'Accused Acquitted Due To Shortfalls In Probe': Kerala HC Calls For Scientific Investigation Methods, Centralized Knowledge Repository

The Kerala High Court underscored the importance of conducting effective investigation by the police by scientific methods of investigation technology, by not just relying on traditional methods of collecting evidence for ensuring a robust and efficient investigation process.In the facts of the case, the appellant-mother who was convicted under Section 302 of the IPC by the Additional...

PMLA Does Not Intend To Attach Or Confiscate All Properties Of A Person Connected With Crime: Kerala High Court

The Kerala High Court has observed that the Prevention of Money Laundering Act 2002 (PMLA) does not intend to attach or confiscate all properties of a person connected with crime, especially those properties that were acquired before even the commission of the crime.A senior citizen and his wife have approached the Court seeking to quash an order of provisional attachment issued under the...

Kerala High Court Grants Bail To 3 Booked For Vandalising Lawyer's Office, Appreciates Advocates' Association For Lending Support To Lawyer

While granting bail to three men accused of entering an advocate's office and causing destruction of property, the Kerala High Court appreciated the participation of the Kerala High Court Advocates' Association noting that when a lawyer has a grievance the entire lawyer community and the association come together to lend its support. The President of Kerala High Court Advocates'...

[Actress Assault Case] Kerala High Court Rejects Pulsar Suni's Plea To Recall Two Expert Witnesses, Calls It 'Frivolous'

The Kerala High Court on Monday dismissed the plea filed by Sunil N.S., also known as 'Pulsar Suni', the main accused in the 2017 Actor Assault Case- for recalling two expert witnesses.Suni had approached the High Court against the order of the Sessions Court dismissing his application to recall two expert witnesses, a doctor who collected samples for forensic examination and the...

Kerala HC Quashes Case Against Former MP For Allegedly Comparing Lawyers To Street Dogs

The Kerala High Court quashed the defamation case against former Ernakulam MP, advocate and lawyer, Sebastian Paul pending before the Taliparamba Magistrate Court for allegedly comparing the lawyer community with street dogs.The said statement was made in 2016 when there was a tussle between the lawyers and journalists in Kerala. The speech made by Sebastian Paul was reported by media....

Members Of Charitable Society Running Private College Are "Public Servants": Kerala High Court

The Kerala High Court held that the authority which can decide the grant of admission, collection of fees etc. of a private pharmacy college is a 'public servant' as defined under the Prevention of Corruption Act (PC Act). The Court was dealing with an issue regarding the collection of the capitation amount.The Court noted that the admission and fixation of fees to the institution is governed...

In Public Interest: Kerala HC Upholds Mandatory Rotating Medical Internship By Foreign Students For Missing Classes Due To COVID/ Ukraine War

The Kerala High Court has upheld Kerala State Medical Commission's decision mandating two year Compulsory Rotating Medical Internship to foreign students who missed offline classes due to COVID-19 and war in Ukraine, observing that it was made in larger public interestThe petitioners had undergone medical course in Ukraine from 2016-2022. They approached the High Court seeking a declaration...

Kerala High Court Mulls Suo Moto Contempt Action Against Organisers, Persons Who Attended CPI(M) Area Conference By Blocking Road

The Kerala High Court today noted that 40,821 road accidents occurred in the State this year up till October 2024, in which 3,168 persons died and 45,657 persons sustained injuries. The Court is thus set to consider whether suo moto contempt proceedings should be initiated against persons who conducted and attended CPI(M) party's area conference in Vanchiyoor, by obstructing roads on December...

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 782-801]Manoj George v State of Kerala, 2024 LiveLaw (Ker) 782Manohari R v The Deputy Tahsildar (Revenue Recovery), 2024 LiveLaw (Ker) 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw (Ker) 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw (Ker) 785Nishad Padinjare Peediyekkal V Hyderiyya Masjid...

[POCSO Act] Quashing Of Serious Offence To Efface Evidence Already Recorded Cannot Be Done Even At Instance Of Survivor: Kerala High Court

The Kerala High Court dismissed a petition filed by the victim of a POCSO offence to quash the proceedings saying that serious offences are involved and the trial had reached at the end stage.The Court noted that that the accused is alleged of committing serious offences like aggravated penetrative sexual assault against the minor. The accused was the father of the victim. He is accused to...

Reports Forming The Basis For Determining EPF Dues Must Be Shared With Parties: Kerala High Court

Kerala High Court: A single bench of Justice N. Nagresh overturned the orders of the Central Government Industrial Tribunal-cum-Labour Court (CGIT) in two writ petitions filed by Sree Narayana Guru Memorial Educational & Cultural Trust. These orders demanded the Trust pay alleged EPF dues. The court ruled that repeated factual errors, procedural issues, and the lack of a fair...

Officer Entitled To Full Pay And Allowances If There Are No Reasons To Keep Him Suspended Till Conclusion Of Disciplinary Proceedings: Kerala HC

The Kerala High Court has held that an officer would be entitled to full pay and allowances if there were no reasons for keeping him under suspension till the conclusion of disciplinary proceedings.The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar observed that disciplinary authority must apply their mind and exercise their discretion in deciding whether the...