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...

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court

Kerala High Court: The Division Bench comprising Justice A. Muhamed Mustaque and Justice P.M. Manoj dismissed the petition filed by S. Gopalakrishnan Potti seeking penal interest on delayed pensionary benefits and back wages. The court upheld the Kerala Administrative Tribunal's (KAT) decision, ruling that delays in disbursing benefits were justified due to pending...

Media Publishing Statements Made In Press Conference Not Defamatory: Kerala HC Quashes Congress MP's Case Against Kairali TV, Asianet

Quashing a criminal case against Malayalam Communications Limited (Kairali TV) and Asianet News Network for telecasting a program featuring an allegedly defamatory and fabricated letter about Congress MP K C Venugopal, the Kerala High Court said that the statements in question were already in public domain hence it can't be termed defamatory. In doing so, the court underscored that the...

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In doing so it said that Courts must not interfere lightly...

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101(8) of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. The court limited...

Affected Persons Were Not Heard: Kerala HC Quashes Notification Restricting Operation Of Private Stage Carriages Upto A Distance Of 140 Km

Quashing a notification of the State government which restricted the length of routes of private stage carriage operators to a maximum distance of up to 140 kilometres, the Kerala High Court said that the final notification was issued without hearing and duly considering the objections of the affected parties as required under the relevant rules. For context, Rule 246 of the Kerala Motor...

"Some Students Not In The Habit Of Respecting Teachers": Kerala High Court Quashes Case Against Teacher For Hitting Student

The Kerala High Court quashed a case against a school teacher for allegedly beating a student in her class. The teacher was booked under Section 75 (cruelty to child) of Juvenile Justice Act and Section 324 (voluntary causing hurt by dangerous weapons or means) of the Indian Penal Code. Justice A. Badharudeen allowed the petition noting that the teacher beat the student only after he...

Media Trial Shapes Perceptions, Leads To Distrust In Judicial Outcomes When Verdict Differs From Prevailing Public Beliefs: Kerala High Court

A five judge bench of the Kerala High Court while deciding a reference on whether any guidelines on reporting of court proceedings be formulated has observed that media trial can create a distrust in judicial outcomes especially when verdicts differ from prevailing public beliefs.The bench of Justice A. K. Jayasankaran Nambiar, Justice Kauser Edappagath, Justice Mohammed Nias C. P., Justice C....

Media Giving "Definite Opinion" Of Someone's Guilt Or Innocence Pending Probe/ Trial Not Protected Under Article 19(1)(a): Kerala HC Full Bench

The Kerala High Court held that any expression by the media on the guilt or innocence of an accused in an ongoing criminal case would not be protected under the right to speech and expression guaranteed under Article 19(1)(a) of the Constitution. The Court stated that only an adjudicatory authority can pronounce on the guilt or innocence of an accused.A Five Judge Bench comprising Justice A....

Kerala High Court Refuses To Entertain Plea Challenging U/A Certification Given To Malayalam Movie 'PANI'

The Kerala High Court has refused to entertain a plea challenging U/A certification given to the Malayalam movie 'Pani' directed and starred by actor Joju George.The plea was moved stating that the U/A certification (unrestricted public exhibition with parental guidance) given to the movie was inappropriate as it contained obscene dialogues, scenes and violence, making it unsuitable...

'We Lack Feminine Perspective In Law': Kerala HC Appoints Amicus Curiae To Collect Different Perspectives For Drafting Special Law For Women

The Kerala High Court appointed an Amicus Curiae to collect and combine perspectives and suggestions, including feminine perspectives from various stakeholders to assist the government in drafting a special legislation to address the issues faced by women in society, especially in their workplace.The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, hearing the...