Kerala High Court
Humans Dictate Animals' Rights, Occupy Every Inch Of Space They Have: Kerala High Court Laments Rising Man-Animal Conflicts
The Kerala High Court on Wednesday lamented the rising encroachments on forest lands leading to increased human-animal conflicts in the State by the day."Right now, every inch of space animals have, we occupy – and we expect animals to live as per the laws that we make. And we decide what their rights are," the Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Gopinath...
'We Swear By Rice': Kerala High Court Directs Supplyco To Clear Paddy Farmers' Dues In A Month, Criticises It For Shifting Liability
The Kerala High Court has held that Supplyco, implementation agency for Decentralized Paddy Procurement Scheme in the State, is liable to ensure that payments under the scheme are effected to the farmers, that they are not delayed and that farmers cannot be prejudiced any further stating that Supplyco could not obtain a bank loan within time.Justice Devan Ramachandran directed Supplyco to...
Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code (IPC), and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act), on the ground that the parties were now married. Justice Gopinath P. observed,"The petitioner and the victim...
Trust Is 'Juristic Person', Can Be Held Liable U/S 138 NI Act For Cheque Dishonour: Kerala High Court
The Kerala High Court recently laid down that a Trust, either public, private or charitable, is a juristic person and can be made liable for dishonour of cheques punishable under Section 138 of the Negotiable Instruments Act ('NI Act').Justice A. Badharudeen, on taking note of a plethora of precedents, further observed in this regard that such Trust would also be a company in terms of Section...
Deity Not Stripped Of Title To Religious Property Maintained By Local Authority Without Acquisition: Kerala High Court
The Kerala High Court has held that a deity cannot be divested of title to a land owned by it which is used for religious purposes, without a legal process such as acquisition or voluntary transfer. A bench of Justice Anil K Narendran and Justice PG Ajithkumar found that the property in question was used as a Temple road for religious activities and that the title of Deity will not be...
PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
The Kerala High Court recently laid down that where the Enforcement Case Information Report (ECIR) has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act ('PML Act') shall be dropped and an order issued under Section 17(1A) would not stand. Section 17(1A) empowers an authorized officer to freeze a...
GST Registration Cancellation: Superintendent Of Central Tax To Take Independent Decision Without Influenced By Direction Of DGGI: Kerala High Court
The Kerala High Court has held that the Superintendent of Central Tax should take an independent decision without being influenced by the direction of the DGGI, Kochi Zonal Unit.The bench of Justice Dinesh Kumar Singh has observed that the DGGI, Kochi Zonal Unit, has already taken the decision to cancel the GST registration of the petitioner. The competent authority was only required to form...
Sharon Murder Case: Kerala High Court Says Question Of Territorial Jurisdiction Can Be Decided During Trial
The Kerala High Court today left the issue of territorial jurisdiction in Sharon murder case to be determined during trial. This was after both defence and prosecution made a statement to that effect.“Now both sides submitted that the question may be left open and that may be decided during the trial…granting liberty to the petitioner to raise the question of jurisdiction during the...
Fake Drugs Case: Kerala High Court Prevents Arrest Of Kin Of Beauty Parlour Owner
The Kerala High Court on Monday directed the Assistant Excise Commissioner, Ernakulam, not to arrest Liviya Jose, the kin of beauty parlour owner Sheela Sunny, in connection with the fake drugs case. Sunny who had been accused of possessing 0.106 grams of the drug LSD stamp, was exonerated and the proceedings against her were quashed in July 2023, on the ground that the chemical analysis of...
Kerala High Court Grants Bail To Four Accused In Tanur Drugs Case
The Kerala High Court on Monday granted bail to four persons arrested in connection with the alleged possession of narcotic drugs in Tanur, Malappuram. Justice Mohammed Nias C.P. passed the order. The prosecution case is that accused persons were selling a synthetic narcotic drug called MDMA in a car. Upon receiving information regarding the same, the police proceeded to the site and arrested...
Kerala High Court Directs State To Expeditiously Finish Work On Houses Meant For Endosulfan Victims
The Kerala High Court on Monday directed swift steps to be taken for completion of the houses intended for 36 families of Endosulfan victims in the State. Justice Deva Ramachandran declared that the Court would not countenance any further delay in the matter, on noting that the writ petition in this regard had been pending for the past 3 years. "One cannot be oblivious of the stack reality...
Can't Deny Bail Merely Based On Community's Sentiments: Kerala High Court Grants Bail To Greeshma Accused In Sharon Murder Case
The Kerala High Court today allowed the bail application filed by prime accused in the Sharon Murder case, Greeshma. Bench of Justice Mohammed Nias said it cannot refuse bail merely because the sentiments of the community are against her.Sharon Raj was allegedly poisoned by Greeshma to weasel out of their romantic relationship. Her mother and maternal uncle are also arrayed as co-accused...