Modesty Of Woman Is Outraged When Action Of Offender Could Be Perceived As Being Capable Of Shocking Her Sense Of Decency: Kerala High Court

The Kerala High Court has held that an offence of outraging the modesty of a woman under Section 354 of the IPC is attracted when the offender's action is such that it would be perceived as capable of shocking a woman's sense of decency.In this case, the President of the Parent Teachers Association (PTA) of an upper primary school was accused of using obscene language and outraging the modesty...

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 748-765]State of Kerala v Jayakrishnaraj G, 2024 LiveLaw (Ker) 748Baburaj Jacob v State of Kerala and Another, 2024 LiveLaw (Ker) 749The Federal Bank Ltd. v The Additional/ Joint/ Dputy/ Assistant Commissioner of Income Tax, 2024 LiveLaw (Ker) 750Pooja Anand v Ashokan K. and Another, 2024 LiveLaw (Ker) 751Georgekutty C X v Chairman and...

Kerala High Court Asks State To Transfer ₹1510 Crore Paddy Land Conversion Fee To Agricultural Promotion Fund In Next 12 Months

The Kerala High Court has ordered the State to remit the entire amount it collected as application fee for conversion of paddy land since the enactment of Kerala Conservation of Paddy Land and Wetland Act, 2008 to the Agricultural Promotion Funds (APF) in the next 12 months. The State Level Officer responsible for managing the Agriculture Promotion Fund informed the Court that a total amount...

Kerala HC Quashes Notification To Set Up High-Security Number Plate Manufacturing Plants, Calls For Fair Tender Process

The Kerala High Court has quashed the notification issued by the state government dated July 30, 2024, permitting Regional Transport Officers in the State to set up plants for the production of high-security registration number plates (HSRP) and to obtain Technical Approval Certificates (TAC) for the implementation of the HSRP scheme.The government introduced the HSRP scheme, which...

'Torture' Not Part Of Police's Official Duty, No Sanction Required To Prosecute For Such Acts: Kerala High Court

The Kerala High Court has held that a Magistrate Court can take cognizance in case of custodial torture by police office, without prior sanction of the State Government under Section 197(1) of CrPC. Justice K. Babu reasoned that a Police Officer torturing a man in a police station cannot be treated as part of official duty, thus not requiring sanction to prosecute.“How can we say that the...

GST | Separate Notification Needed For Cross-Empowerment Of State Officials? Kerala High Court Refers To Division Bench

The Kerala High Court prima facie disagreed with the view expressed by the Madras High Court

No Criminal Proceedings Can Lie For 'Defamation' Of Banned Organisation Like PFI, Kerala High Court Grants Relief To Media House

The Kerala High Court quashed criminal defamation proceedings initiated against a media house for allegedly publishing a defamatory article about the 'Popular Front of India' (PFI).Justice P.V.Kunhikrishnan observed that PFI is a banned association in India; therefore, defamation cannot be alleged against a banned organization, since it has no legal entity. While quashing the defamation...

Kerala High Court Directs Department Of Empowerment Of PwD Not To Reject Scholarship Plea Of 75% Visually Impaired Law Student

In an interim order passed on Friday (November 29) the Kerala High Court directed the Department Of Empowerment Of Persons With Disabilities not to reject a scholarship application of a 75 percent visually impaired first-year law student on account of non submission of Unique Disability ID (UDID) details. In doing so the court prima facie noted that the petitioner who is a student at NUALS,...

AFT Should Not Lightly Interfere With Views Of Medical Experts: Kerala High Court On 2008 Rules On Disability Pension For Ex-Army Personnel

The Kerala High Court held that the Armed Forces Tribunal (AFT) should not lightly interfere with the opinion of medical board as to the nature of disability of ex-service personnel in the question of granting disability pension. The Court observed that whether the disability has connection to the personnel's service is a crucial factor for granting pension and it depends upon the opinion of...

[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court

The Kerala High Court held the criteria for the Magistrate to direct any person to give voice sample under Section 349 of BNSS is the satisfaction of the Magistrate that such sample is required for the purpose of investigation.“Under Section 349, the criteria is the satisfaction of the Magistrate that it is expedient to direct any person to provide his voice sample, again, for the purposes...

"Doctors Are Backbone Of Healthcare, Police Officer's Badge Is Symbol Of Trust": Kerala HC On Cross-Allegations By Medical Officer & Circle Inspector

The Kerala High Court has quashed criminal proceedings against a doctor under Section 166B of the IPC, who was accused of showing unwillingness to examine the victim in a child missing case and failing to issue a medical certificate, on finding that the ingredients of the said offence were not made out. The Court however, expressed that enquiry has to be conducted against the doctor and...

Elephant Parading For Temple Festivals Not Essential Religious Practice: Kerala High Court

The Kerala High Court dismissed an application filed by the Cochin Devaswom Board which sought a modification of Court's guidelines requiring a 3 meter distance between two Elephants when parading them for festivals.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P, on applying the essential religious practise Test laid down by the Apex Court in Commr. of Police...