Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 1 month ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations contained. The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant. As per Section 15 of Essential Commodities Act, no court can take cognizance against a public servant for the offences punishable under the Act except with the previous sanction of the State Government. Referring to the judgment in Maharashtra State Board of Secondary and Higher Secondary Education v. K.S.Gandhi and Others, Justice Ziyad Rahman AA observed: "Going by the principles laid down by the Honourable Supreme Court in the aforesaid judgments, the contents of the order should reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.

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History of this topic

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
4 weeks ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Kerala High Court Asks State If There Is Any Order/ Circular Regulating Conduct Of Police Officers In Court Premises
1 month, 2 weeks 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 …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
3 months, 4 weeks 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 …

Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution
4 months ago

Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution

Live Law  

The Kerala High Court has held that the accused has a right to access all materials which was gathered during investigation, irrespective of whether the prosecution seeks to rely upon the same. It said the accused has a right of fair trial under Article 21 of the Constitution and thus, he should have the right to access even those materials …

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court
5 months ago

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court

Live Law  

The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building …

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
8 months, 4 weeks ago

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Live Law  

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005. The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court …

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]
1 year ago

Kerala High Court Annual Digest 2023: Part I [Citations 1-255]

Live Law  

v. Eldho P. Mathew & Ors. Time To Stop Entertaining Writ Petitions Relating To Wakf Act, Parties Must First Approach Statutory Authorities: Kerala High Court Case Title: Hameedali K.P. Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court Case Title: Siji V State of Kerala Citation: 2023 LiveLaw 77 The Kerala High …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 1 month ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law  

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 2 months ago

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC

Live Law  

While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON Ltd, seeking …

Administrative Orders Devoid Of Reasons Not Inherently Illegal, But Authorities Not Encouraged To Pass Such Orders: Kerala High Court
1 year, 2 months ago

Administrative Orders Devoid Of Reasons Not Inherently Illegal, But Authorities Not Encouraged To Pass Such Orders: Kerala High Court

Live Law  

The Kerala High Court recently quashed the order issued by the District Programme Co-ordinator of the Mahatma Gandhi National Rural Employment Guarantee Scheme terminating the services of six Quality Monitors for unsatisfactory work. The Court, on perusing the impugned order issued by the District Programme Co-ordinator, discerned that the Mission Director had only opined that the service of those Quality …

[Kerala Anti-Social Activities (Prevention) Act] Externment Order Vitiated If Reasons For Imposing Maximum Period Not Disclosed: High Court
1 year, 6 months ago

[Kerala Anti-Social Activities (Prevention) Act] Externment Order Vitiated If Reasons For Imposing Maximum Period Not Disclosed: High Court

Live Law  

The Kerala High Court recently observed that when issuing an externment order with the maximum period of punishment for one year under Section 15 of Kerala Anti-Social Activities Act, 2007, the reasons for passing such an order must be stated.A division bench of Justice P B Suresh Kumar and Justice C S Sudha observed: “As Section 15 of the Act …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months 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 …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
1 year, 10 months ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
1 year, 11 months 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 …

District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court
1 year, 11 months ago

District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court

Live Law  

The Kerala High Court recently held that the sanction of the district collector is not required for initiating prosecution under Section 7 of the Essential Commodities Act, 1955. As Rajan failed to produce any bill, invoice, or other documents supporting such storage of LPG cylinders, the District Collector alleged violation of clause 6 of the LPG Order, 2000 and Section …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
1 year, 11 months 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 …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 1 month ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC
2 years, 1 month ago

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC

Live Law  

The Kerala High Court recently reiterated the settled position that an order of preventive detention can be passed against a person who is already in custody, subject to the condition that the detaining authority is aware of the detenu already being in detention, and secondly, that there are compelling circumstances justifying such preventive detention. ".it is by now well settled …

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC
2 years, 2 months ago

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

Live Law  

The Kerala High Court has held that the Protection of Children from Sexual Offences Act, 2012 prevails over the Scheduled Tribes Act, 1989. When the Petitioner approached the High Court for bail, the Registry raised an objection that in view of the offences alleged under the SC/ST Act, an application for bail can be filed only before the Special Court …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 5 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 …

No Previous Sanction Required To Prosecute Bank Officials In Connection With IPC/RPC Offences: Jammu & Kashmir & Ladakh HC
2 years, 7 months ago

No Previous Sanction Required To Prosecute Bank Officials In Connection With IPC/RPC Offences: Jammu & Kashmir & Ladakh HC

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that there is no need to obtain the previous sanction to prosecute bank officials in connection with offences under IPC/RPC.The Bench of Justice Sanjay Dhar also observed that the appointing and removing the authority of the officials of the petitioner Bank is not the Government but it is the competent …

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court
2 years, 8 months ago

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

Live Law  

The Kerala High Court has recently established that the general supervisory power available under Section 17 of the Kerala Civil Courts Act does not empower the District Judge to pass judicial orders directing the civil courts in the district to dispose of matters pending before the subordinate courts in a time-bound manner. Justice A. Badharudeen held that the general control …

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court
2 years, 9 months ago

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

Live Law  

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. Court findings: Senior Advocate Hashmath Pasha referred to the judgement in the case of Lalita Kumari vs Government of Uttar Pradesh and Others and …

Municipality Act | Secretary Can Issue Notice, Take Action Upon Finding Illegal Construction Being Carried Out : Kerala High Court
2 years, 11 months ago

