Kerala High Court
Kerala High Court Prevents Public Service Commission From Taking U-Turn, Admitting Candidates With Higher Qualification After Opposing It
The Kerala High Court on Monday categorically laid down that the Kerala Public Services Commission cannot alter its previous stance and subsequently admit candidates with higher qualifications for the post of Lower Division Clerk (LDC) in the Kerala Water Authority.The petitioners in the present writ petitions were aggrieved by the inclusion of candidates who do not have the...
Surrogacy Permissible Only If Altruism And Lack Of Financial Benefits Established: Kerala High Court Orders Police To Question Proposed Mother
The Kerala High Court yesterday directed the DIG, Thiruvananthapuram to conduct an enquiry and submit a report after interacting with a proposed surrogate mother and her family to ensure altruistic surrogacy. The Court stated that permission can be granted for surrogacy only if altruism and lack of financial involvement are reasonably established.The Court was considering a plea submitted by...
Penalty Is Payable On Failure To Deposit Tax Collected Within A Period Of Thirty Days From The Due Date: Kerala High Court
The Kerala High Court has held that the penalty is payable on failure to deposit the tax collected by him within a period of thirty days from the due date of the payment of the tax.The bench of Justice Dinesh Kumar Singh observed that in Sub-sections 6, 8, and 9 of Section 73 of the GST Act, 2017, it is provided that if a person chargeable to tax fails to deposit the tax collected by him within...
Administrative Orders Devoid Of Reasons Not Inherently Illegal, But Authorities Not Encouraged To Pass Such Orders: Kerala High Court
The Kerala High Court recently quashed the order issued by the District Programme Co-ordinator of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) terminating the services of six Quality Monitors for unsatisfactory work. Justice Raja Vijayaraghavan V noted that the impugned order had been passed merely on finding that the performance was unsatisfactory, without any...
Disciplinary Proceedings Under KCS Rules Will Discontinue On Retirement Of Govt Servant If Proceedings Primarily About Loss Recovery: Kerala High Court
The Kerala High Court held that after a government servant has retired from service and the proceedings primarily become about loss recovery, disciplinary proceedings under Rules 15 and 16 of KCS (CC&A) Rules are no longer applicable. Instead, Rule 3, Part III of the Kerala Service Rules (KSR) applies, although it governs the recovery of losses from a pensioner found guilty of...
Kerala High Court Directs State To Issue Preceding Two Years Notifications For Disbursing Annual 12K Grant To Junior OBC Advocates
The Kerala High Court today directed the competent authority of the State Government to issue necessary notifications under the OBC Advocate Grant Scheme for the years 2021-22 and 2022-23 for disbursal of annual grant of Rs. 12,000 to the eligible junior advocates.Justice Devan Ramachandran stated that the benefit given to the young lawyers under the Scheme cannot be denied for no...
Concurrent Jurisdiction U/S 397 CrPC: Kerala HC Says No Bar On Approaching High Court For Revision But More Appropriate To Move Sessions Court First
The Kerala High Court has clarified that when concurrent revisional jurisdiction is available under Section 397 CrPC to approach the High Court as well as the Sessions Court, it is just and appropriate to first approach the Court of the lowest forum, that is, the Sessions Court. The Court was quick to add this does not mean that there is any bar in approaching the High Court first,...
Kerala High Court Refuses Anticipatory Bail To Family Accused Of Cheating Woman Through Fake Matrimonial Profile
The Kerala High Court recently refused to grant anticipatory bail to three persons who had allegedly cheated a woman by putting up a fake profile on a matrimonial website. The prosecution allegation was that the 1st petitioner who is a 38 year old man who is already married, had put up a matrimonial profile claiming himself to be a doctor, and had gone to the house of the de facto...
CMRL Bribery Case: Kerala High Court Appoints Amicus Curiae To Address Arguments Following Death Of Revision Petitioner
The Kerala High Court on Wednesday appointed an Amicus Curiae in the revision petition filed by social activist, Gireesh Babu(since deceased), against the dismissal of a complaint seeking investigation into the alleged bribery carried out by high ranking public officials of the State in connection with the mining and other business interests of the Cochin Minerals and Rutile Ltd (CMRL) by...
Kerala High Court Monthly Digest: October 2023 [Citations: 531-613]
Nominal Index [Citations: 2023 LiveLaw (Ker) 531-613]The Ramapuram Regional Service Co-Operative Bank v State of Kerala 2023 LiveLaw (Ker) 531NBCC India Ltd. & Anr. v. Joshy Varghese and connected matter 2023 LiveLaw (Ker) 532Mallika v. Sree Mutharamman Temple Trust & Anr. and connected matter 2023 LiveLaw (Ker) 533Gugulloth Lakshman IPS v. State of Kerala & Anr. 2023 LiveLaw...
No Appeal Before Division Bench U/S 5 Kerala High Court Act Against Order In Writ Petition Merely Seeking To Invoke S.482 CrPC: High Court
The Kerala High Court has made it clear that an appeal before division bench under Section 5 of the Kerala High Court Act, 1958 is not maintainable against a single judge's order in a writ petition where the relief sought was merely to exercise inherent powers under Section 482 CrPC.The provision states that an appeal shall lie to a bench of two judges from the order of a single judge who...
Kerala High Court Set To Launch Malayalam Version Of Indian Law Reports (ILR) Tomorrow
The Kerala High Court is set to launch the Malayalam version of the Indian Law Report on its website, on the occasion of Kerala Piravi tomorrow. The programme is set to be inaugurated by Chief Justice A.J. Desai at 9:50 A.M. on November 1, 2023. E-Version of the ILR had initially been launched by the Chief Justice in August 2023. The present move of inaugurating the Malayalam version of ILR is...