Kerala High Court
Burden On Accused To Prove Exceptions Under IPC Doesn't Neutralise Prosecution's Burden To Prove His Guilt Beyond Reasonable Doubt: Kerala HC
The Kerala High Court recently observed that the burden on the accused to prove that his case comes under the general exceptions given in the Indian Penal Code does not counteract the initial burden on the prosecution to prove his guilt beyond reasonable doubt. A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that the burden on the accused to prove exceptions is not...
'Frivolous': Kerala High Court Dismisses Nepotism Allegations Against Grant Of State Awards For Malayalam Films In 2022
The Kerala High Court on Friday dismissed the plea by Malayalam Cine Director, Lijeesh M.J., seeking to set aside the declaration of Kerala State Awards For Malayalam Films & Writings On Cinema 2022. The Single Judge Bench of Justice P.V. Kunhikrishan termed the petition 'frivolous'. The Court observed that the petitioner lacked evidence to prove their allegations of nepotism and bias,...
No Blanket Ban On Premature Release Of Persons Convicted For Murder Of Woman Or Child: Kerala High Court
The Kerala High Court recently held that premature release cannot be completely denied to convicts for the only reason that they have murdered a woman or a child. Also, the Court held that the decision on premature release must be taken based on the policy prevalent on the date of conviction and not based on policy on the date of considering the application.Discerning that such a...
S.5 Criminal Procedure (Identification) Act | Magistrate Can Order Accused To Give Handwriting Sample Even In Absence Of Arrest: Kerala HC
The Kerala High Court recently held that until specific provisions are enacted in CrPC, Magistrates are empowered to order the collection of handwriting samples of accused for investigation purposes and that such orders do not inherently violate Article 20(3) of the Constitution (right against self-incrimination).Justice Raja Vijayaraghavan added that Magistrates have the jurisdiction to...
Original Petition Seeking Reliefs U/S 18-22 Domestic Violence Act Maintainable Before Family Court: Amicus Curiae To Kerala High Court
The Amicus Curiae appointed by the Kerala High Court in a case seeking reliefs under the Protection of Women from Domestic Violence Act, 2005 (hereinafter, 'DV Act, 2005'), Advocate Ashok Kini M., has submitted that an original petition seeking reliefs under Sections18-22 of the Domestic Violence Act is maintainable before the Family Court. Last week, a Division Bench comprising Justice...
Video Reflects Secular Views, FIR Appears Motivated: Kerala High Court Grants Anticipatory Bail To Shajan Skaria In Priest Humiliation Case
The Kerala High Court on Thursday allowed the anticipatory bail plea moved by Shajan Skaria in the case alleging that he interacted with a priest through his YouTube channel 'Marunadan Malayali' with the intention to insult a religion.The Single Bench of Justice K. Babu found "force" in Skaria's contention that he was implicated in criminal cases at the instigation of some influential...
Lord Ganesha Myth Remark: Kerala High Court Stays Proceedings Against NSS Members For Four Weeks
The Kerala High Court today stayed for four weeks all proceedings in connection with a crime registered against Nair Service Society Vice President Sangeeth Kumar and 1,000 identifiable persons purported to be NSS office bearers and activists, for holding a prayer rally to demonstrate against Kerala Assembly Speaker AN Shamseer's remarks about Lord Ganesha, allegedly without...
Payment Of Child's Educational Expenses If Reimbursed By Employer Can't Be Treated As Maintenance U/S 125 CrPC: Kerala High Court
The Kerala High Court on Monday considered whether educational expenses paid to the children which were later reimbursed by the father's employer shall be reckoned as payment towards maintenance allowance under Section 125 CrPC.The provision stipulates payment of compensation to wife, children and parents.Justice VG Arun stated that educational expenses paid to children which were...
Take Steps To Ensure Education For Tribal Children, Medical Facilities For Their Families In Nilambur Taluk: Kerala High Court To State
The Kerala High Court on Thursday directed the State to come out with steps to ensure that education of tribal children and medical facilities for tribal families in Pothugal, Vazhikadavu, and Karulai villages in Nilambur Taluk are not hindered.The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun was considering the plea filed by the former Chairperson of...
Embargo On Review U/S 362 CrPC Not Applicable To Family Courts For Any Provision On Maintenance Under Chapter IX: Kerala High Court
The Kerala High Court on Monday held that the embargo on courts to review their judgment under Section 362 CrPC will not apply to any of the provisions on Maintenance under Chapter IX of the Code.Chapter IX contemplates Order for Maintenance of Wives, Children and Parents.The petitioner-husband herein had challenged a family court's order reviewing its order passed under Section 128 CrPC...
Kerala High Court Directs WCD Secretary To Propose Steps To Ensure Children Are Not Compelled To Perform 'Theyyam' Ritual Dance
The Kerala High Court on Thursday directed the Secretary, Department of Woman and Child Development to file an affidavit detailing the concrete steps that would be taken to ensure that children would not be compelled to perform the ritualistic dance performance of 'Thee Chamundi Theyyam'. The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun issued the above direction...
Female Students Of Mar Athanasius College At Kothamangalam Approach Kerala High Court Against 'Discriminatory' Hostel Entry Timings
A plea has been moved in the Kerala High Court by 33 female engineering students of Mar Athanasius College, Kothamangalam, against the imposition of hostel entry deadline as 6:30 PM for the female students. Single Judge Bench of Justice Basant Balaji has listed the case on Friday along with other connected cases.The petitioners aver that the prescription of hostel entry time as 6:30 PM for...