Kerala High Court
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...
All India Tourist Buses Cannot Be Operated As Stage Carriages : Kerala High Court
The Kerala High Court on Friday passed an interim order directing that all India tourist vehicles cannot be permitted to operate as stage carriers. The Court also directed that authorities can take appropriate actions against tourist buses with all India tourist permits that operate as stage carriages.Justice Dinesh Kumar Singh also directed the petitioners who were tourist bus operators to...
Cricketer Sreesanth Moves Kerala High Court For Anticipatory Bail In Cheating Case
Indian Cricketer S. Sreesanth has approached Kerala High Court seeking anticipatory bail in a cheating case. When the matter was taken up on Friday, Justice Mohammed Nias C.P. asked the State not to take any coercive action against the Cricketer till the next date of posting on November 28, 2023 (Tuesday).The prosecution allegation is that two accused persons had made the complainant part...
Kerala High Court Gives ED Nod To Issue Fresh Summons To KIIFB, Former Minister Dr. Thomas Issac In 'Masala Bonds' Case
The Kerala High Court on Friday granted permission to the Enforcement Directorate (ED) to issue fresh summons to Kerala Infrastructure Investment Fund Board (KIIFB), and former Minister, Dr. T.M. Thomas Issac, in relation to the masala bonds case. ED had issued summons to KIIFB, and the then Finance Minister, Dr. Issac, alleging violations of provisions under the Foreign Exchange Management...
Can't Use Children For Non-Educational Activities Like Govt's 'Nava Kerala Sadass': High Court
Reinforcing the fundamental right to education, the Kerala High Court has made it clear that schools and educational authorities can't compel children to participate in activities of non-educational colour, such as state government's 'Nava Kerala Sadass'.The programme envisages direct interaction of top officials with the people and redressal of their grievances. Employees in public service...
Kerala High Court Rejects Assessee ’s Claim For Service Tax Refund To Meet VAT Demand On Pest Control Contract
The Kerala High Court has rejected the assessee's claim for a service tax refund to meet the VAT demand on the pest control contract.The bench of Justice Anu Sivaraman has observed that the claim of the petitioner that the service tax authorities must be directed to meet the demand for VAT, if any, found payable by the petitioner cannot be accepted.The petitioner or assessee is in the business...
Enacting Laws In English Will Not Deter Growth Of Regional Language: High Court To Kerala Govt
The Kerala High Court on Friday emphasized the need for publishing statutes and rules in English language, as envisaged in Article 348(3) of the Constitution. Article 348(3) permits usage of any local language other than English for use in the Legislature of the State but requires that a translation of the same in the English language be published under the authority of the Governor of the...
Real Estate Appellate Tribunal Can Appoint Commission For Getting Material Aspects Required For Settling Disputes: Kerala High Court
The Kerala High Court recently laid down that that the Kerala Real Estate Appellate Tribunal, which has special power to regulate its own procedure, can appoint a Commission as well, if the Tribunal is of the opinion that appointment of such a Commission is necessary for getting certain material aspects, which are required for the purpose of deciding the matter in controversy in between...
S.197 CrPC | 'Excess' No Ground To Circumvent Sanction When Alleged Act Of Public Servant 'Reasonably Connected' With Official Duty: Kerala HC
The Kerala High Court on Tuesday held that the protection of sanction as provided under Section 197 Cr.P.C. would apply when the alleged act done by a public servant is reasonably connected with the discharge of his official duty.Section 197 Cr.P.C. provides that when a public servant who is not removable from his office save by or with the sanction of the government, is accused in any...
Disabled Candidates Not Entitled To Bring Scribe Of Own Choice To Write Competitive Exam: Kerala High Court
The Kerala High Court has upheld the decision of Kerala Public Service Commission (KPSC) declining a PwD candidate's request to bring his own scribe to examination.Stating that the decision was meant to rule out any possible misuse of the scribe during exam, the Court clarified that the Commission may itself allot a scribe to the candidate from the panel prepared by it.Analyzing the objectives...
Destitute Women And Children Made To Loiter In Courts, Parliament Should Think Of A Comprehensive Maintenance Law: Kerala High Court
The Kerala High Court has expressed concern over the arduous procedure to obtain a maintenance order and has suggested the Parliament to bring about apposite changes in the law to ameliorate the situation."Destitute women and children are made to loiter in the corridors of the Courts to receive their monthly maintenance, which adds to their woes...this Court is of the firm view that the time...
Talaq-E-Hasan And Talaq-E-Ahsan Valid: Kerala High Court Quashes Criminal Proceedings Against Muslim Husband As Talaq Not Instantaneous
Interpreting the law on triple talaq, the Kerala High Court recently quashed criminal proceedings against a Muslim husband on finding that he pronounced talaq-e-hasan which was legal and valid under Muslim Personal Law.“The copies of the talaq kuries would show that several mediations took place. It is further revealed that respondent No.3 did not co-operate for a Court Centred...