[NDPS Act] Registration Of Second Crime Need Not Automatically Result In Cancellation Of Bail, Court Must Undertake Summary Enquiry: Kerala HC

The Kerala High Court set aside the order of a Special Court cancelling the bail of an NDPS accused for involvement in a subsequent crime saying that the Special Court cancelled the bail mechanically and without considering the materials connected with the subsequent crime.One of the conditions imposed on the accused while granting bail was that he should not commit any crime while on bail. The Special Court cancelled the bail noting that the accused was involved in another crime and violated...

'Thulasithara Sacred For Hindus' : Kerala High Court Directs Police To Take Action Against Man Who Put Pubic Hair In Tulsi

The Kerala High Court stated that appropriate action must be taken against a person accused of plucking hair from his private parts and putting it in Thulasithara. The Court observed that Thulasithara is a sacred place for Hindu religion and that his actions would affect the sentiments of Hindus.Justice P.V.Kunhikrishnan observed that no action was taken against the accused, Abdul Hakkim and that no case was also registered against him. “Thulasithara” is a sacred place as far as Hindu...

'Consortium' Is A Fundamental Aspect Of Marriage: Kerala High Court Denies Maintenance To Wife Who Left Husband Without Sufficient Cause

The Kerala High Court stated that a wife who leaves her husband and chooses to live separately without any justifiable reason is disentitled to claim maintenance under Section 125 of CrPC.The Court emphasized that right to each other's society, comfort and affection, commonly known as consortium is a fundamental aspect of marriage. It further stated that when either spouse withdraws from society of the other, it constitutes a withdrawal from the marital obligations. Justice Kauser Edappagath...

Vehicles Registered As Goods Carriage Vehicles Can't Be Classified Under Different Head For Demanding One-Time Tax: Kerala High Court

The Kerala High Court stated that vehicles registered as goods carriage vehicles, could not be classified under a different head for the purposes of demanding one-time tax under the second proviso to Section 3(1) of the Kerala Motor Vehicles Taxation Act. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. stated that “the department cannot alter their stand and classify the vehicles separately for the purposes of levy of one- time tax to the Kerala Motor Vehicles...

Kerala High Court Asks State To File Draft Composition Of 'Working Group' Which Will Formulate Rules To Curb Ragging

The Kerala High Court on Wednesday (19th March) asked the State government to file within one week, a draft composition of the working group that is proposed to frame comprehensive Rules to curb the rising menace of ragging in the State.Special Bench comprising Chief Justice Nitin Jamdar and Justice C. Jayachandran had earlier observed that a stronger statutory mechanism is needed to arrest ragging activities. It had thus directed the State to constitute a multidisciplinary working group...

Kerala High Court Orally Flags Influential Accused Securing Bail On Health Grounds, Calls It 'Medical Tourism'

While hearing the bail plea of KN Anand Kumar, founder of National NGO's Confederation and accused in CSR Funds Scam, the Kerala High Court flagged the rise in cases of influential accused securing bail on medical grounds.Kumar is in judicial custody at hospital due to cardiac problems and has sought bail on medical grounds. Last week, Justice P. V. Kunhikrishnan had asked the State to get instructions in the matter.As the matter came up for hearing today, the Judge orally remarked,“I will not...

Kerala High Court Dismisses Plea For Further Probe Into Swami Saswathikananda's Death, Says Investigations Confirm Accidental Drowning

The Kerala High Court has dismissed a petition seeking further investigation under the supervision of an officer not below the rank of Inspector General into the death of Swami Saswathikananda.Swami Saswathikananda was discovered dead at the bathing ghat on the banks of the Periyar river on the morning of July 01, 2002. Justice Kauser Edappagath noted that investigation into the death of...

Quashing Of Drunken Driving Charge U/S 185 MV Act Doesn't Nullify Prosecution Initiated U/S 279 IPC For Rash Driving: Kerala High Court

The Kerala High Court has allowed continuation of prosecution against an alleged offender under Section 279 of the IPC for rash and negligent driving, even while quashing proceedings against him under 185 of the Motor Vehicles Act for drunken driving due to non-compliance of procedural requirements.Justice G. Girish observed that Section 297 of IPC and Section 185 of the MV Act are...

[S.197 CrPC] Want Of Sanction For Prosecution Extended To Members Of Kerala Police Entrusted With 'Maintenance Of Public Order': Kerala HC

The Kerala High Court has held that sanction is required to prosecute members of Kerala Police who are responsible for maintaining public order. The Court also relied upon Sarojini v Prasannan (1996) to clarify that maintenance of public order is a subset of law and order.Notably, Section 197 of CrPC protects judges and public servants from false, vexatious or malafide prosecution. Section...

