S.17A Prevention Of Corruption Act | Lack Of Sanction Not Bar When Constitutional Court Orders Enquiry Against Public Servant: Kerala High Court

The Kerala High Court has reiterated that when a Constitutional Court passes an order to conduct enquiry or investigation into an offence under the Prevention of Corruption Act, Section 17A of the Act does not operate as a bar. The provision requires that before a police officer conducts an enquiry, inquiry or investigation into any offence alleged to have been committed by a public servant...

What Action Taken Against Vloggers Promoted Illegally Modified Vehicles? Kerala High Court Asks Ministry Of Transport

The Kerala High Court has sought instructions from the Ministry of Road Transport and Highways about the action against vloggers who promote the use of modified and altered motor vehicles in public places that violate safety standards.The Government Pleader informed the Court that the Transport Commissioner could appear before the Court on the next posting date, if necessary, to explain...

Kerala High Court Directs ED To Retain And Preserve CCTV Footage Of Interrogation Of CMRL Officials

The Kerala High Court passed an order directing the Enforcement Directorate (ED) to preserve and retain the CCTV visuals of the interrogation of officials of Cochin Minerals and Rutile Ltd (CMRL) who the ED summoned.It was alleged that CMRL committed cognizable offences warranting investigation under the Prevention of Money Laundering Act, 2002 and a summons was issued to its officials. The...

Separate Calculation Of Gratuity Amount For Parent Service And Deputation Service Impermissible: Kerala High Court

The Kerala High Court has held that the total gratuity payable to an employee has to be calculated based on the monthly salary last drawn by the employee immediately preceding his termination, irrespective of the deputation service of the employee.In the Writ Petition, the question to be decided was how much amount the company should contribute towards the gratuity of its deputed employee....

Time Limit To Avail ITC Is Till 30th November In Each Financial Year From Beginning Of GST Regime: Kerala High Court

The Kerala High Court has held that the time limit to avail ITC is November 30th in each financial year from the beginning of the GST regime.The bench of Justice Dinesh Kumar Singh has observed that prior to the amendment in Section 39 by the Finance Act 2022, the date for furnishing the return under Section 39 was September 30th. Considering the difficulties in the initial stage of...

[S.34 IPC] Mere Participation Or Sharing Same Intention Independent Of Each Other Not Sufficient, Prearranged Plan Has To Be Proved: Kerala High Court

The Kerala High Court has held that mere participation in an offence would not be sufficient to attribute common intention unless it was proved that they shared a premeditated plan. The Court stated that common intention has to be proved through the conduct of the accused, surrounding circumstances or other incriminating evidence.In the facts of the case, three accused have approached the...

Doctrine Of 'Paternity' By Estoppel: Kerala High Court Says Child's Parentage Can't Be Challenged When Conduct Proves Otherwise

The Kerala High Court has held that it is not permissible for a man to challenge the paternity of a child when his conduct proves otherwise.The facts of the case were that in 2022, the petitioner approached the Family Court seeking DNA test stating that he reasonably suspects the minor child's paternity. The Family Court observed that the petitioner suppressed material fact that he had...

Maternity Benefit Applicable To Private Medical Institutions With Effect From March 6, 2020 Only: Kerala High Court

The Kerala High Court has held that the Maternity Benefit Act is not applicable to private educational institutions before 06.03.2020. The Court noted that the State Government issued a gazette notification under Section 2(b) of the Act making the Act applicable to private educational institutions only on 6th March 2020.The matter came before Justice Dinesh Kumar Singh in a Writ Petition....

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report

The Kerala High Court on Monday directed the Registry to number criminal miscellaneous cases only after producing the final report along with witness statements and documents.Justice A. Badharudeen ordered that the Registry shall comply with the direction strictly. “In view of the matter, Registry is directed to number Crl.M.Cs only after producing the final report along with...

State Moves Kerala High Court Against Bail Of Accused In SDPI Leader Shan's Murder Case

The Kerala government has moved the High Court challenging the grant of bail to Rajendra Prasad, first accused in the murder of Social Democratic Party of India (SDPI) State Secretary K.S. Shan who was hacked to death in December 2021.The bench of Justice Bechu Kurian Thomas issued notice on the matter and posted it on June 25 along with similar appeals challenging grant of bail to eight...

Kerala High Court Expresses Disinclination To Grant Anticipatory Bail To Mohiniyattam Performer Booked For Casteist Remarks Against Fellow Artist

The Kerala High Court has reserved for orders the appeal moved by Mohiniyattam performer Kalamandalam Sathyabhama against the dismissal of her anticipatory bail application by the Special Court for Trial of offences under SC/ST Act, for allegedly making casteist remarks against fellow artist Dr. RLV Ramakrishnan.Justice K Babu today orally said, “I will not grant anticipatory bail, I...

S.145 Evidence Act | Witness Not Expected To Accurately Recall Sequence Of Rapid Events, Minor Errors In Testimony Not Contradiction: Kerala HC

The Kerala High Court has reiterated that Section 162 of Code of Criminal Procedure enables the accused to use the statement of a witness to contradict him in the manner provided by Section 145 of the Indian Evidence Act only. The second part of Section 145 says that when a statement is used to contradict a witness, his attention must be called to those parts which are used to contradict...