Kerala High Court Issues Notice To Chief Minister Pinarayi Vijayan, Daughter Veena In CMRL Pay-Off Case

The Kerala High Court today issued notice to Chief Minister Pinarayi Vijayan, daughter Veena Thaikandiyil and other respondents in a revision petition filed by MLA Mathew A Kuzhalnadan against the dismissal of his complaint seeking vigilance enquiry into alleged illegal financial dealings between Cochin Minerals and Rutile Limited (CMRL) and Veena's Company Exalogic Solutions.Special...

Kerala High Court Weekly Round-Up: June 10 - June 16, 2024

Citations: 2024 LiveLaw (Ker) 342 – 361Nominal IndexBindulal V. S. & Others v State of Kerala and Others, 2024 LiveLaw (Ker) 342xxx v Director General of Police , 2024 LiveLaw (Ker) 343The Assistant Commissioner v Anis Mohammed Hussain, 2024 LiveLaw (Ker) 344Althaf J. Muhammed v The District Police Chief and Others, 2024 LiveLaw (Ker) 345Sathyabhama v State of Kerala, 2024 LiveLaw...

Failure Of Assessee To Update E-Mail Address With Dept.; Kerala High Court Dismisses Writ Petition Challenging Demand Notice

The Kerala High Court has dismissed the writ petition challenging the assessment order and notice of demand on the grounds that they were issued in violation of the principles of natural justice.The bench of Justice Murali Purushothaman has observed that when the petitioner-assessee is at fault, as they did not update or change the email address with the Department, they cannot...

Prerogative Of Govt. To Fix Income Limit For Encashment Of Earned Leave Salary For Income Tax Exemption: Kerala High Court

The Kerala High Court has held that it is the prerogative of the government to fix the limit of income from the encashment of earned leave salary for the purposes of exemption from payment of income tax. Unless the government issues a notification fixing the limit of income for earned leave salary, an employee cannot claim exemption from payment of income tax on the encashment of earned leave...

Kerala High Court Directs State To Constitute Special Team And Inquire Revenue Officials For Allegedly Forging Title Deeds

The Kerala High Court recently directed the State Government to constitute a Special Team to inquire into forging of title deeds, including taking bribes by revenue officials in Munnar and Idukki districts.The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen directed thus:“Having heard the submission on the learned Special State Prosecutor, we are of the...

[NDPS Act] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court

A single bench of Justice Mary Joseph of the Kerala High Court has held that before conducting the body search of a person, the person has to be informed of his right to have the presence of either the Magistrate or a Gazetted Officer to witness his body search. The Court observed that unless he was informed of his right in the way he understands, the formalities under Section 50 of the...

While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court

The Kerala High Court held that the Magistrate whilst ordering maintenance to the daughter under Section 20 (1) (d) of the Domestic Violence Act should specify if the maintenance order is made under Section 125 of CrPC or Section 20 (3) of the Hindu Adoptions and Maintenance Act, 1956 (HAMA).Justice P G Ajithkumar ordered thus: “In the light of the discussions made above, I hold that...

[S. 197 CrPC] Police Officials Can't Be Prosecuted Without Govt's Sanction Even If They Exceed Scope Of Power While On Official Duty: Kerala High Court

The Kerala High Court has held that police officials cannot be prosecuted for an act done during the discharge of their official duty without taking sanction from the government under Section 197 CrPC.Justice P.G. Ajithkumar ordered that sanction would be necessary under Section 197 of CrPC if the alleged act was directly concerned with official duty or has reasonable nexus with the discharge...

[S.498A IPC] Offence Committed Abroad Can't Be Tried In India Without Centre's Sanction U/S 188 CrPC: Kerala High Court

The Kerala High Court has held the Trial Court should not proceed with criminal prosecution under Section 498A of the IPC without previous sanction from the Central Government when an offence of marital cruelty was entirely committed outside India by an Indian National.Justice A. Badharudeen thus quashed the criminal proceedings initiated against the husband under Section 498A IPC for want...

[Walayar Rape-Death Case] Govt Should Consider Request Of Victim Or Victim's Representatives While Appointing Public Prosecutor: Kerala High Court

The Kerala High Court has held that the Government should consider the request of the victim or representatives of the victim while appointing a Public Prosecutor or Special Public Prosecutor.Justice A. Badharudeen observed that the absolute power to appoint a Public Prosecutor or Special Public Prosecutor is with the Government but that do not mean that it should completely negate the request...

Whether Income Tax Department Can Seek Custody Of Seized Currency From Magistrate: Kerala High Court Refers To Division Bench

Considering the divergent views of two Single Judge Benches of the Kerala High Court on whether the Income Tax Department has a right to seek interim custody of seized currency notes from the Magistrate, a Single Bench presided by Justice Bechu Kurian Thomas referred the matter to be considered by a Division Bench. The Court will also have to decide whether a requisition issued under Section...

[Recruiting Indian Citizens In Russian Army] Mother Of Commission Agent Approaches Kerala High Court Seeking Protection From CBI Probe

A 65-year-old mother has invoked the writ jurisdiction of the Kerala High Court seeking protection from the probe of the CBI alleging that her son was involved in trafficking Indian nationals to Russia. Justice Devan Ramachandran stated that the petitioner can be summoned for investigation only by issuing a notice. The Court further stated that if later she the petitioner is being arrayed as...