Kerala High Court
Writ Jurisdiction Cannot Be Invoked Under Article 226 Against Decisions Of Lender/Banker Unless Compelling Reasons Like Statutory Violations: Kerala High Court
The Kerala High Court has made it clear that the jurisdiction of writ court cannot be invoked against decisions of lending institutions like banks unless there were compelling reasons such as violations of rules, regulations or statutory provisions. The petitioner had approached the writ court against the decision of the bank rejecting his request for restructuring of the loan.Justice...
Kerala Building Tax Act, 1975 | Buildings To Be Assessed Separately If Structurally Different: High Court
The Kerala High Court has held that where separate buildings are constructed, albeit for for a common purpose, the buildings would have to be assessed separately for the purposes of building tax, if the same are structurally different. Perusing Section 5 of the Kerala Building Tax Act, 1975, (hereinafter, the 'Act, 1975'), which provides that the plinth area has to be assessed on every...
Couple Moves Kerala High Court Seeking Regulation Of Midwifery Child Birth Centres Following Death Of Newborn
The Kerala High Court yesterday suo moto impleaded the District Police Chief (Rural) Ernakulam as an additional respondent in a plea filed by a couple who allege that their newborn child died due to lack of proper care and medical treatment from the Cochin Birth Village, a natural birthing centre that offers midwifery care. Justice Devan Ramachandran noted that the issue was serious and...
Sree Keralavarma College Election Case: KSU Candidate Moves Kerala High Court Alleging Malpractice In Election Result
A plea has been moved in the Kerala High Court alleging arbitrariness in the recounting of votes pertaining to the election of the College Union Chairman at Sree Keralavarma College, Thrissur. The petitioner, a specially-abled third Year B.A. Political Science student named Sreekuttan, had initially been declared as the Chairman of the College Union. Sreekuttan was the candidate of...
Kerala High Court Bans Bursting Of Firecrackers In Religious Places At Odd Hours, Says No Holy Book Prescribes It Pleases God
The Kerala High Court on Friday came down heavily upon bursting of firecrackers at odd hours in religious places. The Single Judge Bench of Justice Amit Rawal called upon all District Collectors in the State to conduct raids in all religious places and take into possession crackers illegally stored in all religious place, with the assistance of the Commissioners of Police. "I...direct the...
Kerala HC Orders Probe Into Alleged Attack On Viyyur Prison Inmates, Says Jail Officials Can't Adopt 'Third Degree' Measures To Enforce Discipline
"Jail is not a place to show the physical strength of jail officials," the Kerala High Court observed yesterday while hearing a plea filed by the convicted prisoners of Viyyur Central Prison at Thrissur alleging that the Deputy Superintendent of Jail along with other officers brutally manhandled and caused serious injuries to them.Justice P.V. Kunhikrishnan directed that an independent...
Sports Disciplines Extremely Expensive, Govt Should Support Athletes From Disadvantaged Sections: Kerala High Court
The Kerala High Court on Friday called upon the State Government and the Kerala Sports Council (KSC) to provide assistance to a young professional handball player, who had been injured during the Junior Girls National Handball Championship. The young handball player, who belonged to a middle class family, and suffere from a ligament tear, had approached the KSC for financial aid, stating...
Maintenance Application Under Chapter IX CrPC Cannot Be Dismissed For Default: Kerala High Court
The Kerala High Court recently considered whether an application filed for maintenance allowance under Chapter IX of CrPC can be dismissed for default (non-appearance of party seeking maintenance). Chapter IX, Section 125-128 of CrPC contemplates Order for Maintenance of Wives, Children and Parents.Justice C.S. Dias observed that Magistrate has no implicit power to dismiss an application...
Kerala High Court Stays Food Adulteration Proceedings Against 'Dalda Vanaspati'
The Kerala High Court yesterday stayed criminal proceedings initiated against 'Bunge Dalda Vanaspati' in Magistrate Court for allegedly violating the provisions of the Food Safety and Standards Act, 2006.Justice P.V.Kunhikrishnan admitted the matter and granted an interim stay on all criminal proceedings initiated against the petitioners. “After going through the complaint, I think a...
Family Court Has Jurisdiction To Entertain Plea Seeking Reliefs U/S 18-22 Domestic Violence Act: Kerala High Court
The Kerala High Court has laid down that the Family Court has the jurisdiction to entertain a petition seeking reliefs under the Protection of Women from Domestic Violence Act, 2005."What is discerned from the provisions of Section 12 is that an aggrieved person is free to elect any of the reliefs. The legislature in the wisdom has framed the Act by taking into consideration the doctrine...
Kerala High Court Upholds Devaswom Commissioner's Order Refusing Permission To Shoot Film At Vadakkunnathan Temple Ground
The Kerala High Court recently upheld the order issued by the Special Devaswom Commissioner of the Cochin Devaswom Board denying permission to the proprietor of ‘Appu Pathu Pappu Production House’ from shooting a few scenes of the film ‘PANI’ on the ground of Sree Vadakkunnathan Temple in Thrissur.The petitioner-proprietor had preferred an application to the Special Devaswom...
Co-operative Societies Act | Can't Invoke Writ Jurisdiction To Challenge Disputed Questions Of Fact Concerning Committee Election: Kerala High Court
The Kerala High Court has held that writ jurisdiction cannot be invoked under Article 226 of the Constitution to challenge disputed questions of fact concerning election to the Managing Committee of a Society.Justice N. Nagaresh relied upon various judicial precedents and observed that factual disputes regarding election to the Managing Committee of a Society have to be settled by a...