Kerala High Court
Kerala High Court Directs Selection Process To Establish GST Appellate Tribunal To Be Completed Within Four Months
The Kerala High Court recently directed for completion of the selection process for establishing the GST Appellate Tribunal.“In the light of the fact that the process has already been initiated to establish the GST Appellate Tribunal, we order that entire selection process shall be completed within a period of four months”, ordered the Division Bench comprising Acting Chief Justice...
Can Doctors Be Prosecuted U/S 19(1) POCSO Act For Failing To Inform Police About Offence Against Minor Within Reasonable Time? Kerala HC Answers
The Kerala High Court has held that every person has to inform the police within a reasonable time as per Section 19 (1) of the POCSO Act if they have an apprehension that an offence has been committed against a minor. It held that a person will be prosecuted only when there is a deliberate omission to report the offence to the police.In this case, the petitioner who is a doctor was arrayed...
Kerala High Court Stays Governor's Move To Constitute Search Committee For Appointing KUFOS Vice Chancellor
The Kerala High Court has stayed Governor Arif Mohammad Khan's decision to form a Search-cum-Selection committee for conducting the selection process for appointing the Vice Chancellor of the Kerala University of Fisheries and Ocean Studies (KUFOS).Justice Ziyad Rahman A.A. thus issued an interim order staying all further proceedings based on the notification dated 28 June 2024 passed by...
BNSS Will Be Applicable To All Criminal Appeals Filed After 1st July: Kerala High Court Frames Guidelines
The Kerala High Court has laid down the following principles to determine whether the procedure under the Code of Criminal Procedure, 1973 (Cr. P.C) or Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is applicable when an appeal is filed.An appeal filed on or after 01.07.2024 shall be governed by BNSSIrrespective of whether the conviction was given on or before 01.07.2024 or if the appeal...
Can't Let Credibility Of Indians Be Affected In UAE: Kerala HC Denies Relief To Businessman In Loan Fraud Case By Sharjah Based Bank
The Kerala High Court recently dismissed the petition filed by Abdul Rahman, a Malayali businessman seeking to quash the FIR registered against him on behalf of a UAE-based bank for cheating of 42.898 million UAE dirhams.Rahman, the owner of Hexsa Oil and Gas Services, is accused of absconding from Dubai after taking a loan from the Invest Bank, Sharjah and diverting the money for his...
Family Booked For Cheating Depositors Found Involved In More Than 100 Other Cases: Kerala High Court Refuses Bail
The Kerala High Court has dismissed the bail applications moved by four members of the same family who were arrayed as accused for allegedly committing criminal breach of trust and offences under the Banning of Unregulated Deposit Schemes Act, 2019.Justice C S Dias observed that the petitioners were accused of being involved in more than 100 crimes registered across various police stations in...
Rape Committed In Oman But Genesis Of Crime In India? Kerala High Court Says Centre's Sanction U/S 188 CrPC Not Required For Trial
The Kerala High Court has directed the Trial Court to proceed with the trial against the petitioner who allegedly cheated, defrauded and had forceful sexual intercourse with a woman after taking her to Muscat, Oman by offering her a job at his house.The Court referred to the Apex Court judgment in Sartaj Khan v. State of Uttarakhand (2022), wherein it was laid down that there was no necessity...
Kerala HC Directs Family Court To Conduct Joint Trial Of Plea To Recover Past Maintenance And Miscellaneous Case Claiming Future Maintenance
The Kerala High Court has directed a Family Court to conduct joint trial of an Original Petition (OP) and Miscellaneous Case (MC) filed under Section 125 of CrPC seeking maintenance.The petitioner/husband had approached the High Court against the dismissal of his joint trial application of an OP and MC by the Family Court. The Division Bench comprising Justice Devan Ramachandran and Justice...
Sanitation Worker Swept To Death While Cleaning Aamayizhanchan Canal: Kerala High Court Says Incident Should Serve As An Eye-Opener
The Kerala High Court has commended the bravery of persons who engaged in the rescue operation of Joy, the sanitation worker who died after being swept off by rains while cleaning the part of Aamayizhanchan canal near Trivandrum Central Station. The Court noted that the workers had to conduct the rescue operations in very unhygienic conditions. The canal is blocked with huge quantities of...
[Masala Bonds Case] Dr Thomas Isaac Aware Of Utilization Of KIIFB Funds, 'Prime Person' To Collect Information From: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that Former Finance Minister Dr Thomas Isaac who was the Vice Chairman of the KIIFB General Committee as well as the Chairman of the Executive Committee had the knowledge and awareness and he was a prime person to collect information from regarding utilization of funds.Justice T R Ravi was considering two separate...
Not Taken Any Coercive Steps Against CMRL Officials, No Criminal Prosecution Has Commenced: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that they have not taken any coercive steps against the officials of Cochin Minerals and Rutile Ltd (CMRL) and that no criminal prosecution has been commenced so far.The officials of CMRL were being summoned by the ED to enquire about the allegations of committing cognizable offences under the Prevention of...
Can Magistrate Take Cognizance Of Private Complaint & Order Probe When Sanction U/S 19 Of PC Act Is Required? Kerala HC Refers To Larger Bench
The Kerala High Court has referred to a larger bench the question of whether the Supreme Court's decision in Anil Kumar v M. K. Aiyappa and Another (2013) is still a valid precedent considering the subsequent judgment made by the Supreme Court in Jayant and Others v State of Madhya Pradesh (2020).The decisions vary on whether the Magistrate can take cognizance of a private complaint and...