A Judicial officer cannot be penalized for passing erroneous orders: Kerala HC [Read Judgment]
9 years, 1 month ago

A Judicial officer cannot be penalized for passing erroneous orders: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has ruled in P. Sujanapal v State of Kerala & others that except in exceptional circumstances, a judicial officer is protected from legal action of whatever nature for wrong orders rendered by him.A private complaint was filed against the writ petitioner alleging offences punishable under Ss.466, 469, 471 and 500 IPC before the Chief. The Kerala High Court has ruled in P. Sujanapal v State of Kerala & others that except in exceptional circumstances, a judicial officer is protected from legal action of whatever nature for wrong orders rendered by him. Dismissing the Writ Appeal, a bench comprising of Mr Justice Thottathil.B.Radhakrishnan and Mrs Justice Anu Sivaraman held that even under circumstances, where a Judicial officer may pass erroneous orders,in the absence of misuse of such judicial power for personal gains or where the erroneous use of judicial power is shown to be dishonest or mala fide, such an officer is completely immune from consequences ensuing from such orders. Except in these exceptional circumstances, a judicial officer is protected from legal action of whatever nature for wrong orders rendered by him.

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History of this topic

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court
2 weeks, 3 days ago

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

Live Law  

The Kerala High Court observed that an appeal under Section 19 of the Contempt of Court Act will lie only in cases when the order is connected and incidental to the order of punishment for contempt. “Hence, the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, …

Non-Disclosure Of Minor Criminal Cases Which Were Quashed Not Fatal For Appointment To Govt Post: Kerala High Court
1 month, 2 weeks ago

Non-Disclosure Of Minor Criminal Cases Which Were Quashed Not Fatal For Appointment To Govt Post: Kerala High Court

Live Law  

The Kerala High Court observed that every non-disclosure of criminal cases by an individual cannot be regarded as fatal for his appointment to a government post. Court stated, “Non-disclosure of two minor cases, which were later on quashed and closed, one by the High Court and another by paying the fine, would not itself make the petitioner unsuitable for the …

Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation
1 month, 3 weeks ago

Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation

Live Law  

The Kerala High Court stated that showing undue leniency towards a government employee in disciplinary proceedings could undermine the essential discipline required in public service. The governing principles in disciplinary actions aim to strike a balance between two key objectives: affording the employees a fair opportunity to defend their innocence and ensuring that justice is served to the employer as …

Notice to director of prosecutions in contempt case
2 months ago

Notice to director of prosecutions in contempt case

Deccan Chronicle  

Hyderabad: Justice Pulla Karthik of the Telangana High Court ordered notice to the director of prosecutions holding full additional charge for the state and others in a contempt case pertaining to delegation of powers to a junior officer. The judge was dealing with a contempt case filed by P. Manjula Devi alleging wilful disobedience of the orders passed by the …

'Punishment Is Not Disproportionate When Officer Displays Negligent And Irresponsible Conduct', Delhi High Court
2 months, 1 week ago

'Punishment Is Not Disproportionate When Officer Displays Negligent And Irresponsible Conduct', Delhi High Court

Live Law  

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition challenging an order of punishment awarded to the Petitioner for being irresponsible while supervising an area he was assigned. The Disciplinary Authority issued an Order on 21.11.2014 and a punishment of reduction of salary by three stages for three years with cumulative …

Kerala High Court Judges Committee Suspends Judicial Officer Over Allegations Of Misbehaviour With Female Court Employee
2 months, 3 weeks ago

Kerala High Court Judges Committee Suspends Judicial Officer Over Allegations Of Misbehaviour With Female Court Employee

Live Law  

The Kerala High Court has suspended the presiding officer of the Motor Accidents Claims Tribunal, Vadakara over allegations of misbehaviour with a woman court staffer in Kozhikkode. Reportedly, he was transferred to Vadakara after the alleged incident came to light. The decision was taken by the Administrative Committee comprising 4 senior judges of the High Court including the Chief Justice. …

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court
3 months, 3 weeks ago

Not Always Possible To Send Notice Before Making Adverse Remarks Against An Authority: Kerala High Court

