Kerala High Court
[Kottayam Bar Association Protest] Kerala High Court Initiates Suo Motu Contempt Against 29 Protesting Lawyers
The Kerala High Court has initiated suo motu contempt proceedings against twenty-nine lawyers who had protested and allegedly hurled abusive language against a female Chief Judicial Magistrate (CJM), in Kottayam. The advocates of the Kottayam Bar Association had abstained from attending court proceedings last week to protest against the initiation of criminal proceedings against Advocate...
Kerala High Court Grants Interim Protection From Arrest To Cricketer S. Sreesanth In Cheating Case
The Kerala High Court on Tuesday passed an order granting interim protection from arrest to cricketer S. Sreesanth in a cheating case. A single bench of Justice Mohammed Nias C.P. passed the interim order upon being told by the public prosecutor that the matter had been mutually settled between the parties. The Bench subsequently posted the case to a later date in order to implead the de...
Senior Citizens, Others Move Kerala High Court Seeking Dues From Scam-Hit Kandala Service Co-op Bank
Several senior citizens holding savings bank accounts and enrolled under various fixed deposit/other schemes in the Kandala Service Co-Operative Bank have approached the Kerala High Court seeking disbursal of monetary benefits due to them.Notably, the Bank is under scrutiny for alleged irregularities pertaining to several crores of rupees and was raided by the Enforcement Directorate earlier...
[S.451 CrPC] Interim Custody Of Elephant Can Be Given To Person Possessing Better Title, Symbolic Production Sufficient: Kerala High Court
The Kerala High Court has recently held that when a property is produced before the Trial Court during an inquiry or trial under Section 451 CrPC, the Court can hand over the interim custody of the property to the person possessing a better title.Section 451 CrPC pertains to the power of the criminal court to order for custody and disposal of property pending trials and the provision states...
Kerala High Court Sets Aside Declaration Of Election Of Chairman Of Sree Keralavarma College Union; Directs Re-Counting Of Votes To Be Carried Out
The Kerala High Court on Tuesday set aside the declaration of Students Federation of India (SFI) candidate, Anirudhan K.S., as the Chairman of the College Union of Sree Keralavarma College, Thrissur, in the plea moved by Kerala Students Union (KSU) candidate alleging arbitrariness in the recounting of votes pertaining to the election to the said post and seeking the conduct of a re-election...
Principles Of Natural Justice Crucial To Transfer Orders, Prevent Stigma & Bias: Kerala High Court
A Division Bench of the Kerala High Court recently upheld order of a Single Judge, whereby the transfer order of a teacher working under Corporate Managers was quashed.The Bench, comprising Justices A. Muhamed Mustaque and Shoba Annamma Eapen, observed that as the transfer order was issued in accordance with Rule 10(4) of the Kerala Education Rules ("KER"), the authorities should have...
Right To Be Forgotten: Kerala High Court Seeks Response Of HC Registry, Google & Indian Kanoon On Plea To Mask Identity In Online Judgment
The Kerala High Court on Monday considered a plea moved by petitioners who were arrayed as first and second accused in a criminal case which was later settled amicably between the parties. The petitioners stated that the FIR was quashed vide a judgment of the Court in the year 2012. They allege that the judgment of the Court with their names were available on the High Court website as well as...
Plea In Kerala HC Seeks Equitable Representation Of Backward Community In Appointment Of High Court Judges
A plea has been moved in the Kerala High Court by a Scientist retired from the Indian Council of Agricultural Research (ICAR), seeking equitable representation of backward classes such as Scheduled Castes, Scheduled Tribes, Latin Catholics, etc. in the appointment of High Court Judges in the State. Dr. M.K. Mukundan, who himself belongs to a backward community alleged that the principles...
Mere Procedural Violations Not Sufficient To Vitiate Lok Adalat's Award Of Settlement: Kerala High Court
The Kerala High Court has recently held that in order to vitiate an award passed by a Legal Services Authority, it would have to be established that the Authority had no jurisdiction to pass such an award, and mere procedural violations would not suffice. A division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed an intra-court appeal against a...
[S.239 Municipality Act] Advance Notice Regarding Vacancy Of Building Mandatory To Claim Remission Of Property Tax: Kerala High Court
The Kerala High Court has made it clear that advance notice has to be served to the Secretary under Section 239(3) of the Municipality Act in the half-year claiming remission for the succeeding half-year, otherwise, no remission of property tax could be granted. Justice Dinesh Kumar Singh observed that advance notice was mandatory for claiming remission of property tax. “In the present case,...
Kerala Villagers Approach High Court Alleging Illegal Construction Of Telecom Tower In Environmentally Hazardous Area
The residents of Athavanad Grama Panchayat, Malappuram, have approached the Kerala High Court against alleged illegal construction of a telecommunication tower in the environmentally high hazard hilly terrain area, Nellithada Kunnu, without permission from the Secretary of the Panchayat. Single Judge Bench of Justice Bechu Kurian Thomas on Friday sought response of the respondent...
Can't Stifle Police Investigation Initiated At Orders Of Magistrate U/S 156(3) CrPC, Accused May Raise Challenge At Cognizance Stage: Kerala HC
The Kerala High Court has said that when a FIR is registered at the directions of a Magistrate under Section 156(3) CrPC, the High Court may not exercise jurisdiction under Section 482 CrPC and quash such FIR unless there are compelling and justifiable reasons.Justice Sophy Thomas said that in such cases, the accused may raise a challenge if final report is filed charging him/her for a...