Kerala High Court
Special Court Can Invoke S.457 CrPC To Grant Of Interim Custody Of Vehicles Seized Under NDPS Act: Kerala High Court
The Kerala High Court has stated that a Special Court under the NDPS Act can grant interim custody under Section 457 of the CrPC of vehicles that have been seized under the Narcotic Drugs and Psychotropic Substances Act.“Leaving the seized vehicle idle and exposed to sun, rain and the vagaries of nature till the completion of the legal formalities, will only result in deterioration of...
Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds.A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same detention...
Kerala High Court Closes Swapna Suresh's Anticipatory Bail Pleas After Prosecution Submits It Has No Intention To Arrest Her Now
The Kerala High Court today closed two pre-arrest bail pleas moved by Swapna Suresh in connection with FIRs for allegedly spreading false and defamatory information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government.Justice Viju Abraham closed the bail pleas after recording the submission of Public Prosecutor that investigations are going on and there is no intention...
[Actor Assault Case] Kerala High Court Rejects Plea Seeking Cancellation Of Dileep's Bail
The Kerala High Court has rejected a plea by the Crime Branch seeking to cancel the bail granted to actor Dileep who is an accused in the abduction and sexual assault case of an actress.A single judge bench of Justice Sophy Thomas stated that the “trial court has made some observations and findings in their order which may tend to appear that the learned judges made up their mind as to...
Binoy Kodiyeri Moves Kerala High Court Against Income Tax Department's Notice Seeking To Re-Open Assessment For Previous Years
Binoy Kodiyeri, son of CPM politician Kodiyeri Balakrishnan, has moved a plea before the Kerala High Court against the Income Tax Department alleging that the procedure adopted by the IT department in issuing certain notices to him was "arbitrary, illegal, unsustainable and in gross violation of the principles of natural justice".The plea alleges that the petitioner and his family...
'Not Untouchability' : Kerala High Court Upholds Condition That Sabarimala Melshanthi(Chief Priest) Must Be Malayali Brahmin
The Kerala High Court today dismissed a batch of petitions challenging the Travancore Dewaswom Board notification inviting applications only from Malayali Bhramins for appointment as Melshanthi(chief priest) of Sabarimala-Malikappuram temples.The Division Bench comprising Justice Anil K Narendran and Justice P. G. Ajithkumar rejected the petitioners' argument that the conditions stipulated in...
TP Chandrashekharan Murder | Kerala High Court Desists From Death Penalty, Sentences 9 Convicts To Life Imprisonment Without Remission For 20 Yrs
In the TP Chandrashekharan murder case, the Kerala High Court imposed life imprisonment without remission to nine convicts (A1 – Anoop, A2 - Manoj @ Kirmani Manoj, A3 – N.K.Sunil Kumar @ Kodi Suni, A4 – T.K.Rajeesh, A5 – K.K.Muhammed Shafi, A6 – S.Sijith, A7 – K.Shinoj, A8 – K.C.Ramachandran, A11 – Manojan). The Court also sentenced 3 convicts (A10-K K Krishnan, A12-Geothi...
[TP Chandrashekaran Murder] Kerala High Court To Pronounce Order In Plea For Enhancement Of Accused's Life Sentences
The Kerala High Court will pronounce its orders on the plea for enhancement of sentence in the TP Chandrashekaran murder case at 3.30 PM today. The leader of the Revolutionary Marxist Party (RMP) was murdered due to political rivalry on May 4, 2012.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath was considering the appeals for enhancement of...
Obligation To Engross Decree On Stamp Paper Lies With Court Which Passed Final Decree: Kerala High Court
The Kerala High Court has held that the obligation to engross the final decree on stamp paper lies with the appellate court which passed the final decree.A division bench comprising Justice Anil K Narendran and Justice PG Ajithkumar has held the decision in Brenda Barbara Francis v. Adrian Miranda 'Halcyon' Pakkattuvila, Kunnukuzhi (2016) to be per incuriam, observing that the obligation...
[TP Chandrasekharan Murder Case] Kerala High Court To Consider Mitigating Circumstances Of Accused In Plea For Enhancement Of Sentence
The Kerala High Court heard the convicted accused on the plea for enhancement of sentence in the TP Chandrashekaran murder case. The leader of the Revolutionary Marxist Party (RMP) was murdered due to political rivalry on May 4, 2012.Last week, the High Court confirmed the trial court judgment and convicted 11 accused under Section 302 (punishment for murder) and Section 120B...
Can A Pregnant Woman Who Initiated Divorce Proceedings Seek Medical Termination Of Pregnancy Alleging Change Of Circumstances: Kerala HC To Consider
The Kerala High Court is to consider the question of whether a woman can claim a change of circumstances for seeking medical termination of pregnancy under the Medical Termination of Pregnancy Act 1971 and Medical Termination of Pregnancy Rules 2003 when she has filed a divorce petition and the proceedings are going on.As per Rule 3 (B) of the Medical Termination of Pregnancy Rules...
Previously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High Court
The Kerala High Court has made it clear that when two suits between the same parties on the same issue are pending, it is only the subsequent suit which can be stayed in exercise of powers under Section 10 of the Civil Procedure Code. “Considering the fact that the suit filed by the respondent being the one filed earlier, it cannot be stayed under Section 10 of CPC” bench of Justice...