Live Law  

The Kerala High Court while dismissing a case for expunging the adverse remarks made against a police officer, observed that such remarks were absolutely necessary to take an appropriate decision in that order. The officer moved the High Court to remove the adverse remarks made against him in the order of the Special Court. The Supreme Court in Niranjan Patnaik …

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
3 months, 3 weeks ago

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

Live Law  

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. "Admittedly, in this case, a complaint is filed before the Chief Minister and before the Director of Pariyaram Medical College, where the 1st …

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises
4 months ago

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises

Live Law  

The Kerala High Court today inquired from the State government as well as the Director General of Police whether there are any orders/ guidelines regulating the conduct of Police officers in court premises. “.we feel it necessary to direct the 1st and 2nd respondents to make available before this Court all such orders, circulars, office memorandums if any that have …

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court
4 months ago

Circular Issued For Police On Protocols To Arrest Accused Beyond State Borders: Tamil Nadu DGP Tells Kerala High Court

Live Law  

The Director General of Police of Tamil Nadu has informed the Kerala High Court that a new circular dated November 13 has been issued outlining detailed guidelines to be followed while making arrests of accused persons outside the state's borders. The Court was hearing a contempt petition alleging violation of the Apex Court guidelines in D K Basu v State …

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court
4 months, 1 week ago

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Live Law  

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In this case, the petitioners had approached the …

Kerala Court Sentences Associate Editor, Staff Reporter Of Mangalam Publication To Imprisonment In Defamation Case By Former Chief Secy
4 months, 2 weeks ago

Kerala Court Sentences Associate Editor, Staff Reporter Of Mangalam Publication To Imprisonment In Defamation Case By Former Chief Secy

Live Law  

The Additional Chief Judicial Magistrate, Ernakulam found R. Ajithkumar, Associate Editor of Mangalam Publication and K. K. Sunil Staff Reporter guilty of defamation under Section 500 of IPC in a defamation case filed by former Kerala State Chief Secretary Tom Jose IAS. The Court sentenced both of them to undergo simple imprisonment for a period of 4 months. Mangalam publications …

Kerala Court Sentences Associate Editor, Staff Reporter Of Mangalam Publication To Imprisonment In Defamation Case By Former Chief Secy
4 months, 2 weeks ago

Kerala Court Sentences Associate Editor, Staff Reporter Of Mangalam Publication To Imprisonment In Defamation Case By Former Chief Secy

Live Law  

The Additional Chief Judicial Magistrate, Ernakulam found R. Ajithkumar, Associate Editor of Mangalam Publication and K. K. Sunil Staff Reporter guilty of defamation under Section 500 of IPC in a defamation case filed by former Kerala State Chief Secretary Tom Jose IAS. The Court sentenced both of them to undergo simple imprisonment for a period of 4 months. Mangalam publications …

Contempt Case: Judge Holds Commissioner Accountable for Violating Court Orders
5 months ago

Contempt Case: Judge Holds Commissioner Accountable for Violating Court Orders

Deccan Chronicle  

Officers who disregard court orders will face punishment, including fines and imprisonment, according to the Telangana High Court. Justice C.V. Bhaskar Reddy made this clear in a contempt case filed by A. Murali Mukund, ex-secretary of the Jubilee Hills Co-operative House Building Society against M. Haritha, commissioner of co-operation and registrar of the co-operative societies. The judge stated that she …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
6 months, 1 week ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel
7 months, 2 weeks ago

Kerala High Court Imposes ₹1 Lakh Cost On Advocate For Filing 'Frivolous' Contempt Petition Against Judicial Officer, Opposing Counsel

Live Law  

The Kerala High Court has imposed an exemplary cost of Rs. The contempt petition was filed alleging that the judicial officer colluded with an advocate and parties in disobeying the directions of the High Court in a case being contested by the contempt applicant. “To hurl allegations of contempt against the lawyer appearing for the plaintiffs, as also, plaintiffs 1 …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Lawyer’s Plea Alleging Police Harassment : Kerala High Court Passes Interim Order Restraining Police
1 year, 4 months ago

Lawyer’s Plea Alleging Police Harassment : Kerala High Court Passes Interim Order Restraining Police

