Kerala High Court
Rape Committed In Oman But Genesis Of Crime In India? Kerala High Court Says Centre's Sanction U/S 188 CrPC Not Required For Trial
The Kerala High Court has directed the Trial Court to proceed with the trial against the petitioner who allegedly cheated, defrauded and had forceful sexual intercourse with a woman after taking her to Muscat, Oman by offering her a job at his house.The Court referred to the Apex Court judgment in Sartaj Khan v. State of Uttarakhand (2022), wherein it was laid down that there was no necessity of any sanction if a part of the offence was committed in India. After analyzing the facts of the...
Kerala HC Directs Family Court To Conduct Joint Trial Of Plea To Recover Past Maintenance And Miscellaneous Case Claiming Future Maintenance
The Kerala High Court has directed a Family Court to conduct joint trial of an Original Petition (OP) and Miscellaneous Case (MC) filed under Section 125 of CrPC seeking maintenance.The petitioner/husband had approached the High Court against the dismissal of his joint trial application of an OP and MC by the Family Court. The Division Bench comprising Justice Devan Ramachandran and Justice C Pratheep Kumar observed that join trial would save judicial time and energy. “Therefore, with...
Sanitation Worker Swept To Death While Cleaning Aamayizhanchan Canal: Kerala High Court Says Incident Should Serve As An Eye-Opener
The Kerala High Court has commended the bravery of persons who engaged in the rescue operation of Joy, the sanitation worker who died after being swept off by rains while cleaning the part of Aamayizhanchan canal near Trivandrum Central Station. The Court noted that the workers had to conduct the rescue operations in very unhygienic conditions. The canal is blocked with huge quantities of waste. The Court remarked that the loss of life is extremely saddening.Justice Devan Ramachandran observed...
[Masala Bonds Case] Dr Thomas Isaac Aware Of Utilization Of KIIFB Funds, 'Prime Person' To Collect Information From: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that Former Finance Minister Dr Thomas Isaac who was the Vice Chairman of the KIIFB General Committee as well as the Chairman of the Executive Committee had the knowledge and awareness and he was a prime person to collect information from regarding utilization of funds.Justice T R Ravi was considering two separate writ petitions filed by KIIFB and Dr Isaac challenging the summons issued against them by the ED in...
Not Taken Any Coercive Steps Against CMRL Officials, No Criminal Prosecution Has Commenced: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that they have not taken any coercive steps against the officials of Cochin Minerals and Rutile Ltd (CMRL) and that no criminal prosecution has been commenced so far.The officials of CMRL were being summoned by the ED to enquire about the allegations of committing cognizable offences under the Prevention of Money Laundering Act, 2002 by cheating and misappropriating large amounts of public money. Justice T R Ravi heard...
Can Magistrate Take Cognizance Of Private Complaint & Order Probe When Sanction U/S 19 Of PC Act Is Required? Kerala HC Refers To Larger Bench
The Kerala High Court has referred to a larger bench the question of whether the Supreme Court's decision in Anil Kumar v M. K. Aiyappa and Another (2013) is still a valid precedent considering the subsequent judgment made by the Supreme Court in Jayant and Others v State of Madhya Pradesh (2020).The decisions vary on whether the Magistrate can take cognizance of a private complaint and...
Consensual Sexual Intercourse Without An Element Of 'Misconception Of Fact' Not Rape: Kerala High Court Reiterates
The Kerala High Court recently quashed the criminal proceedings initiated against a man accused of raping a woman on finding that the sexual intercourse was voluntary and not an outcome of misconception of fact.In this case, the complainant alleged that the petitioner who was a tempo van driver subjected her to rape in 2005, 2011, 2015 and 2016. Justice A. Badharudeen observed that no...
SAD Refunds Can't Be Denied For Taking Away Facility Of Re-Crediting DEPB Scrips: Kerala High Court
The Kerala High Court has held that if the appellant/assessee satisfies the conditions in Notification No.102/2007-Cus dated 14.09.2007 for the purposes of refund of the 4% Special Additional Duty (SAD), then merely because the facility of re-crediting the Duty Entitlement Pass Book (DEPB) scrips has been taken away, the refund that the appellant is entitled to by virtue of the...
Long Term Finance Provided For Purchase Of Residential House, Bank Entitled For Deduction ; Kerala High Court
The Kerala High Court has held that the South Indian Bank is entitled to the deduction envisaged under Section 36(1)(viii) of the Income Tax Act in respect of the long-term finance provided by it for the construction and purchase of houses in India for residential purposes.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that a view has been expressed...
Disallowance Operate Against Erring Employer Assessee When Employees' Contribution To EPF/ESI Not Made Within Due Date: Kerala High Court
The Kerala High Court has held that the disallowance operates against erring employer assessee when employees' contribution to EPF/ESI not made within the due date.The bench of Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that where the employees' contribution to EPF/ESI was not made over by the employer to the statutory authorities within the due date prescribed...
Press Exempted From Prosecution For 'Sting Operation' Done To Uncover Truth & Inform Public Without Maladies : Kerala High Court
The Kerala High Court laid down that Freedom of the Press may not include Sting Operations in all cases, but Sting Operations conducted by recognized media persons have to be considered differently, given their crucial role as the Fourth Estate in a democracy. It stated that the Court should assess whether the Sting Operation was carried out with bonafide intention to uncover the truth...
Assessment Order Downloaded From Common Portal Amounts To A Valid Service: Kerala High Court
The Kerala High Court has held that the assessment order downloaded from the common portal amounts to a valid service.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has upheld the decision of the Single Bench in which it was held that the petitioner had downloaded the assessment order from the very same portal, and therefore, the delay occasioned in retrieving...