Kerala High Court Admits Plea Against 'Meagre Wages' Paid To Prisoners, Restrictive Phone Call Policies

A plea has been moved before the Kerala High Court stating that wages paid to prisoners are meagre and do not comply with the minimum wage standards set by the government. The plea argues that insufficient compensation for labour would amount to forced labour under Article 23 of the Constitution.The plea also states that the arbitrary phone call rates and restriction on the number of...

Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC

The Kerala High Court recently observed that while marriage is an essential ingredient to attract the offence of cruelty punishable under IPC Section 498A, however for abetment to suicide under IPC Section 306 there need not be any relationship between the "accused and the victim". In observing so, the high court set aside the man's conviction for cruelty under Section 498A IPC after noting...

Reformed Growth Of Accused Is A Positive Factor While Considering Withdrawal Of Prosecution: Kerala High Court

The Kerala High Court held that a public prosecutor can consider the nature of the offence, lack of mens rea and the reformation of the accused as positive factors while deciding withdrawal of prosecution. The Single Bench of Justice K. Babu made this observation in a petition filed by the State challenging the Magistrate's order disallowing an application for withdrawal of prosecution filed...

No Bar On Civil Court To Execute Decree Over Waqf Dispute Even After Constitution Of Waqf Tribunal: Kerala High Court

The Kerala High Court held that even after the constitution of the Waqf Tribunal, the Civil Court can execute a decree passed by it relating to a waqf dispute.Justice Kauser Edappagath clarified that even after the constitution of the Waqf Tribunal, the Civil Court continues to have jurisdiction to execute both its own decree as well as any decree passed by the Waqf Tribunal.“Even after...

If Elephants Are Not Protected Next Generation Would See Them In Museums, Like Dinosaurs: Kerala HC In Pleas To Prohibit Parading In Festivals

While hearing a batch of pleas concerning prohibition of cruelty against captive elephants in Kerala, the High Court on Tuesday (November 5) orally remarked that if the animal is not protected and the numbers keep dwindling, the next generation would see the animal in museums, just the way we see Dinosaurs. The high court, which is considering formulation of guidelines to prevent cruelty...

Association Can File Plea Before Administrative Tribunal On Behalf Of Members To Address Their Grievances: Kerala High Court

The Kerala High Court has recently observed that to represent the grievance of its members, an association is entitled to file an original application before the State Administrative Tribunal, clarifying that in such a situation, the association espousing the grievance of its members can also be deemed as aggrieved.A division bench of Justice A Muhamed Mustaque and Justice P M Manoj in its...

Police Officer's Testimony Not Infirm Merely Because He Belongs To The Force, Can Be Basis Of Conviction If Evidence Is Reliable: Kerala HC

While deciding a challenge to a conviction for possessing counterfeit currency, the Kerala High Court observed that the testimony of a Police Official does not suffer from any infirmity merely because he belongs to the police force. In doing so, the high court underscored that if a court is convinced that there is truth in witness's testimony then conviction can be based on such evidence....

Kerala High Court Dismisses Plea Challenging 2021 Assembly Election Of UDF MLA Mani C Kappan

The Kerala High Court on Tuesday (November 5) dismissed a petition filed by C V John challenging the result of 2021 Kerala Legislative Assembly election where Mani C. Kappan who had contested under United Democratic Front was declared as the returning candidate. C. V. John had contested from the same constituency–Pala, as an independent candidate. He had filed the petition against Kappan and...

Kerala High Court Quashes Criminal Case Against Film Director Sreekumar Menon Filed By Film Actress

The Kerala High Court quashed the case against film and ad director Sreekumar Menon by prominent Malayalam movie actress. Justice S. Manu found that the offences alleged against him is unsustainable based on the allegations made against the director.The FIR was filed in Thrissur East Police Station and the case was pending before the Judicial First-Class Magistrate Court -I, Thrissur. He...

Subsequent Police Report Not Invalid Merely Because Court's Permission For Further Investigation Was Not Taken: Kerala High Court

While hearing plea to quash an FIR containing allegations of attempt to murder, the Kerala High Court held that an additional or a subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation.In doing so, the high court while emphasizing the need to obtain the court's permission as a...

Watching Woman Or Capturing Her Images Not Voyeurism U/S 354C IPC Unless In Circumstances Where She Would Expect Privacy: Kerala High Court

The Kerala High Court has held that the offence of voyeurism under Section 354C of IPC will not attract when a woman's photos were clicked by two men, while she was standing in front of her house without any secrecy.Justice A. Badharudeen made it clear that the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under the...

Kerala Public Service Commission Not Empowered To Conduct Enquiry To Determine Applicant's Caste Status: High Court

The Kerala High Court has observed that the Kerala Public Service Commission (KPSC) is not empowered to conduct an enquiry to determine an applicant's caste status. The Court stated that KPSC can authorize a competent authority, such as a revenue authority or other issuing authority, to inquire into allegations of fraud or misrepresentation regarding an applicant's caste status.The Division...