Merely Because A Person Worked In Pakistan Doesn't Make Him An 'Enemy' Under Rule 130 Of Defence Of India Rules: Kerala High Court

The Kerala High Court has held that merely because a person had moved to Pakistan in search of a job does not make him an enemy under Rules 130 and 138 of the Defence of India Rules, 1971 unless he was trading with an enemy. Court thus quashed the proceedings initiated under the Enemy Property Act, against a property formerly held by the petitioner's father, who had worked at a hotel...

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder

The Kerala High Court today held that while considering allegations of terrorism and related offences under the Unlawful Activities (Prevention) Act, 1967, the Courts should not get carried away by confirmation bias that might creep in based on ideological biases and false narratives prevalent in the society.The Court was considering the criminal appeals moved by 26 persons belonging to...

[S.120 Evidence Act] Husband & Wife Can Testify On Behalf Of Each Other Without Executing Power Of Attorney: Kerala High Court

The Kerala High Court has held that under Section 120 of the Evidence Act, a husband is permitted to testify in lieu of his wife and vice versa even without a written authority or power of attorney.Justice Kauser Edappagath stated that the Trial Court had wrongly rejected the request for examining the plaintiff's husband for and on her behalf in the trial of a suit. “On a careful reading of...

LGBTQIA+ Individuals Experience Familial Rejection, Crucial To Recognize Family As 'Sites Of Violence' And Grant Protection: Kerala High Court

The Kerala High Court recently observed that families can often become sites of violence and control for LGBTQIA+ individuals who they need protection from rather than guardianship.The Court observed that LGBTQIA+ persons face defiance in society and are subjected to stigma, violence and discrimination from an early age due to societal beliefs and cultural norms.The Division Bench...

Can Gift Deed Be Unilaterally Cancelled By Donor After Acceptance By Donee? Kerala High Court Discuses

The Kerala High Court in a recent judgment discussed whether the unilateral cancellation of a gift deed by the donor is legally impermissible.The Single Bench of Justice K. Babu was dealing with an appeal in a suit for declaration of title. The petitioner in the original case had claimed that the concerned property was gifted to her by her mother, Kunhimatha. The 2nd defendant, grandson...

Kerala HC Stays Single Judge's "Prima Facie" Finding Of Ex-DGP Revealing Rape Victim Identity, Says Police Will Be Forced To Proceed Against Him

The Kerala High Court has stayed the prima facie observations made by its single bench against former DGP Siby Mathews for commission of an offence under Section 228A IPC by allegedly revealing the identity of the Sooryanelli rape victim in his autobiographical novel 'Nirbhayam'.The book was published back in 2017. Pursuant to the single judge's order, an FIR was registered.The Division...

Guardian Of Minor Driving Vehicle Without Licence Can Be Prosecuted U/S 199A MV Act Even Before Determining Minor's Guilt: Kerala HC

But guardian will have to be discharged if Juvenile Justice Board concludes that minor is not guilty.

No Fundamental Right To Protest Anywhere The Agitator Pleases: Kerala High Court

The Kerala High Court in a recent judgment held that there is no fundamental right to protest at any place the agitator pleases, and reasonable restriction can be imposed on the exercise of such right.Federal Bank Officers' Association is a trade union which held a dharna in front of its Aluva office holding posters, banners, placards and shouting slogans. The Bank filed a suit before the...

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code.Justice A. Badharudeen quashed the proceedings against the petitioner pending before the Special Court for the Trial of Cases Relating...

Delinquent Public Servant Has Right To Be Tried Within Reasonable Time, State Can't Initiate Disciplinary Action After Unexplained Delay: Kerala HC

The Kerala High Court has made it clear that there is no fair process of enquiry if unexplained delay has occurred in initiating disciplinary proceedings against a delinquent employee, since it causes him significant prejudice. The Court further stated that the Constitution guarantees the right to a fair trial, which should be ensured not only in criminal cases but also in all cases...

S.52A NDPS Act: Kerala High Court Grants Bail To Accused As Seizure Officer Mixed Alleged Contraband Found In Three Separate Packets

The Kerala High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of over 100 gms contraband, noting that the Investigating Officer had mixed the content found in three separate packets.Justice C. S. Dias cited Section 52A of the Act which requires the Investigating Officer to draw separate samples from "each of...

Kerala High Court Weekly Round-Up: June 17- June 23, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 362-377]Sipahi Kumar v State of Kerala, Jaymangal Shah v State of Kerala, 2024 LiveLaw Ker 362Lakeshore Hospital And Research Centre Limited Versus The Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/ Income Tax Officer, National Faceless Assessment Centre, 2024 LiveLaw (Ker) 363Balan Panicker Ramesh Kumar Versus Union Of India,...