Kerala High Court
Hearing Opportunity Must Be Given To Investigating Officer Before Making Adverse Remarks Against Him To Protect Future Career Prospects: Kerala HC
The Kerala High Court has reiterated that it is a basic requirement under the principles of natural justice to give an opportunity of hearing to an investigating officer before the Court making adverse remarks against him, especially when such remarks could affect his future career prospects.The Court passed the above order while considering an appeal against a Sessions Court order...
Kerala High Court Expresses Dismay Over Banks Deducting Loan Instalments From Relief Fund Of Wayanad Landslide Victims
The Kerala High Court has expressed its "distress" over banks deducting monthly loan instalments from the funds deposited into the Wayanad Landslide victims' accounts from the Chief Minister Distress Relief Funds.The Court was hearing the suo moto case initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.The division bench...
Luxury Cars Tax Evasion Case: Kerala High Court Exempts Union Minister Suresh Gopi From Personal Appearance
The Kerala High Court has exempted actor and Union Minister Suresh Gopi from personal appearance before the trial court until further orders in the luxury cars tax evasion case . The Additional Chief Judicial Magistrate for MP/ MLA Courts had ordered the actor to appear before the Court for framing of charges. The stay order was passed today by Justice C. Jayachandran.The actor and Union...
Kerala High Court Denies Bail To Accused Booked For Brutally Murdering 7-Yr-Old Boy, Says He Was Deliberately Protracting Trial
The Kerala High Court ruled that the accused who was deliberately protracting the trial was not entitled to bail.The petitioner, who is accused of allegedly brutally attacking and murdering the 7-year-old minor son of the woman he was living with after her husband's death has approached the Court with a bail application. Justice P.V.Kunhikrishnan dismissed the bail application and stated that...
Failure To Inform Jurisdictional Magistrate About Direction To Freeze/Seize Bank Account Can Invalidate It's Freezing: Kerala High Court
The Kerala High Court has held that the failure to inform the Magistrate about the seizure/freezing of a person's bank account can have a negative impact on the validity of the seizure. The court made these observations while hearing a plea challenging the freezing of a person's bank account and directed the police to inform the concerned bank whether the requirements of Section 102 CrPC had...
Kerala HC Directs State To Place Entire Justice Hema Committee Report Before It In Sealed Cover, Suo Moto Impleads Women's Commission
The Kerala High Court has directed the State Government to make available the entire Justice Hema Committee Report, including the redacted portions before the Court in a sealed cover. The Court also suo moto impleaded the Kerala State Women's Commission.The Court passed the above order while considering a Public Interest Litigation seeking to initiate criminal proceedings against offenders...
For Offences Relating To Marriage, Magistrate Can Only Take Cognizance On A Complaint By The Aggrieved Person: Kerala High Court
The Kerala High Court has recently held that for offences relating to marriage under the Indian Penal Code (IPC), the Magistrate if he intends to take cognizance, can do so only on the original complaint of the aggrieved person even if the police had filed a final report.For context under Section 198, Code of Criminal Procedure (CrPC), a Court can take cognizance of an offence under IPC...
Kerala HC Calls For Forest Officials' Report On Measures To Ensure National Parks, Wildlife Sanctuaries And Tiger Reserves Are Plastic-Free
The Kerala High Court has sought a detailed report from the forest officials regarding the requirement to ban the use of plastic in forests, national parks, wildlife sanctuaries and tiger reserves in the State. The report should also contain measures which can be taken to ensure that these areas remain non-plastic zones to protect the flora and fauna.A Division Bench of Justice A....
PIL In Kerala HC Seeks Criminal Proceedings Against Those Accused Of Sexual Offences Against Actresses Based On Justice Hema Committee Report
A public interest litigation has been filed before the Kerala High Court seeking a direction to the Director General of Police to initiate criminal proceedings against the offenders who committed sexual offences against women in the film industry based on the Justice Hema Committee Report.The Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced...
Kerala High Court Allows Wife To Extract And Cryopreserve Critically-Ill, Hospitalised Husband's Gametes
The Kerala High Court recently passed an interim order permitting the wife to extract and cryopreserve gametes of her husband who is unable to give written informed consent and is hospitalized in critical condition.The issue arose since the husband who is in critical medical condition is unable to give written informed consent mandated under Section 22 of The Assisted Reproductive...
Kerala High Court Stays Proceedings Against Woman Booked For Facebook Post Criticizing CM Distress Relief Fund For Wayanad Landslide
The Kerala High Court today stayed the proceedings initiated against a woman for allegedly posting a Facebook post criticizing the Chief Minister Distress Relief Fund collected for the victims of the Wayanad landslides.On July 03, 2024, Mathrubhumi published a picture showing that Chief Minister Pinarayi Vijayan's grandson donated money towards the Chief Minister Distress Relief Fund...
Agreement To Withdraw Prosecution In Rape Case Is Opposed To Public Policy: Kerala High Court Declines To Quash Proceedings
The Kerala High Court held that an agreement entered between the complainant and accused to withdraw prosecution in an offence of rape is void in the light of Section 23 of the Indian Contract Act.As per Section 23 of the Contract, if the court regards that the object of an agreement is opposed to public policy, the agreement is void. Here the Court held that the agreement will stifle...