Kerala High Court
No Public Interest In Disclosing Justice Hema Commission Report On Problems Faced By Women In Malayalam Film Industry: Kerala HC Told
Malayalam film producer, Sajimon Parayil submitted before the Kerala High Court that there is no public interest involved in disclosing the contents of the Justice Hema Commission Report.The Justice K. Hema Committee was established in 2017, and tasked with studying and suggesting solutions for issues faced by women in the Malayalam film industry. Justice V G Arun was hearing a plea...
Criminal Antecedents Of Accused Not Bar To Compound An Offence, Which Is Otherwise Compoundable: Kerala High Court
The Kerala High Court has held that the criminal antecedents of the accused would not stand in the way of compounding an offence that is otherwise compoundable under the Indian Penal Code.Justice A. Badharudeen observed that prime facie an offence of theft was made out against the petitioner which is a compoundable offence. It stated that theft is a compoundable offence and could be settled...
Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel
The Kerala High Court has imposed an exemplary cost of Rs. 1 Lakh on an advocate who filed a 'frivolous' contempt petition against a judicial officer. The contempt petition was filed alleging that the judicial officer colluded with an advocate and parties in disobeying the directions of the High Court in a case being contested by the contempt applicant.The original case is a partition suit...
Whether Consent Was Obtained Based On Mistake Of Fact On Promise Of Marriage To Be Determined At Trial: Kerala HC Declines To Quash Rape Case
The Kerala High Court held that when prosecution allegations make out prime facie case, then whether a sexual relationship took place after obtaining consent on the misconception of fact on the promise of marriage has to be decided during evidence.The petitioner was alleged to have committed sexual intercourse with the de facto complainant by giving her promise to marriage. He has approached...
Complainant Being Social Worker Should Have Complained Against Sexual Assault Without Much Delay: Kerala HC Stays Proceedings In Rape Case
The Kerala High Court has allowed a plea to quash the final report and stay further proceedings in a case of rape. The Court observed that the complainant being a social worker ought to have raised a complaint against the alleged sexual assault without much delay. Reportedly, there was a delay of three and a half months in filing the F.I.R.Justice A. Badharudeen observed:“The...
Writ Court Has Jurisdiction Over Non-Statutory Contractual Dispute If State Acts Arbitrarily: Kerala High Court
The Kerala High Court has held that the Writ Court does not always lack jurisdiction to address disputes involving a 'State' entity under Article 12 when it enters into a purely contractual relationship with a private party.The High Court was considering a writ appeal filed by the Indian Space Research Organization (ISRO) challenging the order in the writ petition that directed them to...
Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court
The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it.The Bar Council of India after considering that a large number of people have enrolled with the Bar Council of...
Shifting Bio Toilets From Sabarimala To Relief Camps In Wayanad Not Feasible Due To Large Number Of Expected Pilgrims: Kerala High Court
The Kerala High Court has stated that it will not be feasible to direct the Travancore Devaswom Board to shift 15 bio toilet units kept at Sabarimala to relief camps at Wayanad due to the anticipated large number of pilgrims for Chingamasapooja from August 16, 2024.The Division Bench comprising Justice Anil K. Narendran And Justice Harisankar V. Menon observed thus: “we are of the view that...
Kerala High Court Weekly Round-Up: July 29- August 04, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 480 – 505]Sajid Muhammedkutty v State of Kerala and Another, 2024 LiveLaw (Ker) 480Moidutty Musliyar v Sub Inspector Vadakkencherry Police Station, 2024 LiveLaw (Ker) 481Rasheeda Bano v Union of India, 2024 LiveLaw (Ker) 482Intersource Exports (P) Ltd. Versus Deputy Commissioner Of State Tax, 2024 LiveLaw (Ker) 483XXX V State of Kerala, 2024...
Bail U/S 45(1) PMLA Can Be Given To Sick Or Infirm: Kerala High Court Grants Interim Bail To Former KPCC General Secretary
The Kerala High Court has granted bail to K. K. Abraham, former general secretary of the Kerala Pradesh Congress Committee (KPCC). Justice C. S. Dias passed the order after considering the health issues of the accused. The Court has not passed any final orders on the bail application.Mr. Abraham was arrested by the Enforcement Directorate in a case of co-operative bank fraud and was in...
Kerala High Court Alters Murder Conviction Of Ex-CPI(M) Leader Who Was Sentenced To Death
The Kerala High Court has set aside the death sentence awarded to former CPI(M) local leader and Chairman of Cherthala Municipal Standing Committee, R. Baiju convicted by the Additional Sessions Judge, Alappuzha of murdering Divakaran, a member of the Indian National Congress. A division bench of Justice P. B. Suresh Kumar and Justice M. B. Snehalatha found that the charge of murder was...
'Media Entitled To Discuss Publicly Available Book': Kerala High Court Quashes Defamation Case For Discussing Book On Mata Amritanandamayi
The Kerala High Court quashed a defamation case against media persons of Reporter Channel who aired a show called 'Big Story' that discussed a book about Mata Amritanandamayi and her Math. The Court stated that media persons can conduct discussions about books available in the public domain and doing so would only constitute fair comment or criticism, which falls under their freedom of...