Municipality Act | Secretary Can Issue Notice, Take Action Upon Finding Illegal Construction Being Carried Out : Kerala High Court

Live Law  

The Kerala High Court on Monday held that the Secretary of a Municipality is empowered to issue notice and initiate suitable action if a building construction is found to be proceeding illegally within their jurisdiction. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so while dealing with a set of appeals filed under the …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
2 years, 11 months ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice
2 years, 11 months ago

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice

Live Law  

The Delhi High Court has issued notice on a petition raising a question as to whether a sanction to prosecute an accused under Essential Commodities Act is required when such a person is not a public servant. Justice Subramonium Prasad issued notice on the petition assailing the orders passed by Chief Metropolitan Magistrate of the Karkardooma Courts whereby it was …

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court
3 years ago

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court

Live Law  

The Karnataka High Court has held that an investigating agency cannot be construed as a person aggrieved of an order passed by the State refusing to grant sanction to prosecute, a government servant in this case. It observed, "In my considered view, no fault can be found with the exercise of discretion of the competent authority in looking into the …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 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 …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 4 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

'Unacceptable Behavior; Will Not Condone Destruction Of Public Properties By MLAs' : Supreme Court On Kerala Assembly Ruckus Case
3 years, 6 months ago

'Unacceptable Behavior; Will Not Condone Destruction Of Public Properties By MLAs' : Supreme Court On Kerala Assembly Ruckus Case

Live Law  

The Supreme Court on Monday adjourned to next week the hearing of the appeal filed by State of Kerala seeking the withdrawal of criminal cases against six prominent CPI members for the ruckus and vandalism caused in the Kerala Legislative Assembly in 2015.During the brief hearing on Monday, a bench comprising Justices DY Chandrahcud and MR Shah made certain oral …

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, 6 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 …

'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws
3 years, 8 months ago

'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws

Live Law  

In a detailed judgment, the Kerala High Court recently prescribed safeguards against arbitrary and unjustified invasion of personal liberty in cases of preventive detention. Explaining how the procedural safeguards against preventive detention prescribed by the Constitution were to be interpreted by the High Court in matters relating to preventive detention, the bench remarks, "It is therefore that when an application …

BREAKING : Kerala High Court Quashes Kerala Police FIRs Against Enforcement Directorate
3 years, 8 months ago

BREAKING : Kerala High Court Quashes Kerala Police FIRs Against Enforcement Directorate

Live Law  

The Kerala High Court on Friday quashed the two FIRs registered by the Kerala Police Crime Branch against "unnamed officials" of the Enforcement Directorate for allegedly coercing the accused in the gold smuggling case to give false incriminating statements implicate Chief Minister Pinarayi Vijayan and other state functionaries.In a judgment pronounced on Friday, the High Court held that the. The …

Permission Of Court For Further Investigation Not Mandatory, But Seeking It A Well-Accepted Legal Practice: Kerala High Court
3 years, 10 months ago

Permission Of Court For Further Investigation Not Mandatory, But Seeking It A Well-Accepted Legal Practice: Kerala High Court

Live Law  

While deciding a criminal revision petition on Tuesday, the Kerala High Court was tasked with whether court permissions were mandatory when seeking further investigation and whether material necessarily had to be collected before such investigation was instituted. Elaborating on this theme, the Court pointed out that the Kerala High Court in Abdul Latheef v. State of Kerala had opined that …

'Sanctioning Authority Must Apply Mind' : Bombay HC Quashes Sanction To Prosecute Order Issued 'Mechanically'
3 years, 10 months ago

'Sanctioning Authority Must Apply Mind' : Bombay HC Quashes Sanction To Prosecute Order Issued 'Mechanically'

Live Law  

The Bombay High Court has ruled that an order granting permission or sanction to prosecute an individual under the Prevention of Corruption Act must demonstrate that the Sanctioning Authority has applied his mind and not passed the order "mechanically". Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— no finding, sentence or order passed by a special Judge shall …

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
3 years, 11 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD …

Kerala HC Refuses To Quash Criminal Case Against A Man Who Displayed Placard Against Distribution Of Compensation To The Endosulfan Victims [Read Order]
4 years, 2 months ago

Kerala HC Refuses To Quash Criminal Case Against A Man Who Displayed Placard Against Distribution Of Compensation To The Endosulfan Victims [Read Order]

Live Law  

The Kerala High Court on Tuesday refused to quash criminal proceedings against a retired worker of the Plantation Corporation of Kerala Ltd. who asserted that there is no menace related to the use of Endosulfan in Kasargode district. The writings on the Placard stated that:- Endosulfan issue, There are no such health issues in Kasargod district Stop the plundering of …

A demarcation in the interest of public order
4 years, 3 months ago

A demarcation in the interest of public order

The Hindu  

The reiteration by the Supreme Court in the Shaheen Bagh case of the right to protest, within reasonable restrictions, helps in understanding the breakdown of public order in Delhi over a three-month period. The other perspective is that community-wide protest is not itself a crime and Delhi Police, having magisterial powers under the Criminal Procedure Code to take preventive action, …

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]
5 years, 3 months ago

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]

Live Law  

In a notable judgment, the High Court of Kerala has discharged alleged Maoist leader Roopesh of charges under Unlawful Activities Prevention Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution.The Court was considering three revision petitions filed by Roopesh challenging the orders of the Sessions. In …

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