Live Law  

The Kerala High Court issued notice on a petition filed by a lawyer alleging manhandling by police officers earlier this month. Justice N. Nagaresh passed an interim order directing the respondent police officials not to harass the petitioner pending disposal of his plea. The petitioner, who is also an acute heart patient who had undergone Angioplasty, alleged that himself and …

Abusing Police Officer Over Phone Not An Offence U/S 294(b) IPC: Kerala High Court
1 year, 5 months ago

Abusing Police Officer Over Phone Not An Offence U/S 294(b) IPC: Kerala High Court

Live Law  

The Kerala High Court has quashed the criminal proceedings initiated against a 51-yr-old woman accused of threatening and hurling abuses at a police officer over phone, upon finding that the same would not attract the offence under Section 294 of IPC, that she had been charged with.Justice P.V. The Kerala High Court has quashed the criminal proceedings initiated against a …

Accused Cooperative, Can't Impede His Right To Study Abroad Merely Because Police Have Not Submitted Final Report: Kerala High Court
1 year, 5 months ago

Accused Cooperative, Can't Impede His Right To Study Abroad Merely Because Police Have Not Submitted Final Report: Kerala High Court

Live Law  

The Kerala High Court on Thursday granted permission to a person accused of committing the offence punishable under Section 498A IPC, to pursue higher studies in Australia, despite the police not having submitted the final report in the case. Condition stipulated that the petitioner had to appear before the investigating officer every Saturday till the filing of the final report, …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 5 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials
1 year, 6 months ago

"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials

Live Law  

The Kerala High Court yesterday upheld the order of a Magistrate dismissing a vexatious compliant filed against 48 high ranking bureaucrats and police officials of the State. On an appreciation of the circumstances arising in the case, this Court is of the view that the learned Magistrate was justified in dismissing the complaint, nipping off, at the threshold itself, a …

Andhra Pradesh High Court Sentences IAS Officer To Two Weeks Imprisonment For Willful Defiance Of Court Orders
1 year, 8 months ago

Andhra Pradesh High Court Sentences IAS Officer To Two Weeks Imprisonment For Willful Defiance Of Court Orders

Live Law  

The Andhra Pradesh High Court has sentenced IAS officer Praveen Kumar, who was the Collector of Visakhapatnam in 2017, and ordered him to pay a fine of Rs 2000 for wilful defiance of court orders. Subrahmanyam, counsel for the petitioner, contented that despite his right being identified and upheld by the High Court on two different occasions, the Collector had …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 11 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Contempt Case: Kerala High Court Directs Issuance Of Non-Bailable Warrant For Arrest Of 'V4 Kochi' President Nipun Cherian
2 years, 1 month ago

Contempt Case: Kerala High Court Directs Issuance Of Non-Bailable Warrant For Arrest Of 'V4 Kochi' President Nipun Cherian

Live Law  

The Kerala High Court on Tuesday directed the issuance of a non-bailable warrant to the District Police Chief, Ernakulam, for the arrest and production of 'V4 Kochi' President Nipun Cherian, against whom a contempt case has been initiated by the court for his statements against a sitting judge of Kerala High Court. Their restraint stems from the nobility that they …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
2 years, 1 month ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
2 years, 1 month ago

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Live Law  

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A …

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court
2 years, 2 months ago

Punishment Imposed By Disciplinary Authority Can Be Interfered With Only If It Is 'Strikingly Disproportionate' : Supreme Court

Live Law  

The Supreme Court observed that, in excercise of the power of judicial review, the punishment imposed by disciplinary proceedings can be interfered with only if it is 'strikingly disproportionate'.Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing. The misconduct …

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case
2 years, 3 months ago

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case

Live Law  

The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate at Amini island in Lakshadweep, asking him to explain why disciplinary proceedings should not be recommended against him for allegedly manipulating evidence of a witness in a 2015 case.Justice P.V. The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate …

Judicial Strictures Must Be Passed With Utmost Circumspection, Criticism May Have Devastating Effect On Professional Career Of Officers: Delhi High Court
2 years, 3 months ago

Judicial Strictures Must Be Passed With Utmost Circumspection, Criticism May Have Devastating Effect On Professional Career Of Officers: Delhi High Court

