Kerala High Court
Kerala High Court Seeks State's Response On Plea Against Discontinuation Of Annual Grant To OBC Junior Advocates
A plea has been moved in Kerala High Court against the non-issuance of notification to claim annual grant of twelve thousand rupees to the junior advocates belonging to the OBC category under the OBC Advocate Grant Scheme.Justice Devan Ramachandran has sought response from the Government of Kerala and the Directorate of Backward Classes Development Department regarding the discontinuation of...
Can't Grant Anticipatory Bail To Rape Accused Merely Because He Was Aged Only 18 Yrs When Alleged Offence Was Committed: Kerala High Court
The Kerala High Court has rejected the plea moved by a man accused of committing rape on his disabled cousin sister, seeking anticipatory bail on the ground that he was only 18 years old when the alleged offence was committed.Justice Gopinath P. observed thus:“Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the opinion that the...
For Annulment Of Sale Deed, Executant Must Seek Its Cancellation Whereas Non-Executant Must Seek Declaration Of Its Invalidity: Kerala High Court
The Kerala High Court held that when a sale deed has to be annulled by an executant to a sale deed, he must seek cancellation of the deed. And when a non-executant to sale deed wants to get it annulled, he must seek a declaration that the deed was invalid, non-est in law, illegal or not binding on him.Justice A. Badharudeen observed thus:“Thus, the legal position emerges is that, when there...
Kerala High Court Sets Aside Bail Granted To POCSO Accused Over Delayed Reporting, Points Typo In Date Of Crime Mentioned In FIR
The Kerala High Court recently set aside a Sessions Court order granting anticipatory bail to 57 years old man accused of sexually assaulting a minor aged 7 years, on the ground that the alleged delay in registering the crime was on account of a typographical error in the FIR qua the date of commission of the offence. Justice Gopinath P. thereby directed the Sessions Court to reconsider the...
Difficulties Faced On Initial Phase Of GST Implementation, Kerala High Court Sets Aside Disallowance Of ITC
The Kerala High Court recently addressed the difficulties faced by small scale dealers during the initial phases of GST implementation in understanding the provisions of GST Act. Justice Dinesh Kumar Singh set aside the orders of the assessing authority disallowing the input tax credit claims of the petitioners and observed thus,“The period involved is 2017-18 when the GST regime was...
Kerala High Court Directs Vigilance To Return Rs 47 Lakh Seized From IUML Leader KM Shaji's House
The Kerala High Court on Tuesday ordered return of the amount seized by Vigilance from the house of Indian Union Muslim League (IUML) leader and former MLA K M Shaji. Justice Ziyad Rahman A.A. directed that the amount of Rs. 47.35 Lakh shall be released on Bank guarantee."...when it comes to the question of the release of the articles in favour of the accused, the court should adopt a...
Muslim Wife Initiating Divorce Not Entitled To Maintenance From Husband U/S 125 CrPC From Date Of 'Khula': Kerala High Court
The Kerala High Court has held that a Muslim wife who effected her divorce by pronouncement of 'Khula' cannot claim maintenance from her husband under Section 125 CrPC, after effecting Khula. Divorce by 'Khula' is a divorce at the instance of, and with the consent of the wife, by which she gives or agrees to give a consideration to the husband for her release from the marriage...
VSSC Exam Impersonation Case: Kerala High Court Calls For Strict Action Against 'Fraudulent Practices' To Secure Govt Jobs, Refuses Bail
The Kerala High Court on Monday rejected the bail application of a person accused of impersonating a candidate in the VSSC Tenchnican-B(Fitter) examination. While refusing bail, Justice Mohammed Nias C.P. observed, "Impersonating in a competitive examination like one conducted by the VSSC has to be dealt with sternly. Fraudulent practices to gain public employment cannot be countenanced by...
Professional Film Reviews Different From Motivated Bad Film Reviews : Kerala High Court
The Kerala High Court on Tuesday asked the State Police Chief to be mindful of professional reviews of a film while devising mechanism against motivated bad reviews that are solely aimed to blackmail the makers or to hamper film's success.Justice Devan Ramachandran said there is a difference between a professional review of a product, including a movie, and a personal opinion about the...
Kerala High Court Permits Temporary Conversion Of Paddy Land For Highway 6-Laning Project
The Kerala High Court has permitted the temporary conversion of paddy land for the purpose of a Highway 6-Laning Project. Noting that the application for permission to temporarily convert the paddy land in question had been made for a public purpose, the Single Judge Bench of Justice N. Nagaresh observed that non-availability of alternate land is no more a condition or requirement for grant...
CRPF | Govt Order Extending Compassionate Employment By Curing Defects In Earlier Order Applies Retrospectively: Kerala High Court
The Kerala High Court recently held that a Government Order issued to cure the defects of an earlier order will operate retrospectively from the date of the earlier order because the latter Government order can only be treated as curing the defects that existed in the earlier order.A Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed that the government did...
[POCSO] Kerala HC Orders Against Disclosure Of Reports Of DNA Profiling Done On Brother Of Minor Victim Without Consent/Permission Of Court
The Kerala High Court recently directed the State not to disclose the reports of DNA profiling done on a person, whose blood sample was collected without his consent or the permission of the jurisdictional court. The petitioner, who is the brother of the victim girl, was alleged to have committed sexual assault on the latter, and thereby alleged to have committed under Sections 376 &...