Physical Contact With Sexual Intent Without Penetration Is Sexual Assault U/S 7 POCSO Act: Kerala High Court

The Kerala High Court has held that any overt act which involves a physical contact with sexual intent constitutes 'sexual assault', even if there is no penetration. Justice A. Badharudeen noted that under Section 7 of POCSO Act, which defines 'sexual assault', includes within its ambit any other act which involves physical contact with sexual intent.The prosecution case was that the accused, who is a teacher, took a child studying in 1st standard to staff room and asked him to lay on his body....

Kerala High Court Asks Pollution Control Board To Formulate Permanent Plan Of Action To Prevent Unregistered Manufacturers Of Plasticware

The Kerala High Court has called upon the Pollution Control Board to come up with a 'permanent plan of action' to ensure that producers and manufacturers of plastic cups, plates, covers and other products do not carry their business in violation of the provisions of the Plastic Waste Management Rules of 2016.The Division Bench of Chief Justice Nitin Jamdar and Justice S.Manu stated that continuous monitoring is required in the matter, which will have to be done by the Pollution Control...

WCC Moves Kerala High Court Seeking Guidelines To Regulate Malayalam Film Industry, Interim Enforcement Of 'Cinema Code Of Conduct'

The Kerala High Court today admitted a petition moved by Women In Cinema Collective (WCC) for formulation of guidelines for regulating the Malayalam Film Industry, until the Government enacts special legislation in this regard.The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, hearing the matters relating to Justice Hema Committee Report has directed the State Government to file its counter. WCC is a registered society comprising women from the...

Waving Black Flag To A Person Neither Defamation Nor An Illegal Act: Kerala High Court Quashes Case For Protesting Chief Minister's Convoy

The Kerala High Court has stated that showing or waving a black flag at a person cannot be perceived as a defamatory or illegal act to attract an offence under Section 499 of the IPC. The Court further stated that even if a flag of any colour is displayed as a form of protest, it cannot be regarded as defamation in the absence of any law prohibiting such an act.In the facts of the case, the petitioners were accused of waving a black flag at the convoy of the Chief Minister on April 09,...

Kerala High Court Orders Crime Branch Probe Into State Minister Saji Cherian's Alleged Remarks Disrespecting Constitution

The Kerala High Court has ordered investigation by crime branch into the alleged insulting remarks made against the Constitution by State's Minister for Fisheries, Culture and Youth Affairs, Saji Cherian. Justice Bechu Kurian Thomas ordered thus in a petition moved by a lawyer against the police closing investigation against the Minister.Reportedly, Saji Cherian in a speech in July 2022 made remarks like the Constitution is used to exploit commoners. The plea alleges that the Minister committed...

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case

While deciding a review petition pertaining to a custody dispute, the Kerala High Court said that a party is not estopped when the error is committed by the court itself. A division bench of Justice P. B. Suresh Kumar and Justice C. Pratheep Kumar underscored that the court has a duty to correct its own mistake. It said:“As noticed, the order sought to be reviewed is vitiated by a patent error on the face of the record. Every order of custody, whether interim or permanent,...

Income From Sale Of Immovable Properties To Be Treated As 'Capital Gains,' Not 'Business Income': Kerala High Court

The Kerala High Court has stated that income from the sale of immovable properties is to be treated as 'capital gains,' not 'business income' for taxation purposes. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the requirement of ensuring uniformity and consistency in tax assessments cannot be overlooked, especially while categorizing...

Integrating Categories And Fixing Seniority Based On Special Rules Is A Policy Decision, Not Court's Domain To Rectify Anomalies: Kerala HC

The Kerala High Court held that integrating categories and giving seniority based on Kerala General Subordinate Service Posts in the Rural Development Department (Amendment) Special Rules of 2008 is a policy decision and any anomaly in it would be beyond Court's domain for rectification.The challenge is against the integrated seniority list which was prepared by considering the date of...

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises

The Kerala High Court today inquired from the State government as well as the Director General of Police whether there are any orders/ guidelines regulating the conduct of Police officers in court premises.“...we feel it necessary to direct the 1st and 2nd respondents to make available before this Court all such orders, circulars, office memorandums if any that have been issued to the...

Port Trust Can Regulate Movement Of Vessels, Boats And Other Watercrafts Within Port Waters But Must Adhere To Natural Justice: Kerala HC

The Kerala High Court has held that the Port Trust Authority is empowered to take decisions regarding movement of vessels, boats, watercrafts within port waters to ensure the safety and security of passengers and watercraft. The Court was considering challenge against an order of the Deputy Conservator of the Port Trust, which mandated the closure of a fuel bunk jetty. The closure was...

Religious/Customary Marriage Has 'Colour Of Legal Marriage', Woman Can Seek Protection Against Cruelty U/S 498A IPC: Kerala High Court

The Kerala High Court has held that a woman can seek protection against matrimonial cruelty under Section 498A of the Indian Penal Code when there is either "religious or customary" marriage between the parties which has the "colour of legal marriage", even if such marriage was later found to be invalid under law.In the facts of the case, the husband and in-laws, accused of committing...

Sabarimala Darshan: Kerala High Court Reinforces Ban On Modifications And Distraction On Vehicles Carrying Pilgrims

Following accidents of two vehicles carrying pilgrims on the Sabarimala route, the Kerala High Court has directed the Police and Motor Vehicle Department to ensure that the vehicles carrying Sabarimala pilgrimage strictly comply with its direction prohibiting modifications and unauthorized fittings in vehicles.On November 17, a KSRTC bus deployed in the Nilakkal Pampa chain service caught...