Kerala High Court
Goods Transported For Own Use, No Intention To Evade Tax, Kerala High Court Deletes Penalty
The Kerala High Court has held that the assessee, immediately after the goods were detained, produced the statutory declarations in Form 16 to demonstrate that the goods that were being transported were for the own use of the assessee.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M., while upholding the Tribunal's order, observed that there was no intention on the...
Kottayam Bar Association Protest: Kerala High Court Orders 28 Lawyers To Offer Legal Aid Services For 6 Months
The Kerala High Court has ordered 28 lawyers of the Kottayam Bar Association to offer legal aid services for a period of 6 months, on accepting their unconditional apology for purging the contempt charges against them.The Court had initiated suo moto contempt proceedings against these lawyers for protesting and allegedly hurling abusive language against a female Chief Judicial Magistrate...
Trivandrum Is Like A Dump Site, Plastic Waste Flowing Into Canals Is Embarrassing For Capital City: Kerala HC Calls For Enhanced Waste Management
The Kerala High Court expressed its vision of having a clean capital city in the State. The Court remarked that the plastic waste flowing into the canals including the Aamayizhanchan canal is an embarrassment for the capital city. Last week, the Court conducted a special sitting after the death of a sanitation worker in the Aamayizhanchan canal. The Court had directed the Amicus Curiae to...
Sexual Crimes Can't Be Settled On Compromise But 'Peaceful Family Life' A Humanitarian Ground If Accused & Victim Marry: Kerala High Court
The Kerala High Court has held that crimes that tarnish women's dignity and honour, such as rape, POCSO Act offences cannot be quashed on compromise or settlement. However, if the accused and victim have married and are living together peacefully, this may be a humanitarian ground to allow the quashing of the case.The 1st accused, in this case, was alleged to have sexually assaulted a...
Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC
The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC.Justice K. Babu laid down thus:“In exercising his jurisdiction under Sections 227 and 239 of...
MWPRD Act | Divorced Lady Must Reside Within Jurisdictional Limit Of Magistrate To Avail Benefit Of Act: Kerala HC Denies Relief To Malaysian Citizen
The Kerala High Court has quashed a complaint filed under the Muslim Women (Protection of Rights on Divorce) Act (MWPRD Act) by a woman with Malaysian citizenship. Section 2(c) of MWPRD Act defines Magistrate as Magistrate of First Class exercising jurisdiction under Code of Criminal Procedure in the area where the divorced woman resides. The complainant had argued that the complaint...
[POCSO] Not Safe To Fasten Liability On Cop Who Waited To Record Informant/Victim's Statement Due To Unavailability Of Female Officer: Kerala HC
The Kerala High Court has held that there is no scope to put criminal liability on a police officer for asking the victim and her mother to come the next day to give their statement regarding an offence under the Protection of Children Under Sexual Offences Act (POCSO Act) due to there not being any woman officer at the police station.The court said that while a police officer is...
Denying Ordinary Leave To Convicts Has Detrimental Effect, Reduces Chances Of Rehabilitation And Re-Socialization: Kerala High Court
The Kerala High Court has held that denial of ordinary leave to convicts can be detrimental since it reduces their chances for better rehabilitation and re-socialization into society. The Court further stated that ordinary leave cannot be denied to convicts by relying upon vague police reports.The petitioner, a convict undergoing life imprisonment for murdering his father has approached the...
For Person To Be Considered Victim, There Must Be Some Harm To Mind Or Reputation Which Can Be Perceived From Materials On Record: Kerala HC
The Kerala High Court held that for a person to be considered a victim, there should be some harm to the mind or reputation which is perceivable from the materials on record. The Court made this observation while dismissing an appeal filed against the decision of Sessions Court whereby persons accused of conspiring to kill the appellant were acquitted. The appellant claimed that since he is...
Person Can't Be "Tied Down" To Religion Of Birth: Kerala High Court Permits Change Of Religion In School Certificates
The Kerala High Court has allowed the plea moved by two youngsters seeking to change their religion in their school certificates since they have embraced a new religion. It stated that even if there is a lack of a specific provision enabling change of religion in school certificates, the petitioners are entitled to correct their religion in their records on embracing a new religion.Justice...
"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
The Kerala High Court stated that the Kerala Public Service Commission (KPSC) has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. However, the Court deemed that it was improper for the KPSC to destroy records while an application under the Right to Information Act...
Kerala High Court Reserves Order In KIIFB And Dr Thomas Isaac's Plea Challenging ED Summons In Masala Bonds Case
The Kerala High Court has reserved orders in the writ petitions filed by Kerala Infrastructure Investment Fund Board (KIIFB) and Dr Thomas Isaac challenging the summons issued against them by the Enforcement Directorate in connection with the 'masala bonds' case.Justice T R Ravi on hearing the arguments of KIIFB, Dr Isaac and ED reserved it for orders. Senior Advocate Jaideep Gupta, appearing...