[POSH Act] Majority ICC Reports 'Shockingly' Biased In Favour Of Workplace, Can't Impact Police Report Filed On Victim's Complaint: Kerala HC

The Kerala High Court has observed that the report or findings of the Internal Complaints Committee formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) 2013 will not have an impact against the police report made based on the victim's complaint alleging sexual harassment at workplace. The Court further observed that this is because most of the...

Sabarimala Crowd Management: Kerala High Court Permits Parking Of Pilgrim Vehicles At Chakkupallam-II, Hilltop Area On Experimental Basis

The Kerala High Court, on an experiment basis, has allowed parking of motor cars carrying pilgrims in Chakkupallam-II and Hilltop area in the upcoming Makaravilakku season.Earlier, the Court had, as a temporary measure allowed such parking during the masapooja time.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. emphasized that the parking shall be done only in...

No Prosecution For Possessing Waqf Property Without Sanction From Waqf Board If Possession Was Before Insertion Of S.52A Waqf Act: Kerala HC

The Kerala High Court held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013. Section 52A of the Waqf Act provides rigorous imprisonment up to 2 years for alienation, purchasing or possession...

Wife Of Lakshadweep Man Who Allegedly Went Missing From Police Custody Moves Kerala High Court Seeking SIT Probe

A plea has been moved before the Kerala High Court by the wife of a man who allegedly went missing while in police custody in Lakshadweep.His wife, a permanent resident of Lakshadweep has approached the Court seeking to set up a special investigation team headed by the Superintendent of Police, Lakshadweep to investigate the disappearance of her husband, while he was under police custody....

Dolly Workers With Police Verification Certificate, Health Cards To Carry Pilgrims To Sabarimala: Kerala High Court Issues Directions

The Kerala High Court has recently issued directions to ensure the fitness of 'dollies' (cane chairs) that are used to carry devotees at Sabarimala.The court said that the Travancore Devaswom Board shall ensure the fitness of the dollies used for carrying pilgrims through the trekking path before the commencement of each Maasapooja and Mandala-Makaravilakku festival season. For context, a...

Provision Penalising Guardian Of Minor Who Commits Offence Under Motor Vehicle Act Challenged In Kerala High Court

A petition has been moved before the Kerala High Court challenging the constitutional validity of Section 199A of Motor Vehicles Act which states that when any offence under the Act is committed by a juvenile, his guardian or owner of the vehicle shall be deemed to be guilty and proceeded against. Under the provision, the registration of the vehicle which the minor was using can be cancelled...

Over Speed & High Speed Are Relative Terms, Driving At High Speed By Itself Doesn't Mean Accused Was Rash Or Negligent: Kerala High Court

The Kerala High Court upheld the conviction imposed upon an accused under Section 304 Part II of the IPC for causing the death of a motor bike rider by driving his car on the wrong side of the road after consuming alcohol beyond the permissible limit.Section 304 defines culpable homicide not amounting to murder. A person is convicted under Section 304 Part II of the IPC when he does an act...

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad

The Kerala High Court has directed the District Legal Services Authority (DLSA), Wayanad to chalk out a long-term plan to increase awareness about negative aspects of child marriage and dissuading people from it. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu passed this order in a Suo Motu proceedings initiated by the Court in 2016 on a report by the DLSA Chairman...

Need To Invoke Kerala Anti-Social Activities Act Must Be Assessed If Proceedings For Peace Keeping U/S 107 CrPC Already Initiated: High Court

The Kerala High Court has held that when proceedings under Section 107 of the CrPC have already been initiated against an individual, the competent authority must assess whether it was necessary to initiate proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007 as well to preventively detain or extern the individual.Section 107 of CrPC is initiated for taking security...

[Income Tax] Assessing Authority Can't Reassess Prior Years Without Inquiry While Determining Relevant Year's Assessment: Kerala High Court

The Kerala High Court stated that while determining the assessment of relevant years assessing authority cannot determine the assessment for earlier years without enquiry. The Division Bench of Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “…….we fail to understand how the assessing authority, as well as the First Appellate Authority, while...

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court

The Division Bench of Kerala High Court comprising Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “the concern of the Assessing Authority, while passing a consequential order, has to be limited to those specific issues that have been remanded to it for consideration by the Commissioner………..” Section 263 of the Income Tax Act, 1961 empowers the...

Kerala High Court Weekly Round-Up: November 4 – November 10, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 690 – 707]Indian Broadcasting And Digital Foundation V The Telecom Regulatory Authority Of India, 2024 LiveLaw (Ker) 690Anu S P v State of Kerala , 2024 LiveLaw (Ker) 691Ajith Pillai v State of Kerala , 2024 LiveLaw (Ker) 692Asha v State of Kerala and Another, 2024 LiveLaw (Ker) 693Sreekumar Menon v State of Kerala and Another, 2024 LiveLaw...