairman To Submit Report On Allegations Of Jail Torture
The Kerala High Court on Thursday directed the Chairman of Legal Services Authority, Kozhikode or any officer deputed by him to file a report after investigating into alleged harassment in jail meted out to persons arrested in connection with the alleged possession of narcotic drugs in Tanur, Malappuram.Justice P.V. Kunhikrishnan directed thus:“I am of the considered opinion that the...
People's Representative Expressing Concern Over Murder Probe, Asking Govt To Take Strict Action Not Defamation: Kerala High Court
The Kerala High Court while quashing the criminal complaint filed against Ex-MLA from Azhikode Constituency KM Shaji for alleged defamatory statements in connection with the Ariyil Shukoor murder case observed that a people's representative merely expressing concern over the conduct of probe cannot be said to be defamation.The complaint filed two-time member of the Kerala Legislative Assembly...
S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section (1), certain offences have been listed which can be compounded without the permission of the...
Kerala High Court Grants Bail To Man Booked Under Explosives Act For Attacking Woman Who Rejected Marriage Proposal, Cites Prolonged Incarceration
Citing prolonged incarceration of over a year, the Kerala High Court has granted bail to a man who allegedly attacked a woman for rejecting his marriage proposal by using a chopper and explosives, leading to loss of her four fingers.Justice Bechu Kurian Thomas granted bail to the accused who has been in jail since June 28, 2022 and observed that further detention would amount to...
SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court
The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act ('Appeal to Appellate Tribunal').It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K....
Kerala Court Denies Anticipatory Bail To Man Accused Of Misbehaving With Malayalam Actress Over Window Seat In Flight
A Kerala Court recently rejected the plea for anticipatory bail moved by the man accused of harassing a renowned Malayalam actress onboard an Air India flight in a dispute over occupation of the window seat. The Sessions Judge Honey M. Varghese observed that, "...if bail is granted, in the light of alarming number of offences and atrocities against the women and children, that will give...
Kerala High Court Allows CISF Personnel To Rejoin Duty After Reporting Late Due To Covid-19 Home Quarantine
The Kerala High Court recently permitted a CISF personnel who could not report for duty to rejoin duty at ASG Ranchi within ten days since he was in home quarantine after his parents tested positive for COVID-19.Justice Raja Vijayaraghavan V observed that the respondents had not applied their minds while rejecting the application of the petitioner and that he was in an unusual situation...
Review Bombing| Kerala High Court Calls For 'Close Watch' Of Online Platforms Against Anonymous & Malicious Film Reviews
The Kerala High Court on Wednesday called for a 'close watch' on online platforms to ensure that that anonymous and mala fide reviews of films are not allowed to circulate on such platforms. Justice Devan Ramachandran directed the concerned authorities to take necessary action under the Information Technology Act ('IT Act'), and implement the same scrupulously, against any such...
[OBC Advocate Grant Scheme] We Need The Best Of Lawyers And Judges From OBC Category Also: Kerala High Court
Kerala High Court on Wednesday remarked that the state has the duty to support junior lawyers belonging to OBC category.High Court was hearing a plea moved against non-issuance of notification to claim annual grant of twelve thousand rupees to the junior advocates belonging to the OBC category under the OBC Advocate Grant Scheme for purchasing law books, gown and uniform. Justice...
Lawyer’s Plea Alleging Police Harassment : Kerala High Court Passes Interim Order Restraining Police
The Kerala High Court issued notice on a petition filed by a lawyer alleging manhandling by police officers earlier this month. Justice N. Nagaresh passed an interim order directing the respondent police officials not to harass the petitioner pending disposal of his plea. The petitioner, who is also an acute heart patient who had undergone Angioplasty, alleged that himself and his wife...