Kerala High Court
Trial Against Person With Alzheimer's Must Be Postponed Under CrPC & BNSS If Accused Incapable Of Making His Defence: Kerala High Court
The Kerala High Court has held that a person accused in a criminal case but incapable of making defence due to Alzheimer's Dementia is entitled to protection under the CrPC and The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Chapter XXV of CrPC pertains to provisions for accused persons of unsound mind. It includes persons suffering from unsound mind or mental retardation. Chapter XXVII...
BNSS Gives Wider Protection To Accused Of Unsound Mind Or Intellectual Disability, Will Apply Retrospectively: Kerala High Court
The Kerala High Court has held that protection afforded to an accused of unsound mind or with intellectual disability under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 has wider scope and will thus apply retrospectively, to pending applications.Chapter XXV of CrPC pertains to provisions for accused persons of unsound mind. It includes persons suffering from unsound mind or...
Church Feud: Kerala High Court Directs Ernakulam And Palakkad District Collectors To Take Over Possession Of 6 Churches
The Kerala High Court has directed the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud. Justice V. G. Arun asked the Collectors to take possession as the police was unable to follow its earlier order to provide adequate protection so that the vicars and parishioners of the Orthodox faction can...
'Hurts Religious Sentiment': 'Metro Man' E Sreedharan Moves Kerala HC Against Proposed Alignment Of Thiruvanaya-Thavanur Bridge Across Bharathapuzha River
E Sreedharan, an Engineer, renownedly known as Metro Man has moved a public interest litigation at the Kerala High Court. He is challenging the failure of the state government and authorities to consider alternative and feasible options for realigning the Thiruvanaya-Thavanur Bridge across the Bharathapuzha River without affecting the Holy Trinity Temples to preserve religious...
[POCSO Act] Kerala High Court Awards 20-Yr Sentence To Father Convicted For Repeatedly Raping Minor Daughter Over Two Years
The Kerala High Court has convicted and sentenced an accused, the father of the minor daughter, to 20 years of rigorous imprisonment for repeatedly raping and committing penetrative sexual assault upon the minor victim. The Court passed the above order in the appeal filed by the accused challenging the order of the Special Judge for the trial of offences under the POCSO Act. The Special...
Kerala High Court Constitutes Special Bench To Hear Cases Arising Out Of Justice Hema Committee Report
The Kerala High Court has constituted a special bench consisting of Justice AK Jayasankaran Nambiar and Justice C S Sudha to hear cases relating to the Justice Hema Committee Report.The Special Bench was constituted following the order of Acting Chief Justice A Muhamed Mustaque on August 29, 2024. The order constituting the Special Bench was issued today by the Registrar. The Justice...
Kerala High Court Permits Temporary Shifting Of Courtroom To Accommodate Sr Advocate Raman Pillai Appearing For MLA Mani C Kappan In Cheating Case
The Kerala High Court ordered that the trial involving MLA Mani C Kappan be moved to a different courtroom, for one day, to accommodate his counsel, Senior Advocate B Raman Pillai.MLA Kappan has approached the High Court seeking permission to allow the trial to be held in a courtroom with lift facility for the convenience of his counsel, Senior Advocate Raman Pillai, rather than on the 1st...
"Premature Petition": Kerala High Court Dismisses Plea For Probe By Central Agency Into PV Anwar MLA's Corruption Allegations Against ADGP
The Kerala High Court dismissed the petition seeking an investigation by a central agency into the allegation made by MLA P. V. Anvar against the Additional Director General of Police (Law & Order) M. R. Ajith Kumar at the first instance itself. The Division Bench comprised of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu noted that the petition was premature.On August 30,...
Kerala High Court Proposes To Constitute Special Bench To Hear Cases Arising Out Of Justice Hema Committee Report
The Kerala High Court stated that it will consider constituting a special bench with lady judge as member to hear cases relating to the Justice Hema Committee Report.The Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced by women in the Malayalam film industry. The report was published on August 19, 2024. The Committee's study revealed that...
Spices Board Stands On Different Footing From Central Govt, Cannot Claim Building Tax Exemption: Kerala High Court
The Kerala High Court has recently held that the Spices Board stands on a different footing than the Central Government and so the properties and buildings of the board cannot claim exemption from building tax by virtue of Article 285(1) of the Constitution. For context, Article 285 of the Constitution pertains to the Exemption of property of the Union from State taxation. Clause 1 states...
Kerala High Court Convicts Police Officer Who Abused Advocate; 2 Months Imprisonment Imposed For Contempt Of Court
The Kerala High Court has imposed a sentence of 2 months of simple imprisonment on a police officer for contempt of court for abusing and misbehaving with an advocate. The Court has however suspended the sentence for a period of 1 year. During this period, the police officer is cautioned to not indulge in any untoward activities. After the period of 1 year, the sentence would lapse.The...
Kerala HC Closes Anticipatory Bail Plea By Film Director Ranjith Upon Being Told Offense Was Committed Before S.354 IPC Was Made Non-Bailable
The Kerala High has closed the anticipatory bail petition filed by Malayalam Movie Director Ranjith. The petition was closed on the report of the Public Prosecutor that the S. 354 of IPC (outraging modesty) which is alleged against the petitioner was bailable in 2009 when the incident allegedly took place. He submitted that the police are treating the offence as bailable and the director can...