Live Law  

Emphasizing that judicial strictures need to be passed with utmost circumspection, the Delhi High Court on Tuesday observed that such orders are bound to have an "everlasting affect" on the reputation of the person against whom such remarks are made. Observing that every word forming part of a judicial order forms a permanent record, Justice Swarana Kanta Sharma said that …

It Is For Principal To Raise Before Police Any Law & Order Situation In College: Kerala High Court Denies Protection To Part-Time Lecturer
2 years, 4 months ago

It Is For Principal To Raise Before Police Any Law & Order Situation In College: Kerala High Court Denies Protection To Part-Time Lecturer

Live Law  

The Kerala High Court on Tuesday refused to grant police protection to a part time lecturer at St. Thomas College, Kozhencherry, who pleaded that he was being harassed and threatened by members of the Students Federation of India, following what he claimed to be a "frivolous complaint" filed against him for questioning the unauthorized absence of two girls in his …

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case
2 years, 5 months ago

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case

Live Law  

Cancelling author and social activist Civic Chandran's anticipatory bail in a sexual harassment case, the Kerala High Court on Thursday directed him to surrender before the Investigating Officer within seven days for subjecting himself for interrogation.Justice A. Badharudeen while allowing the petitions moved by the victim and the Government against the grant of anticipatory bail to Chandran. Cancelling author and …

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC
2 years, 5 months ago

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC

Live Law  

The Kerala High Court on Monday held that the decision as to whether a particular case where compulsory retirement is imposed warrants reduction in pension or gratuity or both is to be specifically considered by the authority imposing the punishment, at the time of such imposition itself.Justice Anu Sivaraman, while holding so, observed that if the same was not done, …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 7 months ago

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

Live Law  

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned …

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court
2 years, 11 months ago

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

Live Law  

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The Delhi High Court has observed that it is undesirable for …

Municipality Secretary Arrested & Produced Before Kerala High Court For Repeatedly Failing To Appear In Contempt Case
2 years, 11 months ago

Municipality Secretary Arrested & Produced Before Kerala High Court For Repeatedly Failing To Appear In Contempt Case

Live Law  

Pathanamthitta Municipal Corporation Secretary Sherla Beegam was arrested and produced before the Kerala High Court on Wednesday in a contempt case for her failure to appear before the court despite being summoned several times. Kunhikrishnan asked her not to repeat this behaviour in the future and to seek an appeal or review if she was not content with the order …

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea
3 years, 2 months ago

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea

Live Law  

The Kerala High Court on Tuesday directed the State Police Chief to enquire into the allegations raised by actor Dileep that the media was flouting the trial court's order restricting the publication of matters related to the 2017 actor assault case till the conclusion of the trial.Justice Kauser Edappagath remarked that the allegations if found to be true, should be …

Kerala High Court Orders Appearance Of Ex-Judicial Officer S Sudeep Over FB Post Criticizing Orders In Fake Antique Dealer Case
3 years, 3 months ago

Kerala High Court Orders Appearance Of Ex-Judicial Officer S Sudeep Over FB Post Criticizing Orders In Fake Antique Dealer Case

Live Law  

The Kerala High Court on Friday took note of a post allegedly uploaded on the Facebook handle of a former judicial officer S. Sudeep, which attacked the orders passed by it in the infamous fake antique dealer Monson Mavunkal's case. The Facebook post had allegedly ridiculed the Judge for the approach taken in the case and had expressed particular objection …

Delhi Court Imposes 10K Cost On Frivolous Litigant Accusing Judge Of Threatening With Judicial Powers
3 years, 4 months ago

Delhi Court Imposes 10K Cost On Frivolous Litigant Accusing Judge Of Threatening With Judicial Powers

Live Law  

A Delhi Court has imposed Rs. The petitioner however submitted that he had opted not to explicitly incorporate the comments made by the concerned Judicial Officer in the petition "out of decency and in order to uphold majesty of court" and had left the same as blank. "It is quite unfortunate that on the very first date when this petition …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

'Horrendously Shocking': Kerala High Court Comes Down Heavily On The Police For Inhuman Treatment Of Citizen
3 years, 5 months ago

'Horrendously Shocking': Kerala High Court Comes Down Heavily On The Police For Inhuman Treatment Of Citizen

