Kerala High Court
Kerala High Court Grants Interim Exemption To Mother From Payment Of IGST On Imported Medicine For Rare Disease
The Kerala High Court has issued an interim order exempting a mother from paying IGST on import of Risdiplam medicine for her three-year-old son who is suffering from a life-threatening rare disease called Spinal Muscular Atrophy (SMA).The petitioner has approached the Court seeking removal of GST for the medicine Risdiplam that she purchases from ABS Chemist & Druggist (6th respondent)...
[S.218 CrPC] Irregularity On Account Of Misjoinder Of Charges Doesn't Vitiate Conviction Unless Miscarriage Of Justice Proved: Kerala High Court
The Kerala High Court has upheld a conviction order passed by the Trial Court despite the misjoinder of charges, stating there was no failure of justice.Justice P G Ajithkumar said no prejudice was caused to the accused and separate evidence was brought before the Court to prove separate charges. It stated that the accused was given ample opportunity to challenge the evidence presented before...
Wife Can't Unilaterally Withdraw Consent For Divorce After Settlement Was Arrived At During Mediation: Kerala HC Upholds Dissolution Of Marriage
The Kerala High Court upheld the judgement passed by the Family Court dissolving the marriage between the parties in a joint petition filed for divorce, even though the wife withdrew her consent for filing the divorce. The Division Bench comprising Justice Anu Sivaraman and Justice C Pratheep Kumar stated that the Family Court dissolved the marriage by relying upon the decision in Benny v....
Consumer Forum Vacancies Will Create Hardships For Common Citizens: Kerala HC Permits Incumbent Members To Continue Till Fresh Appointments
The Kerala High Court has directed the State and the Personnel and Administrative Reforms Department to allow the President of State Consumer Disputes Redressal Commission as well as President and members of the District Consumer Disputes Redressal Commission to continue in their respective posts as a temporary measure. The court was hearing a petition against the vacancies in...
[KAAPA] Look Out Notice Cannot Be Challenged Without Challenging The Detention Order: Kerala High Court
The Kerala High Court recently held that a look out notice under the Kerala Anti-Social Activities Prevention Act, 2007 cannot be challenged without a challenge to the detention order“We note that a look out notice is a part of consequential proceedings. It cannot be subject to challenge” observed Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen. A look out notice was...
Kerala High Court Permits Doctor Accused Of Abetting Girlfriend's Suicide By Asking For Exorbitant Dowry To Re-Join Post Graduate Studies
The Kerala High Court has permitted Dr Ruwais, who is booked for abetting the suicide of his girlfriend Dr Shahana by backing out of their marriage in demand of exorbitant dowry, to re-join his post-graduate studies.Ruwais was charged with the offences under Section 306 IPC ('Abetment of Suicide') and Section 4 of the Dowry Prohibition Act ('Penalty for demanding dowry'). When the incident...
Any Person Regardless Of Gender & Age Can Be Accused Under POCSO Act: Kerala High Court Refuses To Quash Case Against Minor
The Kerala High Court has held that any person regardless of gender and age can be an accused under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).It thus refused to quash the proceedings pending under the Act against a minor. The bench of Justice PG Ajithkumar however clarified that the minor cannot be tried in an ordinary criminal court but can only be dealt under...
Asst Public Prosecutor Aneeshya's Mother Moves Kerala High Court Seeking CBI Probe Into Her Suicide, Alleges Criminal Conspiracy By Her Superiors
The mother of S Aneeshya, has approached the Kerala High Court seeking a fair and proper investigation by an independent agency like the CBI into the criminal conspiracy that led to the suicide of her daughter on January 21, 2024.Aneeshya was working as an Assistant Public Prosecutor (APP) at Munisff Magistrate Court in Kollam and it is alleged that she committed suicide due to continuous...
[POCSO Act] Kerala HC Upholds Conviction Of Father Accused Of Sexually Assaulting 9-Yr-Old Daughter, Says Life-Sentence Imposed By Trial Court Not Disproportionate
The Kerala High Court in a recent POCSO matter rejected the appeal of an accused who was convicted for committing aggravated penetrative sexual assault on his nine-year-old daughter. The Court also rejected the argument of the accused that the sentence imposed of 5 years under the POCSO Act, and 1 year under the IPC, was disproportionate to the gravity of the offence. A division bench of...
[Cheque Dishonour] Complainant Failed To Prove Cheque Was Issued Against Legally Enforceable Debt: Kerala High Court Acquits Accused
The Kerala High Court has held that a complainant under the Negotiable Instruments Act cannot rely on the presumption that the holder of a negotiable instrument has paid consideration for it when his claim is inconsistent.It upheld the acquittal of the accused upon noting that the complainant in the present case had failed to prove that the cheque had been issued in lieu of legally...
Auction Purchasers Can't Object To Bank Offering One-Time Settlement Facility To Borrower Until Auction Sale Is Confirmed: Kerala High Court
The Kerala High Court has held that auction purchasers cannot say that banks cannot enter into a one-time settlement facility with the borrowers and cancel the auction sale until the sale was conformed in their favour. Justice N Nagaresh stated that the auction purchasers do not acquire any right or interest over the mortgaged properties as long as the auction sale was confirmed and...
Kerala High Court Issues Notice On Plea By European Company Seeking Restoration Of ₹75 Crores Attached By ED In 2017
Partner Lease OOD, a European Limited Liability Company Incorporated under the laws of the Republic Of Bulgaria has approached the Kerala High Court seeking restoration of an amount of Rs 75 Crores which was attached by the Directorate of Enforcement (ED) in the year 2017.Justice Bechu Kurian Thomas has issued notice to the ED and the Standing Counsel has sought time for filing a statement....