Kerala High Court
Kerala High Court Quashes Preventive Detention Of 21-Yr-Old, Appoints Advocate As His 'Mentor'
The Kerala High Court has released a 21-year old boy, who was implicated in seven crimes for allegedly causing obstruction to police officer in performing official duties and under the NDPS Act, from detention under the Kerala Anti-Social Activities (Prevention) Act, 2007.The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen, considering the age of the...
Section 100 CPC | Second Appeal Doesn't Lie On Equitable Grounds: Kerala High Court
The Kerala High Court recently stated that the High Court shall admit and hear a second appeal under Order XLII Rule 1,2 read with Section 100 CPC only on 'substantial question of law' and not on equitable grounds.Justice A. Badharudeen observed that the term 'substantial' means having substance, essential, real, of sound worth, important or considerable. It stated that 'substantial question...
[S.7 PC Act] Kerala High Court Distinguishes Between Acceptance & Obtainment Of Bribe; Says Proof Of Offer, Acceptance Or Prior Demand Must Be Established
The Kerala High Court has made it clear that when the bribe giver offers to pay a bribe without there being any demand from the public servant, it is a case of acceptance under Section 7 of the Prevention of Corruption Act (PC Act). In case of acceptance, the public servant merely accepts the offer of a bribe and receives illegal gratification.Justice K Babu observed that in case of...
No Palpable Misreading Of Records By Magistrate, Revisional Jurisdiction Cannot Be Equated With Appeal: Kerala High Court Dismisses Plea
In a revision plea concerning Section 13 of the Prevention of Corruption Act, the Kerala High Court remarked that “the whole purpose of the revisional jurisdiction is to preserve the power in the court to do justice in accordance with the principles of criminal jurisprudence.”The revisional power of the court is not to be equated with that of an appeal. Unless the finding of the court,...
'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Juvenile Justice (Care and Protection of Children) Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was...
Service Tax | 'Subka Vishwas' (LDR) Scheme: Kerala HC Declines To Invoke Writ Jurisdiction For Party's Default, Says Scheme Is Complete Code
The Kerala High Court has made it clear that the writ jurisdiction of the Court cannot be invoked under Article 226 of the Constitution by the petitioner, citing his inability to comply with the provisions of 'SUBKA VISHWAS' [Legacy Dispute Resolution] Scheme Rules which is a complete code in itself.Dismissing the plea, Justice Dinesh Kumar Singh stated that the scheme was a complete code...
Kerala HC Upholds Father's Conviction For Rape Of Minor Daughter, Says Incident Not Implausible Merely Because Family Shares A Small Hut
The Kerala High Court has dismissed an appeal filed by the father who was convicted by the Sessions Court for offences of sexually assaulting and raping his minor daughter.The Division Bench comprising Justice PB Suresh Kumar and Justice Johnson John upheld the conviction stating that “merely for the reason that the family of the victim consisting of several members was residing in a...
Kerala High Court Passes Interim Order Permitting Fire Works At Ernakulam Shiva Temple, Issues Directions
The Kerala High Court has directed the District Collector to issue directions for granting permission for conducting fireworks at the Ernakulam Shiva Temple in connection with Valiya Vilakku and Arattu on January 22 and 24, 2024 by relying upon an earlier order issued by the Division Bench.The Division Bench, last year, had observed that firecrackers could be burst between 6AM to 10 PM and...
Kerala High Court Directs Interim Stay On Eviction Proceedings Against 63-Year-Old Widow Alleged To Have Encroached On Puramboke Land
The Kerala High Court has passed an interim order directing a stay of eviction proceedings for two months against a 63-year old widow.The matter was heard by Justice Viju Abraham.The petitioner is a senior citizen and a widow residing in Kulathummal Village along with her daughter (petitioner 2). The petitioners submitted that they had been in constant possession of the property for more than...
Kerala High Court Digest 2023: Human Rights
'Children Helping Parents In Selling Articles Not Child Labour' : Kerala High Court Orders Release Of Children From Shelter HomeCase Title: Pappu Bawariya and Anr. v. District Collector Civil Station and Ors.Citation: 2023 LiveLaw(Ker) 10The Kerala High Court ordered the release of two children from Delhi who were sent to a shelter home alleging that they were being forced into child labour...
O.18 R.16 CPC | When Proof Of Will Has To Be Given, Court Must Take Separate & Lenient Consideration To Immediately Examine Witness
The Kerala High Court has stated that when proof of will has to be given, the Court has to take a separate and lenient consideration in examining a witness immediately by invoking the jurisdiction under Order 18 Rule 16 of CPC.Order 18 Rule 16 provides the power to examine the witness immediately.“….this Court is of the opinion that the petition under Order XVIII, Rule 16 C.P.C, in...
Allegations Heavy Blow To Culture & Literacy Boasted By 'God's Own Country': Kerala HC Denies Bail To Laila Bhagawal Singh In Human Sacrifice Case
The Kerala High Court has today dismissed the bail application moved by Laila Bhagawal Singh, one of the accused in the Human Sacrifice Case. The case pertains to the abduction, murder, and burial of two women lottery vendors as part of a ritualistic sacrifice by the three accused persons, namely, Muhammed Shafi alias Rasheed, Bhagaval Singh and his wife Laila. Justice Sophy Thomas...