Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. Justice P. V. Kunhikrishnan in its order said that the fourth exception to Section 499 IPC says that, it is not defamation to publish a substantially true report of the proceedings of a court of justice or of the result of any such proceedings."Admittedly, in this case, a...

Not Considering Income Tax Assessee's Request For Personal Hearing Violates Natural Justice: Kerala High Court

The Kerala High Court held that the income tax authorities, by not considering a request for personal hearing has violated the principles of natural justice. Justice K. Babu observed that due to this violation, the orders passed without considering the assessee's request is bound to be set aside.“The adherence to principles of natural justice as recognized by all civilized States is of supreme importance when a competent statutory authority embarks on an action involving civil consequences. The...

'Inordinate Delay In Registering FIR', Kerala High Court Grants Anticipatory Bail To Malayalam Actor Baburaj In Sexual Harassment Case

The Kerala High Court has allowed the anticipatory bail application moved by Malayalam film actor Baburaj in connection with allegations of sexual harassment that came to light following the Hema Committee report, with stringent conditions. The Court has directed actor Baburaj to surrender before the Investigating officer in ten days.The crime was registered against him at the Adimali police station in Idukki alleging rape and sexual harassment between January 01, 2018 to December 31,...

Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants

The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason.In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of Kerala Administrative Tribunal upholding his right to promotion since 2003. The Division Bench of Justice A.Muhamed Mustaque and Justice P. M. Manoj...

For 'Recruitment By Transfer', Condition Prescribed In Notification Must Be Scrupulously Followed Until Appointment: Kerala High Court

While hearing a plea against the rejection of a man's candidature to the post of a typist on account of his promotion prior to recruitment to the post, the Kerala High Court said that 'recruitment by transfer' under the relevant rules requires that the condition prescribed in the concerned recruitment notification is scrupulously followed till appointment is effected.It observed that when...

Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor

While permitting a 16-year-old school going girl to terminate her over 26-week-pregnancy, the Kerala High Court said that the mental trauma undergone by the minor girl who had been stated to be subjected to "repeated sexual assault", cannot be an irrelevant consideration.In doing so the court allowed an appeal by the survivor's mother challenging a single judge's order which had rejected...

Registry To Obtain 'Administrative Order' From Chief Justice For Listing Cases Deviating From Roster: Kerala High Court

The Kerala High Court has said that its Registry will seek "administrative orders" from Chief Justice if it receives any judicial orders to connect cases from a different roster without any assigned specific reason or without a direction to obtain permission from the Chief Justice. The court was hearing a suo motu matter under the Judicial Practice and Procedure roster. The Registry had...

Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court

The Kerala High Court stated that the department cannot reopen an assessment that has already been settled by issuing a fresh notice if the period of limitation had expired before the date of the amendment extending the timeline for reopening.The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “…….no doubt, in those cases where the erstwhile period...

Retired Doctor Moves Kerala High Court To Appoint A Custodian For Her Living Will

A retired doctor recently moved the Kerala High Court seeking a custodian for her living will. A living will contains instructions about the medical treatment to be administered in future when the person is terminally ill or no longer able to give informed consent. The matter came before Justice Gopinath P.As per the procedure laid down by Supreme Court, the living will shall be handed over to...

Are Government Pleaders Gazetted Officers? Kerala High Court Asks Govt To Clarify

The Kerala High Court has asked the government to issue a notification or instruction clarifying whether Government Pleaders, Senior Government Pleaders, and Special Government Pleaders are Gazetted Officers within one month.Justice Gopinath P. was considering a writ petition filed by an Indian woman who wanted to marry an American citizen and her application submitted under the Special...

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay

The Kerala High Court stated that the medical condition cited by the assessee is not sufficient grounds to justify condoning a four-year delay in filing the appeal.The Bench of Justice Gopinath P. observed that “the assessee has not made out any ground for grant of relief in the writ petition. Admittedly, the assessee filed appeals against the orders only in the month of February 2024...

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. The court underscored that where the offence complained is...