Kerala High Court
Kerala High Court Weekly Round-Up: July 24 - July 30
Nominal Index [Citations: 2023 LiveLaw (Ker) 349-360]Sumesh v. State of Kerala & Anr 2023 LiveLaw (Ker) 349Sebastian Joseph v. State of Kerala & Anr. and Prasad V.V. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 350Enose v. State of Kerala 2023 LiveLaw (Ker) 351Kochu Mani & Anr v. State of Kerala 2023 LiveLaw (Ker) 352Kallantavide Ramesan v State of Kerala 2023 LiveLaw...
Monson Mavunkal Case: IG Lakshman Files Quashing Plea Before Kerala High Court
Kerala's Inspector General of Police, Gugulloth Lakshman, has approached the High Court seeking to quash the case registered against him for his alleged involvement in Monson Mavunkal cheating case.Single Judge Bench of Justice Rajavijayaraghavan V. has directed the Public Prosecutor to take instructions.A case against the controversial antique dealer was registered on September 23, 2021, on...
Contempt Petition In Kerala High Court Against Police Officer Alleging Violation Of DK Basu Guidelines
A contempt petition has been filed in the Kerala High Court against four police officers over alleged violation of D.K. Basu guidelines on arrest [DK Basu v. State of West Bengal (AIR 1997 SC 610)].A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas on Thursday sought response from the respondents.Rahoof, a 28 year old had allegedly been arrested and illegally detained by...
Centre Notifies Appointment Of Four Additional Judges As Permanent Judges Of Kerala High Court
The Central Government issued a notification today appointing Justices Basant Balaji, Chandrasekharan Kartha Jayachandran, Sophy Thomas, and Puthen Veedu Gopala Pillai Ajithkumar, as permanent Judges of the Kerala High Court.Law Minister Arjun Ram Meghwal announced their appointment on Twitter.The four judges were Additional Judges of the Kerala High Court. The Kerala High Court Collegium had,...
Customised Software Designed For Specific User Remains Taxable As 'Goods': Kerala High Court
The Kerala High Court recently reiterated that software customised for a specific user and not sold to other users still falls under the category of 'goods' defined under Article 366(12) of the Constitution for the purposes of levy of sales tax under the Kerala General Sales Tax Act (KGST Act).A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P added that...
Kerala High Court Half Yearly Digest: January To June 2023 [Citations 1 - 301]
Nominal Index Citations [2023 LiveLaw (Ker) 1-301]XXXX v. Union Of India and Connected Cases 2023 LiveLaw (Ker) 1Sali M.N. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 2T. A. Abdul Sathar v. The State of Kerala and Ors. 2023 LiveLaw(Ker) 3Lt. Col. E.V. Krishnan & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 4Laila Bhagaval Singh v. State of Kerala...
Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the prosecutrix evidence in such cases would differ from...
Guidelines Necessary To Ensure Doctors Are Duly Qualified : Kerala High Court Seeks State's View
The Kerala High Court on Wednesday sought the views of the Government on a plea seeking guidelines to ensure that appointment orders of medical practitioners in the State are issued to selected candidates only after getting their educational certificates verified and authenticated by the Universities that have issued them. It directed the Government to file an affidavit in this regard. The...
Right To Reputation: Kerala HC Issues Notice To Google, The New Indian Express On Plea To Redact Name & Images Of Man Acquitted In Cheating Case
A plea has been moved in the Kerala High Court by a person who was acquitted in a cheating case, seeking to redact his name and other identities from the public domain. A Single Judge Bench of Justice P.V. Kunhikrishnan on Thursday issued notices to the Central, State Governments, Google and The New Indian Express.The petitioner said that he is aggrieved that despite him having been acquitted...
Registered Trademark Owner Can't Seek Prohibitory Injunction If Opposite Party's Mark Is Also Registered, May Sue For Passing Off: Kerala High Court
The Kerala High Court recently set aside a District Court order restraining M/S Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ for being prima facie similar to Wipro's soap range ‘Chandrika’.The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed it is settled law that an owner of a registered trademark cannot sue...
Panchayats Can't Claim Expertise Over Competent Statutory Bodies And Stop Legally Permissible Entrepreneurial Projects: Kerala High Court
The Kerala High Court recently observed that Panchayats should only wield their designated powers and not assume the role of enforcers in all public interests, particularly in areas where other competent statutory authorities hold expertise and decision-making authority.Justice N. Nagaresh added that citizens pursuing start-ups and projects should be able to rely on clearances from...
If Anticipatory Bail Is Denied By High Court, Successive Application Should Also Be Filed Before HC, Not Sessions Court: Kerala High Court
The Kerala High Court recently observed that if the High Court denies anticipatory bail to a person, the successive applications citing change in circumstances should also be filed before the High Court and not before the Sessions Court.Justice A. Badharudeen deprecated the practice of filing of subsequent anticipatory bail applications before the Sessions Court, after dismissal of...