'Distressing And Anti-People': Kerala High Court Criticizes State Govt's Flash Harthal In Wayanad For Additional Funds From Centre

The Kerala High Court today came down heavily on the CPI(M) led LDF government in the State for coming together with Congress-led UDF in opposition to organize a flash Harthal in Wayanad on November 19, to protest Centre's alleged reluctance in granting additional assistance for rehabilitation works post-landslide. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice K V Jayakumar orally remarked that flash harthals are "anti-people" as they affect the life and...

Kerala High Court Dismisses Appeal Against Attachment Of Property Of Police Officer Accused In Custodial Torture Of Advocate

The Kerala High Court on Thursday (21st November) dismissed the appeal filed by a police officer against the attachment of his property in a case of custodial torture of an advocate.As per the allegation, the Circle Inspector of police at Karunagappally station at that time, nurturing some vengeance against the advocate for leading an agitation against him and thereby causing his transfer, along with other officers, took him to Karunagappally Police Station on 5th September 2022 and tortured him...

Disrespect To Constitution By Words, Acts An Offence Under Insults To National Honour Act: Kerala HC Directs Probe Into Saji Cherian's Remarks

While ordering further investigation into the allegedly insulting remarks made by Minister for Fisheries, Culture and Youth Affairs Saji Cherian, the Kerala High Court observed that post the 2003 amendment to Section 2 of Prevention of Insults to National Honour Act, even disrespect shown to the Constitution by words either spoken or written or by acts can amount to conduct falling foul of the Act.For context, Section 2 of the Act declares insults to the Indian National Flag and the Constitution...

Kerala HC Quashes Case Against Goa Governor Sreedharan Pillai Over Remarks On Women's Entry At Sabarimala, Says Speech Wasn't Made In Public

The Kerala High Court quashed a case registered under Section 505 (1)(b) (statements conducing to public mischief) of the IPC against former State BJP President and present Goa Governor P.S. Sreedharan Pillai for allegedly making statements supporting the Thantri's decision to deny entry of women at Sabarimala Temple, against the Apex Court decision in Young Indian Lawyers Association case.Justice P.V.Kunhikrishnan quashed the case against Sreedharan Pillai on finding that he was...

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,...

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...

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...

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...