Live Law  

The Kerala High Court on Monday came down heavily on the horrific acts on the part of two Kerala police officers who were accused of subjecting an ordinary citizen to unimaginable brutality.Justice Devan Ramachandran was outraged at the actions of two police officers who had allegedly handcuffed, chained and registered several cases against a man who had come to the …

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case
3 years, 5 months ago

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case

Live Law  

The Kerala High Court on Friday issued notice to the State on a petition challenging the Government Order directing to withdraw the suspension of certain officers in the Excise Department who were accused in a custodial death case.Justice PV Kunhikrishnan issued notice in a plea moved by wife of the deceased, Renjith Kumar; he died in Excise custody two years …

Kerala High Court Orders Police Protection For Municipal Chairperson After Alleged Abuse By Political Rivals
3 years, 6 months ago

Kerala High Court Orders Police Protection For Municipal Chairperson After Alleged Abuse By Political Rivals

Live Law  

The Kerala High Court on Thursday directed the police to protect the Chairperson of the Thrikkakara Municipality Ajitha Thankappan from any threat from any source.Justice Devan Ramachandran said an interim direction was required to be issued as the petitioner was the elected chairperson. The Kerala High Court on Thursday directed the police to protect the Chairperson of the Thrikkakara Municipality …

Are Petitions Alleging Judicial Misconduct Maintainable? Kerala High Court To Decide
3 years, 6 months ago

Are Petitions Alleging Judicial Misconduct Maintainable? Kerala High Court To Decide

Live Law  

The Kerala High Court on Thursday inquired as to the maintainability of two petitions alleging judicial misconduct against one of its sitting judges and two of its retired judges in light of their orders in the Maradu flats demolition issue. Justice P.B Suresh Kumar while condemning the petitions orally remarked:"If the Court entertains writ petitions like these, how will judges …

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea
3 years, 7 months ago

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea

The Hindu  

The Left Democratic Front government in Kerala faced an embarrassing setback on July 28 when the Supreme Court ruled against its appeal to withdraw the criminal prosecution case against six former LDF legislators accused of destruction of property and vandalism in the State Assembly on March 13, 2015. The Supreme Court also disallowed the government’s appeal and reaffirmed that legislators …

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court
3 years, 9 months ago

Criminal Proceedings Not To Be Initiated Against A Public Servant For Passing A Wrong Order Without Evidence Of Extraneous Considerations: Kerala High Court

Live Law  

The Kerala High Court recently ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by him for extraneous considerations or on oblique motives. The question that came up in the Court was whether a public …

Kerala HC stays Lakshadweep admin order to APP to complete legal work in govt depts
3 years, 9 months ago

Kerala HC stays Lakshadweep admin order to APP to complete legal work in govt depts

Deccan Chronicle  

Kochi: The Kerala High Court on Tuesday stayed an order of the Lakshadweep island administration, directing the Assistant Public Prosecutor to attend pending legal works of various government departments, instead of posting them in the courts there. The high court granted the stay on a PIL by Mohammed Saleem, challenging the directive of an Additional District Magistrate in Lakshadweep to …

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment
4 years, 2 months ago

Publication Of Court Order No Violation Of Right To Privacy : Indian Kanoon Opposes Plea In Kerala HC To Remove Personal Details From Reported Judgment

Live Law  

"Law allows the publication of matters which are "public records", including court records and orders of courts/tribunals," said legal search engine Indian Kanoon in a counter-affidavit filed before the Kerala High Court in response to a writ petition seeking removal of the name/ personal details of the Petitioner. Right To Be Forgotten: Kerala HC Admits Plea For Removal Of Personal …

Arrest of Kerala Journalist, 3 Others: Case Transferred to Additional District and Sessions Judge
4 years, 2 months ago

Arrest of Kerala Journalist, 3 Others: Case Transferred to Additional District and Sessions Judge

News 18  

The Additional District and Sessions Judge-I of Mathura will now hear the case involving Kerala journalist Siddique Kappan and three others, with a court here holding that the Chief Judicial Magistrate was not competent to hear the matter and order remand of the accused. to the court of the Additional District and Sessions Judge-I immediately,” according to an order passed …

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