Kerala High Court
'Absence Of Free Press The Absence Of Democracy' : Kerala High Court Sets Aside Bail Condition Restricting Online Media From Airing A News
The Kerala High Court has lifted the bail condition imposed by the Sessions Judge on the Managing Editor of YouTube News Channel 'i21 News' to not air any news related to the death of Sri K. P. Yohannan, the former Supreme Head of Believers Eastern Church. He had filed a complaint before the State Police Chief saying that there was foul play behind the death of the Bishop. The Sessions Court has barred the media from airing any news on his death till the complaint before the State Police Chief...
Refusal Of Passport Not Arbitrary If Foreign Travel Not In Public Interest/ May Prejudice India's Friendly Relations: Kerala High Court
The Kerala High Court recently refused to interfere with a Special Court's decision to refuse a 32-year-old man accused of committing human and drug trafficking, permission to travel abroad, adding that the order stands the "test of constitutionality".A single judge bench of Justice K Babu in its order observed, "The genuine apprehension that the presence of a citizen of India in a foreign country is not in the public interest and is likely to prejudice the friendly relations of...
Kerala High Court Directs State To Complete Revalidation Of ₹20 Stamp Papers Within Three Weeks
The Kerala High Court has directed the State government to complete the revalidation process of stamp papers of rupees 20 denomination which are remaining unused in the Treasury within a period of three weeks.The Court also directed the government to make a decision regarding the procurement of six lakh stamp papers of rupees 50 denomination within a period of three weeks which are already printed and stored at the Nasik Central Security Press. The Division Bench comprising Justice Muhamed...
Kerala High Court Quashes FIR U/S 153 IPC Against Jewish Australian Woman Who "Tore" Posters Creating Impression On Palestine-Israel War
The Kerala High Court recently quashed an FIR registered against an Australian woman of Jewish descent booked for provoking rioting under Section 153 IPC for allegedly tearing two posters in Fort Kochi, which had "apparently" created an impression in her mind about the ongoing Palestine-Israel war. For context, Section 153 pertains to wantonly giving provocation, with intent to cause riot and states whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to...
Kerala HC Cautions Parents Against Taking Tender Age Children To Protests For Grabbing Attention, 'Wilful Neglect' Will Attract Strict Action
The Kerala High Court has cautioned parents against the rising "trend" of taking small, tender age children to protests and agitations, merely to grab the attention of authorities.The bench of Justice P.V.Kunhikrishnan said such actions often expose the young lives to extreme temperatures, loud noises, crowds and conflicts- causing them emotional trauma, and therefore held that Police can take action against such parents in case of 'wilful neglect'.“If the law enforcing authority finds that...
Entire TDS Along With Penal Interest Stands Paid By Taxpayer Upon Intimation By I-T Dept.: Kerala HC Quashes Proceedings U/s 276B Of Income Tax Act
The Kerala High Court held that taxpayer cannot be prosecuted u/s 276B of Income tax Act simply because of failure to deduct and pay TDS to the government, once the non-compliance was sorted out and the tax along with penalty was sufficiently deposited to the government, after being informed of the delinquency. As per Section 276B of the Income Tax Act, if a person fails to pay...
CPI(M) Leader MM Lawrence's Body Donation: Daughter Moves Kerala High Court Challenging Decision Of Medical College Principal
Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence has approached the Kerala High Court again aggrieved by the order of the Principal of the Ernakulam Government Medical College hospital for rejecting her objections to conduct the funeral as per Christian rites and rituals.The petitioner had approached the High Court challenging the decision of her siblings and the CPI(M) to donate her father's body to the Ernakulam Government Medical College hospital for education purposes....
Offences Bailable, Kerala HC Closes Akhil Marar's Anticipatory Bail Plea In Case For Discouraging Contributions To CM Disaster Relief Fund
The Kerala High Court has closed the anticipatory bail petition filed by Malayalam film director Akhil Marar on the report of the Public Prosecutor that the offences alleged against him are bailable. Marar is booked under Sections 45 (abetment) & 192 (provocation to cause riot) of Bharatiya Nyaya Sanhita (BNS) and Section 51 (obstruction of officer or refusal to comply with direction) of Disaster Management Act (DMA). The director allegedly posted a video on his Facebook page where he...
Kerala HC Asks Govt About Feasibility Of State-Wide Campaign For Collecting Electronic Waste, 'Extended Producer Responsibility' Of Manufacturers
The Kerala High Court today asked the government about the possibility of conducting a campaign across the State for the collection of electronic waste.The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P orally stated that citizens must be at least given one opportunity to dispose of their electronic waste. The Court thus directed the Special Secretary of the Local Self Government Department, T V Anupama to consider this and to submit a report before the Court. After...
Trial Courts/ Tribunals Must Not Adjourn Cases Based On Oral Submission Of Parties That Matter Is Stayed: Kerala HC Issues Guidelines
The Kerala High Court has directed Trial Courts and Tribunals to not adjourn cases based solely on the oral submission of advocates or parties that the matter has been stayed by the High Court. The Court noted that advocates/parties often claim that there is a stay order from the High Court to adjourn proceedings, when in fact, there is no stay order.Justice P.V.Kunhikrishnan thus stated that Courts or Tribunals must direct parties to submit affidavits if they have not produced the stay...
Tenant Who Hasn't Paid Rent Can't Seek Protection From Eviction : Kerala High Court Issues Guidelines
The Kerala High Court has held that a tenant, who has failed to pay rent, cannot seek protection from the Court against eviction proceedings.Calling it a "disquieting litigative trend", Single bench of Justice C. Jayachandran held that a Landlord is the paramount title holder of the tenanted premises and the tenant's right to occupy the same is wholly dependent on his obligation to pay the rent.It added that allowing a tenant to continue proceedings against eviction will not...
District Judges Face Numerous Challenges, Need HC's Support; Advocates Also Have Expectations From System: Kerala High Court CJ Nitin Jamdar
While speaking at the Full Court reference held to welcome him, the newly appointed Kerala High Court Chief Justice Nitin Madhukar Jamdar drew attention to difficulties faced by State's district judiciary, advocates and the Registry.Justice Jamdar was sworn in as the Kerala High Court CJ yesterday (September 26) and while he expressed gratitude for the opportunity, he also reflected on the upcoming challenges.“This position to me represents not a seat of power, but a call to duty and service. It...