Kerala High Court
To Attract Offense U/S 111(1) BNS Two Or More Persons Must Carry Out Continuous Unlawful Activity Leading To More Than One Chargesheet Within Last 10 Yrs: Kerala HC
The Kerala High Court allowed the bail application of the petitioner who was arrayed as 1st accused for allegedly committing an offence of organized crime under Section 111(1) of the Bharatiya Nyaya Sanhita, 2023.Section 111 (1) of the BNS defines organised crime as a continuing criminal activity committed by a member of an organized crime syndicate or on behalf of such syndicate. Section...
Section 354A IPC Not Attracted On Alleged Sexual Harassment Of A Woman By Another Woman: Kerala High Court
The Kerala High Court has quashed the proceedings initiated by a woman under Section 354A of the IPC alleging sexual harassment by her sister-in-law and mother-in-law.The sister-in-law (3rd accused) and mother-in-law (4th accused) of the de facto complainant had approached the High Court seeking to quash the offences alleged against them under Sections 498A (husband or relative of husband of...
Kerala High Court Seeks State Govt's Response On Vulnerable Areas Prone To Natural Disasters In Wayanad
The Kerala High Court has sought information from the State Government about other vulnerable areas in Wayanad that are prone to natural disasters due to the heavy rains.The Court passed the above order in the suo moto case initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.The division bench comprising Justice A.K.Jayasankaran...
No Parent Would File False Case Alleging Rape Of Unmarried Daughter: Kerala High Court
The Kerala High Court recently observed that in normal human conduct, no parent would lodge a false case alleging that their unmarried daughter was raped.The Division Bench comprising Justice P B Suresh Kumar and Justice M B Snehalatha thus upheld the conviction of a 27-year-old man for raping and sexually abusing the victim and condoned the six-month delay in filing the FIR, given that...
CJI DY Chandrachud To Inaugurate Country's First Digital Court For NI Act Cases, Other Projects At Kerala High Court
On August 16, 2024, there will be the inauguration of Digital Courts and other innovative initiatives relating to the judiciary in the Kerala High Court.Chief Justice of India D Y Chandrachud will deliver the inaugural address and officially inaugurate various projects including the Country's first exclusive Digital Court for Negotiable Instrument Act Cases in Kollam. The inauguration of...
Compensation To Discontinue Commodity Brokerage Business Chargeable To Income Tax: Kerala High Court
The Kerala High Court has held that the amount received by the assessee is under an agreement for not carrying out any activity in relation to any business that was carried on by the assessee; it would attract the provisions of Section 28(va)(a) of the Income Tax Act and make the receipt chargeable to income tax under the heading of “Profits and gains of business or profession.”.The bench...
Kerala High Court Seeks State's Stand On BJP Leader's PIL Alleging Illegal Beach Sand Mining Under Guise Of Disaster Management
A PIL has been filed by lawyer and BJP leader Shone George before the Kerala High Court alleging illegal mining and exploration of beach sand minerals from Thottappally area of Alappuzha district and other coastal areas in the State under the guise of The Disaster Management Act.The Division Bench comprising Acting Chief Justice A.Muhamed Mustaque and Justice S Manu observed that a...
Kerala High Court Refers Parties To Counselling In Pantheerankavu Domestic Violence Case
The Kerala High Court has directed Rahul P Gopal, accused of attempting to strangle his wife using cable wire after she failed to fulfil his dowry demands, to appear for counselling before the Kerala State Legal Services Authority (KeLSA). The wife has also been asked to appear before the authority.Rahul and his family have been charged under Sections 324, 498A, 307, and 212 of the IPC. His...
Public Discussion Crucial To Solve Gender Issues In Malayalam Cinema, Apprehension That Media Will Malign 'Misplaced': Kerala High Court
The Kerala High Court has called for public debate and discussion to ensure that recommendations made by Justice Hema Committee, to alleviate grievances regarding harassment and discrimination raised by women working in Malayalam film industry, are implemented promptly.Bench of Justice V. G. Arun thus dismissed the petition filed by producer Sajimon Parayil against publication the...
Kerala High Court Quashes Section 377 IPC Charge Against Husband, Discusses Absence Of An Equivalent Provision In BNS
The Kerala High Court recently quashed the criminal proceedings initiated by a woman against her husband for offence under Section 377 IPC. The Court observed that after the definition of rape in Section 375 was amended in 2013, forcible acts of oral sex committed by a male accused on a female victim is an offence of rape. However, since a wife can't prosecute her husband for offence of...
TransUnion CIBIL Must Update Credit Ratings On Time, Borrowers' Reputation Integral To Right To Dignity And Privacy Under Article 21: Kerala HC
The Kerala High Court has ruled that if a Credit Information Company such as TransUnion CIBIL Limited fails to update the credit ratings of its borrowers promptly, it would infringe upon their fundamental rights.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. held that borrowers reputation is protected under right to dignity and privacy guaranteed...
Kerala High Court Dismisses Challenge To Publication Of Justice Hema Commission Report On Issues Faced By Women In Malayalam Film Industry
The Kerala High Court has dismissed the plea challenging publication of report submitted by Justice Hema Commission, tasked with studying and suggesting solutions for issues faced by women in the Malayalam film industry.Bench of Justice VG Arun directed that the report be published within a week. Detailed copy of the judgment is awaited,While pronouncing the order in open Court, the Judge...