Kerala High Court
Vehicle Cannot Be Seized By Customs On Mere Apprehension That It May Be Used For Transporting Smuggled Goods: Kerala High Court
The Kerala High Court on Tuesday held that a vehicle cannot be seized by customs on an apprehension that it may be used as a means of transporting smuggled goods. Justice Bechu Kurian Thomas observed that under Section 115 of the Customs Act, 1962, which provides for 'Confiscation of conveyances', the power of confiscation can only arise if the vehicle was actually used or is being used...
Kerala High Court Quashes Proceedings Against Aster Medcity, Doctors Accused Of Flouting Organ Transplantation Protocol
The Kerala High Court on Tuesday quashed the criminal proceedings against Aster Medcity and nine doctors who had been accused of violating the provisions of the Transplantation of Human Organs and Tissues Act, 1994.Justice Ziyad Rahman A.A. passed the order. Factual BackgroundThe case arose from a complaint filed by Dr. S. Ganapathy against Aster and the accused doctors alleging that...
Discrepancies In Witness Statements Can Be Fatal To Prosecution In Politically Charged Situations: Kerala High Court
The Kerala High Court recently observed that glaring discrepancies in the witness statements become significant in politically charged situations and that they cast doubt on the credibility of the prosecution case. Justice Ziyad Rahman A added that a mere strong or probable suspicion, not supported by proper and positive evidence, is inadequate to prove the guilt of the accused as it fails...
Sub Registrar Can't Refuse To Register Transfer Of Possessory Rights Saying Prior Title Deeds Were't Produced : Kerala High Court
The Kerala High Court has held that the Sub-Registrar cannot refuse to register documents for transfer of possessory rights, merely because the executants have not been able to produce the prior documents of the property in question. The Single Judge Bench of Justice Gopinath P. relied upon the decision in Sumathi & Anr. v. State of Kerala & Anr. (2018), wherein it had been held that...
Corroborative Evidence Necessary To Prove Guilt Of Accused, Mere Recovery Statement Insufficient: Kerala High Court
The Kerala High Court recently held that merely recovering the object does not establish guilt unless there are other materials connecting the accused to the commission of the offence. Observing so, Justice Ziyad Rahman A held that the trial court's reliance on the disclosure statements without sufficient corroborative evidence was unjustifiable."...apart from the aforesaid disclosure...
Tanur Boat Accident: Kerala High Court Grants Bail To Chief Surveyor And Senior Port Conservator
The Kerala High Court on Monday granted bail to Chief Surveyor of the Kerala Maritime Board, Sebastian Joseph, and the Senior Port Conservator, Baypore, Prasad V.V., who had been arrested in connection with the tragic Tanur boat accident that claimed 22 lives, including 15 children in Malappuram district.Justice Ziyad Rahman A.A. passed the order on noting that substantial progress had been...
Ingredients Of 'Criminal Breach Of Trust' & 'Misappropriation' Must To Establish Offence U/S 13(1)(c) Prevention Of Corruption Act: Kerala High Court
The Kerala High Court recently upheld the conviction of a Lower Division Clerk (L.D. Clerk) working on deputation in the Directorate of Higher Secondary Education, Thiruvananthapuram, under the Prevention of Corruption Act, 1988, for embezzlement of certain amount and forgery of document in that regard. Justice Kauser Edappagath observed that an amount of ₹74,789/- that had been entrusted...
Magistrate Can Proceed With Trial If Final Report Finds Only Non-Cognizable Offence After Investigation: Kerala High Court
The Kerala High Court recently held that if a Magistrate forwards a complaint involving both cognizable and non-cognizable offences to the police, and the police investigation reveals only a non-cognizable offence, the Magistrate is legally authorised to proceed with the trial for that offence.Justice A. Badharudeen reiterated that if a case involves both cognizable and non-cognizable...
Kerala High Court Weekly Round-Up: July 17 To July 23
Nominal Index [Citations: 2023 LiveLaw (Ker) 332-348]Hiran Valiiyakkil Lal & Ors v Vineeth M.V & Ors 2023 LiveLaw (Ker) 332Sholly Lookose v. V.I. Joseph 2023 LiveLaw (Ker) 333Vijayan & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 334Sajitha & Anr v. Baldbose & Anr 2023 LiveLaw (Ker) 335 Asokan v. Krishna Ezhuthassan & Ors. 2023 LiveLaw (Ker) 336Narayanankutty K...
Justice Ashish Jitendra Desai Takes Oath As Chief Justice Of Kerala High Court
Justice Ashish Jitendra Desai took oath as the Chief Justice of the Kerala High Court today. Kerala Governor Arif Mohammed Khan administered the oath of office to the new Chief Justice, at a ceremony held at Raj Bhavan. Chief Justice Desai is presently the 38th Chief Justice of the Kerala High Court.Prior to his elevation as the Chief Justice of Kerala High Court, Justice Desai was a Judge of...
'No One Else Can Give To Ward All That A Mother Can': Kerala High Court Unites Differently Abled Child With Mother
No one else can give to the ward all that a mother can give to her, said the Kerala High Court while uniting a differently abled child with her mother.The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha invoked parens patriae jurisdiction to ensure that the child is not left "at the mercy of others".The crux of the case is that the petitioner-mother was...
[Kerala Land Reforms Act] Legal Fiction Of Section 7E Deems Purchasers As 'Tenants', Not 'Cultivating Tenants': High Court
The Kerala High Court on Thursday observed that the legal fiction created by Section 7E of the Kerala Land Reforms Act, 1963 (KLR Act) makes the purchaser a tenant, and the term 'tenant' has a wider definition, which includes a deemed tenant.Justice T.R Ravi added that the Section starts with a non-obstante clause, which means it prevails over any other provision in the Act."As per Section...