Kerala High Court
Appellate Court Can't Direct Party To Deposit Part Of Amount Covered By Impugned Verdict As Condition To Condone Delay: Kerala High Court
The Kerala High Court has held that an appellate Court cannot direct a party to deposit part of the amount covered by impugned verdict, as a prerequisite to condone the delay in filing the appeal.The delay condonation plea and the appeal filed by the revision petitioner were dismissed by the Sessions Court citing non-compliance with its order to pay maintenance arrears. Justice A....
Kerala High Court Says It Lacks 'Supervisory Jurisdiction' Over NCDRC
The Kerala High Court has held that it can exercise its supervisory jurisdiction under Article 227 of the Constitution only over Courts and Tribunals falling within its territorial jurisdiction.The petitioner filed an appeal against the judgment of the Kerala State Consumer Disputes Redressal Commission before the National Consumer Disputes Redressal Commission (NCDRC) in New Delhi. Aggrieved...
High Court Can Exercise Inherent Power U/S 482 CrPC To Quash ECIR Registered By Enforcement Directorate: Kerala High Court
Kerala High Court has held that even though ECIR is an internal and administrative document, the same can be quashed by the High Court exercising its inherent powers under Section 482 of Code of Criminal Procedure (Cr.P.C).Justice Bechu Kurian Thomas observed:“Any order passed under the provisions of the Cr.P.C can be given its full effect by issuing appropriate orders under section 482...
Whether Income Received By Kerala Cricket Association Would Be Exempted Income Or Not? Kerala High Court Remands Back Matter To ITAT
The Kerala High Court has remanding the matter to the Income Tax Appellate Tribunal (ITAT) to determine whether income received by the Kerala Cricket Association during the assessment years 2010-11, 2012-13, and 2013-14 would partake of the nature of exempted income going by the provisions of Section 2(15) of the Income Tax Act.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam...
Woman Seeking Divorce From 'Loveless Marriage' Not Expected To Recall Each And Every Incident Of Cruelty: Kerala High Court
The Kerala High Court has held that a woman who complains of being in a loveless relationship with her husband who is allegedly living a wayward life and acting under the influence of alcohol would not be able to enumerate each and every incident of cruelty.The Division Bench of Justice Devan Ramachandran and Justice C. Pratheep Kumar were considering an appeal filed against the decision of...
Limitation Under A& C Act Not Applicable To Arbitration Under Other Acts Unless Expressly Mentioned: Kerala High Court
The Kerala High Court held that for arbitration proceedings other than under the Arbitration and Conciliation Act, the provisions of the Limitation Act would not apply unless expressly mentioned in the law under which the arbitration proceedings were inititaed. It was thus observed that the Limitation act would not apply to arbitration proceedings under the National Highways Act.The respondent...
[S. 33(2) POCSO Act] Mode Of Examination Through Intermediary Remains Unchanged Even If Victim Attains Majority During Trial: Kerala HC
The Kerala High Court has held that the mode of examining a victim through the Special Court (intermediary) in a POCSO case as per Section 33 (2) of the POCSO Act remains unchanged even if the victim attains the age of majority during the trial.Section 33 (2) of the POCSO Act mandates that the Special Public Prosecutor or the defence counsel shall give their questions to the Special Court,...
Kerala High Court Issues Directions To Ensure Safety Of Pilgrims During Karkidakavavu Festival Due To Adverse Weather Conditions
The Kerala High Court today invoked its parens patriae jurisdiction to issue directions for ensuring the safety of pilgrims and others during the Balitharpanam and Karkidakavavu rituals conducted by devotees in public places such as Shanghumukham, Thirumullavaram, Varkala and other places during the Karkidakavavu festival on August 3, 2024. During the Karkidakavavu festival, Hindu...
Kerala High Court Grants Bail To 22-Yr-Old Woman Accused In Kollam Child Kidnapping Case
The Kerala High Court has allowed the bail application of Anupama, a 22-year-old daughter of the family who was allegedly involved in kidnapping a six-year-old minor female child in Kollam district.The kidnapping of the minor girl for ransom on November 2023 shocked the entire State, with Anupama being named as the third accused in the case. Her parents were arrayed as the first and...
Kerala High Court Allows Rajya Sabha MP A.A. Rahim To Retain His Diplomatic Passport For The Rest Of His Tenure
The Kerala High Court allowed the appeal filed by Rajya Sabha MP A. A. Rahim challenging the order of Judicial First Class Magistrate – III, Thiruvananthapuram allowing him to hold a diplomatic passport for only two years.A. A. Rahim has been a Member of Parliament in the Rajya Sabha since April 2022 and a Member of the Parliamentary Standing Committee on Transport, Tourism and Culture....
Illegal 'Talaq-E-Sunnat' Not Punishable As 'Triple Talaq': Kerala High Court
Kerala High Court in a recent judgment held that if the intention is not to pronounce instantaneous and irrevocable talaq, it cannot be considered as talaq–ul–biddat.The petitioner had sought quashing of the proceedings against him before the Judicial Magistrate First Class. The respondent had accused him of committing an offence under the Muslim Women (Protection of Rights on Marriage)...
Law Does Not Entitle Male Child Who Has Attained Majority To Claim Maintenance From Father: Kerala High Court
The Kerala High Court held that a male child who has attained majority cannot claim maintenance from their father as per the provisions of the Protection of Women from Domestic Violence Act, Section 125 of CrPC and Section 20 (3) of the Hindu Adoption and Maintenance Act.Justice P.G. Ajithkumar stated, "Thus, none of the said provisions entitles a male child who has attained majority to...