'How Can Criminal Liability Be Attributed?': Kerala High Court Asks In Plea Against Forest Officials Over Sloth Bear's Death In Well

The Walking Eye Foundation for Animal Advocacy has filed a plea before the Kerala High Court seeking to fix responsibility and initiate administrative action against the Forest department officials and Veterinarian over death of a sloth bear which had fallen into a well on April 20, 2023. The plea accused the officials of not taking proper action in the matter.The incident relates to a Sloth...

Kerala High Court Dismisses Reporter TV's Plea Against Direction To Produce Allegedly Contemptuous News Items Broadcasted On 2017 Actor Assault Case

The Kerala High Court on Tuesday dismissed a petition filed on behalf of Reporter TV challenging the order of a Sessions Court directing the news channel to produce the news items, including discussions and interviews, broadcasted by it from December 25, 2021 to October 21, 2022, in connection with the 2017 Actor Assault case. The direction was issued in a petition seeking reference to the...

7 Persons Convicted In Madhu Lynching Case Move Kerala High Court Against Order Of Special Court

Seven of the fourteen persons convicted in the Madhu Lynching Case have approached the Kerala High Court for setting aside of the conviction and sentence of the Special Court for SC/ST (Prevention of Atrocities) Act, Mannarkkad. The case pertains to the death of a mentally challenged tribal youth, Madhu, who was lynched in February 2018, on suspicion of theft of rice, spices from shops in...

Quantity Of Contraband Can Be Considered For Dilution Of Rigour Of S.37 NDPS Act After Satisfying Other Parameters For Bail: Kerala High Court

The Kerala High Court recently observed that quantity of the contraband seized from an accused can also be regarded as a parameter in addition to other factors, for diluting the rigour under Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) for the purposes of grant of bail. As per Section 37 of the NDPS Act, the Court can grant bail to the accused only if...

No Bail In Attempt To Murder Case On Settlement If Witnesses Support Prosecution Case: Kerala High Court

The Kerala High Court recently held that mere settlement of an attempt to murder case between the parties by itself could not be a ground for granting bail to an accused. The Single Judge Bench of Justice A. Badharudeen observed that the grant of bail shall be subject to the merits of the matter, including the antecedents of the petitioner. "Going by the available materials, the allegations...

Is There Need To Continue Granting Community-Based Licenses For Cremation, Burial Grounds? Kerala High Court Asks State To Examine

The Kerala High Court recently asked the State to examine whether there was any need to continue granting separate licenses for burial or burning grounds for different communities, and whether such an action would violate Articles 14 and 21 of the Indian Constitution. The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman was considering a petition...

Eligibility Criteria In Prospectus Can Be Amended When There Is Discrimination Between Similarly Situated Candidates: Kerala High Court

The Kerala High Court recently considered the question as to whether pursuant to the publication of the final list of candidates in the service quota for Medical Officers, for admission to the Post Graduate Ayurveda courses 2022, one of the eligibility criteria mentioned in the prospectus could be changed. While the Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma...

Claim Of Deduction Under Section 80P Is Conditional On Filing A Return Within The Due Date: Kerala High Court

The Kerala High Court has held that the pre-condition for claiming the deduction under Section 80P of the IT Act has now been made more stringent by reducing the time available to an assessee for making the claim.The bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. has observed that the claim for deduction under Section 80P is conditional on filing a return within the...

Kerala High Court Moves Towards Complete Automaton Of Online Certified Copy Application Process

The Kerala High Court has automated the entire process of online certified copy application. As per the existing system, Advocates, parties in person, and members of the public may apply for a certified copy using the dashboard provided. All applications would be available in the certified copying section copyist dashboard. Once the copyist has verified the application, it would then be...

Kerala High Court Weekly Round-Up: April 17 To April 23, 2023

Nominal Index [Citation: 2023 LiveLaw (Ker) 195-200]XXX & Anr. v. YYY 2023 LiveLaw (Ker) 195The Trivandrum Chamber of Commerce and Industry & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 196Bosco Louis V State of Kerala, Pauly Vadakkan v. Lulu International Shopping Mall Pvt Ltd 2023 LiveLaw (Ker) 197 Anu Mathew V State of Kerala 2023 LiveLaw (Ker) 198Xavier T.J v State Of...

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. to quash criminal proceedings, would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se.The Single Judge Bench of Justice K. Babu relied upon a catena of Apex Court decisions such as State of...

Centre Notifies Appointment Of Justice S.V. Bhatti As Acting Chief Justice Of Kerala High Court

The Central Government has notified the appointment of Justice S.V. Bhatti as the Acting Chief Justice of Kerala High Court with effect from April 24, 2023, informed Union Law Minister Kiren Rijiju through Twitter. The present Chief Justice of Kerala High Court S. Manikumar, is set to retire on the aforementioned date. In exercise of the power conferred by the Constitution of India,...