Kerala High Court Quashes Criminal Case Against Film Director Sreekumar Menon Filed By Film Actress

The Kerala High Court quashed the case against film and ad director Sreekumar Menon by prominent Malayalam movie actress. Justice S. Manu found that the offences alleged against him is unsustainable based on the allegations made against the director.The FIR was filed in Thrissur East Police Station and the case was pending before the Judicial First-Class Magistrate Court -I, Thrissur. He was alleged of committing offences under Sections 354 D (stalking), 294(b) (obscene acts and songs), 509...

Subsequent Police Report Not Invalid Merely Because Court's Permission For Further Investigation Was Not Taken: Kerala High Court

While hearing plea to quash an FIR containing allegations of attempt to murder, the Kerala High Court held that an additional or a subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation.In doing so, the high court while emphasizing the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is legally...

Watching Woman Or Capturing Her Images Not Voyeurism U/S 354C IPC Unless In Circumstances Where She Would Expect Privacy: Kerala High Court

The Kerala High Court has held that the offence of voyeurism under Section 354C of IPC will not attract when a woman's photos were clicked by two men, while she was standing in front of her house without any secrecy.Justice A. Badharudeen made it clear that the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under the provision.The explanation to Section 354 C defines 'private act' as an act of watching a private act carried...

Kerala Public Service Commission Not Empowered To Conduct Enquiry To Determine Applicant's Caste Status: High Court

The Kerala High Court has observed that the Kerala Public Service Commission (KPSC) is not empowered to conduct an enquiry to determine an applicant's caste status. The Court stated that KPSC can authorize a competent authority, such as a revenue authority or other issuing authority, to inquire into allegations of fraud or misrepresentation regarding an applicant's caste status.The Division Bench of Justice A.Muhamed Mustaque and Justice P.M. Manoj stated that an affected authority like the...

Kerala High Court Weekly Round-Up: October 28- November 03, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 679-689]Wahabuddin V State Of Kerala & Other Cases, 2024 Livelaw (Ker) 679Celinamol Mathew v State of Kerala, 2024 LiveLaw (Ker) 680Mohan Poovampally Gopal v. Principal Commissioner of Income Tax, 2024 LiveLaw (Ker) 681Elsy Joy v. The Deputy Commissioner Of State Tax, 2024 LiveLaw (Ker) 682Noushad Flourish v Akhila, 2024 LiveLaw (Ker)...

Constitutional Courts Not Equipped To Handle Specific Subjects For Which Specialised Tribunals Are Needed: Kerala High Court

While hearing a challenge to a telecommunication tariff order, the Kerala High Court said that while only the Constitutional Courts possess the power to enforce fundamental rights, an expert body like the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), can exercise judicial review over those fundamental rights.In doing so the high court emphasized on the difference between enforcing of fundamental rights and exercising judicial review concerning those rights. It further said that...

Challenge To Nine-Year-Old Appointment Through New Petitioners Not Possible If Earlier Petitions Were Dismissed For Delay: Kerala High Court

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar dismissed a writ appeal challenging the Single Judge's order that had directed fresh consideration of representations against a professor's appointment. They held that matters settled through earlier Public Interest Litigations cannot be re-agitated through fresh proceedings, even...

Kerala High Court Admits Plea Seeking SOP For Making Appam And Aravana Prasadam In Sabarimala Temple

The Kerala High Court has admitted a plea moved by a devotee of Lord Ayyappa of Sabarimala Temple seeking a direction to the Travancore Devaswom Board to prepare a Standard Operating Procedure developed by an expert body for procurement, quality checking and analysis of the standards set by the Food Safety and Standards Authority of India (FSSAI) for preparing Appam and Aravana prasadam at...

Kerala High Court Monthly Digest- October 2024 [Citations: 608-686]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 608-686]XXX v State of Kerala & Connected Matter, 2024 LiveLaw (Ker) 608N. Bhasurangan v The Assistant Director & Akhiljith J. B. v The Assistant Director, 2024 LiveLaw (Ker) 609E. Sreedharan v State of Kerala and Others, 2024 LiveLaw (Ker) 610Naveed Raza v State of Kerala and Another, 2024 LiveLaw (Ker) 611Vineesh v Raji Radhakrishnan,...

Woman's Partner, His Relatives Can't Be Prosecuted For Cruelty In Absence Of Legal Marriage: Kerala High Court

While quashing a criminal case registered against a man under Section 498A IPC by the complainant wife, the Kerala High Court reiterated that in the absence of records proving legal marriage between the parties, there can be no prosecution for cruelty against the partner of the woman, or his relatives. In the facts of the case, the marriage between the petitioner husband and the de...

Bar On Credit Society Members Contesting Beyond 3 Terms Illegal: Kerala HC Strikes Down S.28 (2A) Of Co-operative Society Amendment Act 2023

The Kerala High Court has declared Section 28 (2A) of the Kerala Co-operative Society Amendment Act, 2023 as illegal, unconstitutional and against the principles of co-operative member control.Section 28 deals with the constitution of the Committee for the management of the affairs of the Society. Section 28 (2A) states that no member of a credit society shall be eligible for election to...

Kerala High Court Issues Notice To Union Minister Suresh Gopi On Plea Challenging Lok Sabha Election Results Over Alleged Corrupt Practises

The Kerala High Court issued notice to Union Minister and actor Suresh Gopi in a petition filed by AIYF Thrissur District President, Binoy A. S. challenging the election of the MP from Thrissur constituency. The petitioner alleged that the actor had indulged in many contempt practices as mentioned under Section 123 of Representation of People Act and therefore the election of the actor is to...