Kerala High Court
Can't Grant Judicial Separation As An Alternate Relief If Grounds For Divorce U/S 13 Hindu Marriage Act Not Proven: Kerala High Court
The Kerala High Court has recently held that if the grounds for divorce under Section 13 of the Hindu Marriage Act are not proven, the same grounds cannot be used for granting judicial separation as an alternate relief under Section 13-A.Relying on the decision in Snigdha Chaya Devi v. Akhil Chandra Sarma (1992), the Division Bench comprising Justice Anil K. Narendran and Justice Sophy...
Children Participating In 'Vidyarambham' Can't Be Forced To Write Or Recite Prayer Contrary To Their Parent’s Belief: Kerala High Court
The Kerala High Court has made it clear that parents would have the right to choose the first words to be written or recited by their children during Vidyarambham ceremony.In Kerala, Vidyarambham ceremony is usually conducted on the last day of Navaratri, i.e. on Vijayadashami day, to introduce young children to the world of learning and knowledge.Justice Devan Ramachandran observed that...
Paddy Land Act | Can't Dig Wells On Paddy Land For Commercial Purposes: Kerala High Court
The Kerala High Court held that digging a well on a paddy land for commercial purposes, such as extracting groundwater for manufacturing packaged drinking water, is not related to paddy cultivation and would thus be violative of the Kerala Conservation of Paddy Land and Wetland Act, 2008.Justice Bechu Kurian Thomas added that if water was drawn out from paddy lands for commercial purposes,...
Citizens Cannot Be Prosecuted For Defamation U/S 499, 500 IPC For Criticizing A Product/ Service On Facebook: Kerala High Court
The Kerala High Court has reiterated that Section 499 of IPC makes defamation against individuals as a punishable offence under Section 500 of IPC and not against criticism of any product or service. The Court noted that the provision deals with harm to reputation caused to any person and not product.Justice N. Nagaresh observed that criticism of a product or service cannot be considered to...
Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court
The Kerala High Court on Tuesday condoned a delay of 25 days in filing an appeal under the Commercial Courts Act, 2015, on the ground that such delay had not resulted in any loss on the part of the opposite party. The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas though took note of the intent of the statute to have speedy disposal of commercial disputes,...
Arbitration Act | Arbitrator Can't Appoint Advocate Commissioner U/S 26, 27: Kerala High Court
The Kerala High Court has recently held that an arbitrator is not authorised to appoint an Advocate Commissioner under Section 26 or 27 of the Arbitration Act to conduct inspections in land acquisition disputes. Justice Murali Purushothaman added that the extent of judicial intervention in arbitration proceedings was limited, with parties generally having to wait for the arbitration award...
'‘No Other High Courts Have This’': DAKSH's Panel Discussion On 'Technological Transformation of Kerala High Court'
"The design of the e-courts system we have implemented in Kerala High Court is not merely the architecture, but our vision behind the same. Our approach is our vision, and that is our design," Justice A. Muhamed Mustaque quipped, during a Panel discussion by Bengaluru-based think tank and research institution DAKSH on 'Technological Transformation of Kerala High Court' today. The event launched...
'Why Freeze Entire Bank Account Of Traders Just Because Unknown Cyber Criminals Paid Them Through UPI?' Kerala High Court
The Kerala High Court recently directed Banks to limit the freezing orders issued in respect of persons into whose accounts amounts had been transferred via UPI platform as part of a cyber financial crime, to the amount involved in the crime as mentioned in the order/requisition issued by the Police Authorities. The Single Judge Bench of Justice Devan Ramachandran could not fathom why the...
SARFAESI Act | Whether Mortgaged Property Is Agricultural Land To Be Decided By DRT, Can't Invoke Writ Jurisdiction: Kerala High Court
The Kerala High Court last week dismissed challenge to recovery proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) qua certain parcels of land which the petitioner claimed to be agricultural lands and thus protected under Section 31 (i) of the statute. Section 31(i) states that the provisions of...
Centre Notifies Appointments Of 3 Judicial Officers As Additional Judges Of Kerala High Court
The Central Government has notified the appointment of three judicial officers as additiiona judges of the Kerala High Court. They are :1. Johnshon John,2. Gopinathan U Girish, and3. C. Pratheepkumar.Last week, the Supreme Court collegium had recommended the appointments of these officers, along with two others....
Kerala Abkari Act | Rented Vehicle Put To Illegal Use Without Owner's Knowledge Or Active Involvement Ought To Not Be Confiscated: High Court
The Kerala High Court has laid down that a vehicle which was taken on rental basis, and which was subsequently put to use for illegal purposes, cannot be confiscated when the registered owner of the vehicle had no knowledge of the offence, nor had any active involvement in such act. "For a vehicle to be confiscated, it ought to have been established that the owner of the vehicle has...