Kerala High Court Extends Restrictions On Construction Activities In Munnar To Parunthumpara, Manjumala Villages Of Idukki District

The Kerala High Court has barred construction activities in Manjummala and Parunthampara villages of State's Idukki district, without first obtaining a No Objection Certificate from the Revenue Department and building permit from the concerned Local Self Government Institution. The direction will not be applicable to cases in which orders have already been passed by the High Court or...

No Political Songs At Temple Festivals, Says Kerala High Court After Row Over DYFI Revolutionary Songs At Temple Fest

The Kerala High Court ordered the Travancore Devaswom Board to ensure that no activities are permitted in Temple premises which affects its sanctity during annual Temple festivals or other festivals. The Court passed the above order in a writ petition filed aggrieved by performance of revolutionary songs of Democratic Youth Federation of India (DYFI), which is the youth wing of CPI (M), ...

Authorities Should Not Insist On Strict Evidence For Issuing Birth Certificate, Must Adopt Lenient Approach: Kerala High Court

The Kerala High Court recently observed that authorities should take a lenient approach while issuing birth certificate and not insist on strict evidence. In doing so the court quashed a letter issued by the Secretary Mayyanad Grama Panchayat to the parents of a child, rejecting their application for issuance of birth certificate on the ground that an inquiry revealed that no evidence was...

Kasargod Teen's Death: Kerala HC Asks If Murder Angle Was Probed, Proposes To Issue Guidelines For Investigating Missing Minor Girls Cases

The Kerala High Court on Tuesday (March 18) orally enquired whether the possibility of murder has been considered in the disappearance and death of the 15-year old girl child from Kasargod.While dealing with the mother's habeas corpus plea alleging police inaction in the matter, a Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha orally observed: “This is not a...

Violence In Visual Media May Have Undesirable Effect On People But Has To Be Tested On Touchstone Of Free Speech: Kerala High Court Remarks

The Kerala High Court on Tuesday (March 18) orally observed that depiction of violence in visual media can have an undesirable effect on people however, to what extent it can be shown has to be ascertained keeping in mind the right to freedom of speech and expression. A division bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha said,“Violence in visual media can have...

Original Printout From Breathalyzer Machine Mandatory, Type Written Report Not Admissible In Evidence To Prove Drunken Driving: Kerala HC

The Kerala High Court recently ruled that original printout obtained from the equipment after a breathalyzer test under Section 203 of the Motor Vehicles Act is admissible as evidence to establish drunken driving under Section 185 of the Act.It is to be noted that breathalyzer test is used to measure breath alcohol content. Justice V.G. Arun stated that typewritten copy prepared by the...

Kerala High Court Relaxes Dress Code For Advocates During Summer

The Kerala High Court administrative committee have allowed relaxations in the dress code after receiving a representation from the Kerala High Court Advocates Association. The Association had requested for dispensing with the dress code by taking into account the rising heat in the summer.The order said that the advocates appearing in the district court can wear a white shirt with the band....

Needless Deterrent Action Against Complainants Will Discourage Them From Bringing Grievances Against Public Authorities Before Lok Ayukta: Kerala HC

The Kerala High Court observed that needlessly taking deterrent actions against complainants under Section 21 of the Kerala Lok Ayukta Act for filing complaints against public authorities could discourage individuals from bringing their grievances before the Lok Ayukta.In the facts of the case, the petitioner filed a complaint alleging financial misdemeanour and illegal accumulation of...

Burden Is On Assessee To Show Entitlement For Capital Gains Tax Exemption On Sale Of Agricultural Land: Kerala High Court

The Kerala High Court stated that burden of proof is on assessee to prove that he is entitled to capital gains tax exemption on sale of agricultural land. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “it is significant in this regard to observe that the claim of the assessee, being for exemption from the levy of income tax as applicable...

Kerala High Court Seeks Centre's Stand On Athlete Vismaya V K's Plea Against Denial Of Exemption In Doping Test

The Kerala High Court on Thursday (March 13) sought Centre's response to a petition filed by athlete and 2018 Asian Games Gold Medalist Vismaya V. K. against the denial of exemption given to her in doping test. The petition was considered by Justice C. S. Dias.The athlete failed the doping test conducted in August 2024. She submitted before the Court that prohibited substance was found in...

[General Clauses Act] Irrespective Of Number Of Days, Expiry Period Of 1-Month Should Be Based On Corresponding Date In Following Month: Kerala HC

The Kerala High Court held that irrespective of the number of days in a month or months, the expiration of one month should be determined by identifying the corresponding date in the following month.The Court clarified that if period of a month starts on January 15, one month would expire on February 15 even if this results in a duration of 32 days. Similarly, Court stated if the period of...