Husband's Disinterest In Family Life Indicates Failure To Fulfill Marital Duties, Compelling Wife To Adopt Spiritual Lifestyle Is Cruelty: Kerala HC

The Kerala High Court affirmed the decision of a Family Court granting divorce to a wife who alleged that her husband was not interested in having physical relations or children with her due to some superstitious beliefs.The division bench of Justice Devan Ramachandran and Justice M. B. Snehalatha remarked that the husband's disinterest in family life indicates his failure to fulfill his marital duties.“A marriage does not grant one partner the authority to dictate the other spouse's...

Kerala HC Orders Preservation Of CCTV Footage Of Police Station Over Allegations Of Fake NDPS Case Against Mentally Challenged Person

The Kerala High Court has ordered preservation of the CCTV footage in the Cheranelloor Police Station after a 22-year-old mentally challenged person filed a petition before the Court stating that a fake NDPS case was registered against him out of personal rivalry.The petitioner stated that he was bought to the police station by his father after his father received a call from the police...

'Unnecessary Corruption Probe May Blemish Public Servant's Reputation': Kerala HC While Rejecting Plea Against CM Vijayan In CMRL Scam

While dismissing the petition filed by Congress MLA Mathew Kuzhalnadan against Chief Minister Pinarayi Vijayan in the alleged CMRL scam, the Kerala High Court observed that unnecessary corruption investigation into a public servant may cause a blemish on is career or reputation."An unnecessary investigation or an enquiry into an offence under the Prevention of Corruption Act against a...

Appellate Authority Must Consider Prior Judicial Observations When Reconsidering Disciplinary Action: Kerala HC

Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed writ appeals challenging an order that remanded a disciplinary case back to the Appellate Authority for reconsideration. The court held that an Appellate Authority must properly consider prior judicial observations when reconsidering disciplinary action and cannot simply adopt a judicial...

'Indefinite Incarceration Not Necessary': Kerala HC Grants Bail To MS Solutions Founder Shuhaib Booked For Leaking Class 10 Question Paper

The Kerala High Court has granted regular bail to K. Shuhaib, Founder and CEO of M. S. Solutions, booked for leaking State Board Class 10 Question Papers through his YouTube channel.The Court had earlier denied his anticipatory bail plea, stating that leakage of question paper is like cheating a section of students. Shuhaib surrendered on the same day (6th March) and has been in custody...

CMRL Scam: Kerala High Court Rejects Pleas Seeking Probe Into Bribery Allegations Against CM Pinarayi Vijayan, Daughter Veena

The Kerala High Court today (March 28) dismissed two revision petitions challenging the Vigilance Court orders refusing to order probes into corruption allegations against Chief Minister Pinarayi Vijayan, his daughter and other public functionaries of the State.Justice K. Babu ordered, "Criminal revision petitions stand dismissed."The detailed order is awaited.The revision petition was filed...

BNSS & BSA Grant Discretion To Summon, Examine Witnesses Allowing Trial Courts To Determine How To Proceed In PMLA Cases: Kerala High Court

The Kerala High Court has held that Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshiya Adhiniyam (BSA) grant discretion in the manner for summoning and examining witnesses, allowing the Trial Court to determine whether to proceed with the PMLA trial or to keep it in abeyance until the predicate offence trial is concluded.A division bench of Justice A.Muhamed Mustaque and Justice...

PMLA | For Acts Done Prior To Enactment Penalty Follows Only If Proceeds Of Crime Are Utilized, Article 20(1) Is Not Violated: Kerala HC

The Kerala High Court has held that Prevention of Money-Laundering Act, 2002 does not penalize a person for his past actions, but penal consequences only follow when the accused utilizes the proceeds of the crime from past actions for money laundering after the enactment of PMLA and the amendment to its schedule in 2009. The Court thus held that Section 3 of the PMLA criminalizes the act of...

Munambam Land Dispute: Kerala Govt Prefers Appeal Against High Court Order Cancelling Appointment Of Inquiry Commission; Hearing On April 3

The Kerala government has preferred an appeal against High Court's March 17 order cancelling the appointment of an Inquiry Commission set up by the State to resolve the land dispute between residents of Munambam and the Waqf Board.A single judge of the Court had allowed the plea filed by Kerala Waqf Samrakshana Vedhi, a registered society which works for protecting Waqf properties in the...

NDPS Act | Court Need Not Look At Breach Of Mandatory Provisions Of Statute While Deciding Bail Plea: Kerala HC

The Kerala High Court observed that while considering the bail plea of an accused booked under NDPS Act, the concerned court need not look into violation of mandatory provisions of the Act. In doing so it underscored that at the stage of considering bail, only FIR, seizure memo and witness statements recorded by police are before the court based on which a prima facie finding cannot be...

Ragging Menace: Kerala High Court Asks Working Group Constituted To Frame Prevention Rules To Meet And Devise Action Plan

The Kerala High Court on Thursday (27th March) directed the Multidisciplinary Working Group, constituted by the State to fill the lacunae in the Kerala Prohibition of Ragging Act 1998 by suggesting amendments and framing Rules, to hold a preliminary meeting soon and devise its plan of action."According to us, this working group should now hold a preliminary meeting in which further plan of...

Income Tax Act | Order Passed By Commissioner U/S 263 Can't Be Construed As Closed Remand, No Need To Challenge Order Separately: Kerala High Court

The Kerala High Court stated that the order passed by the Commissioner of Appeals under Section 263 of the Income Tax Act cannot be under any circumstances construed as a closed remand and there is no requirement to challenge the order under Section 263 separately. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “In as much as the Commissioner...