Kerala High Court
Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
The Kerala High Court stated that the right to be enlarged on bail is an indefeasible part of the right to personal liberty under Article 21 of the Constitution and cannot be denied by imposing stringent or unreasonable conditions.Justice Bechu Kurian Thomas stated that excessive bond amounts cannot be imposed for denying bail since bail bonds only intend to secure the presence of the...
Kerala High Court Grants Bail To Former Government Pleader In Sexual Assault Case
The Kerala High Court on Friday granted bail to PG Manu, a former senior government pleader who practiced before the High Court and who was arrested on allegations of subjecting a client to rape.However, Justice Sophy Thomas pointed to the seriousness of the offence alleged and observed,"The fact that the petitioner was a senior government pleader of this Court and that he sexually exploited...
Kerala High Court Stays Chancellor's Order Removing Calicut University VC
The Kerala High Court on Thursday stayed the order of Governor and Chancellor Arif Mohammed Khan removing MK Jayaraj as the Vice-Chancellor of the Calicut University. However, the court refused to interfere in the removal of MV Narayanan, Vice-Chancellor of the Sree Sankaracharya University of Sanskrit.The court was hearing petitions challenging the Chancellor's order stating their...
Refusal To Remove Mortal Remains From Stranger's Property Akin To Abandonment Of Body, Kerala Rules On Burial Of Unclaimed Corpses Can Be Invoked: High Court
The Kerala High Court has stated that a burial in a stranger's property without their express consent can be construed as an abandonment of that body and thereby, the Kerala Panchayat Raj (Burial of Unclaimed Corpses and Carcasses) Rules, 1996 can be invoked in such cases. “In my opinion, by his refusal to remove the corpse even after it becoming evident that the body was buried in...
Centre Notifies Appointment Of 6 Additional Judges In High Court Of Kerala
The Central Government has notified the appointment of six advocates as Additional Judges in the High Court of Kerala. The Supreme Court Collegium had recommended their names for appointment as Judges on 12 March 2024. They are:1. Shri Mullapally Abdul Aziz Abdul Hakim2. Shri Syam Kumar Vadakke Mudavakkat3. Shri Harisankar Vijayan Menon4. Shri Manu Sreedharan Nair5. Shri Easwaran Subramani6....
S.306 IPC | Ordinary Quarrels In Marriage Can't Constitute Abetment Of Suicide In Absence Of Something More In Form Of 'Instigation': Kerala HC
The Kerala High Court has held that ordinary quarrels in marital life without any overt act or instigation that would stimulate or prod the deceased to commit suicide would not attract an offence of abetment to suicide under Section 306 of the IPC.Quashing the criminal proceedings against the wife, Justice Bechu Kurian Thomas stated that other than ordinary quarrels between the spouses, there...
Husband Would Know Wife's Caste Identity, Presumption Under Section 8 SC/ST Act Applies: Kerala High Court
The Kerala High Court has held that the presumption under Section 8 of the SC/ST Prevention of Atrocities Act regarding knowledge of accused about victim's caste or tribal identity is applicable, if the victim is the wife of the accused. Section 8(c) says there is a presumption that the accused would be aware of the victim's caste or tribal identity if they were previously acquainted with...
POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice
The Kerala High Court recently quashed an inquiry report issued under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and rules made thereunder against an Assistant Engineer who was working in the Kerala State Electricity Board (KSEB), citing violation of principles of natural justice.Quashing the inquiry report, Justice Basant Balaji stated thus:...
Procedure U/S 148A Need Not Be Complied With Before Issuing Reassessment Notices: Kerala High Court
The Kerala High Court has held that the procedure contemplated by the provisions of Section 148A of the Income Tax Act, 1961, need not be complied with before issuing notices under Section 148 of the Income Tax Act, 1961.The bench of Justice Gopinath P. has observed that when an item or cash, as in this case, is produced before a Criminal Court, then it is not open to the Income Tax Department...
Brahmapuram Fire Case: Kerala High Court Suo Moto Impleads Southern Railways For Prevention Of Waste Dumping Around Railway Tracks
The Kerala High Court has suo moto impleaded the Southern Railways authorities over the issue of prevention of waste dumping around railway tracks, in light of the Brahmapuram fire disaster.The Special Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P along with other officials visited the Brahmapuram site on March 07, 2024, to evaluate the progress of waste treatment...
Bulk Possession Would Lead To Irresistible Conclusion Of Trafficking Counterfeit Currency Notes Punishable U/S 489B IPC: Kerala High Court
The Kerala High Court has held that possession of a bulk quantity of counterfeit currency notes without an explanation would only lead to an irresistible conclusion that the accused had an object of trafficking counterfeit currency notes and not merely using it.“The appellants and their companion children were in possession of 139 notes of 1000 rupee and 168 notes of 500 rupee...
Suicide Abetment Case: Kerala High Court Sets Aside Interim Order Permitting Dr Ruwais To Re-Join PG Studies, Says College Authorities Not Heard
The Kerala High Court today set aside the interim order issued in favour of Dr Ruwais, accused of abetting the suicide of his girlfriend Dr Shahana by backing out of their marriage in demand of exorbitant dowry, which permitted him to re-join his post-graduate studies.Dr Ruwasi is charged with the offences under Section 306 IPC ('Abetment of Suicide') and Section 4 of the Dowry Prohibition...