Kerala High Court
Plea In Kerala High Court Challenges Appointment Of IAS Officer B Ashok As Agricultural University's Vice Chancellor
The Kerala High Court has issued notice on a writ petition questioning the qualifications of IAS officer Dr B Ashok who was appointed as the Vice Chancellor of Kerala Agricultural University earlier this year.The plea has been moved by a member of the General Council of the University, stating that Dr Ashok does not possess the requisite qualifications prescribed by the UGC for holding the...
Order VIII Rule 6 CPC | Can't Reject Counter Claim If Omissions Pointed Only At Appellate Stage, Not During Trial: Kerala High Court
The Kerala High Court has held that counterclaims have to be filed in accordance with the procedure prescribed under Order VIII Rule 6A-6G of CPC and any omissions in form and content of counterclaims has to be pointed by the opposite party at the trial stage itself.Justice A. Badharudeen observed that if the omissions in counterclaims are pointed out at the appellate stage after the trial,...
Res Judicata | Civil Court Cannot Grant Liberty To File Fresh Suit On Same Cause Of Action While Drawing Decree On Merits: Kerala High Court
The Kerala High Court recently declared that it would be impermissible for a civil court to grant liberty to file a fresh suit on the same cause of action while drawing a decree on its merits, or to remove any statutory bar in instituting a fresh suit on the same cause of action.Justice P. Somarajan, explained that liberty to file a fresh suit could be granted only under Order XXIII Rule 1 and...
Hereditary Trustees Can Be Employed In Temples Upon Relinquishing Trusteeship: Kerala High Court
The Kerala High Court on Thursday ruled that a hereditary trustee or a member of the family with a hereditary right of trusteeship is not barred from being appointed as an employee in the temple as long as they relinquish their claims to trusteeship before applying.A division bench of Justice Anil K Narendran and Justice P.G Ajithkumar discussed the social reality that hereditary...
State Obligated To Maintain Confidentiality Of HIV Patients Availing Govt Schemes, Right To Privacy Constitutional Guarantee: Kerala High Court
The Kerala High Court has sought the response of the State government on steps taken to ensure that confidentiality of persons infected with HIV is not prejudiced while availing the benefits of a Government Order granting them Rs. 6,000/- largesse every 6 months.Justice Devan Ramachandran observed that since right to privacy is a constitutional guarantee, the government is obligated to...
Hepatitis-B Patients Can't Be Denied Civil, Public Employment: Kerala High Court Seeks Protocols Against Discrimination
The Kerala High Court has recently held that a person cannot be denied employment opportunities in the civil or public sector merely on account of Hepatitis- B or HIV infection.Justice Devan Ramachandran declared that the denial of employment to an infected person was discriminatory and that such practice in this era shocks the collective conscience of the society. “One can certainly...
'Punishment Before Conviction Anti-Thesis Of Rule Of Law': Kerala High Court Grants Bail To Managing Director In Popular Finance Scam
The Kerala High Court on Thursday granted bail to the Managing Director of Popular Finance, Thomas Daniel, who is alleged to have committed offences under the Prevention of Money Laundering Act, 2002 (PMLA). Daniel had been accused of cheating several depositors by collecting fixed deposits without authority, after promising to pay interest and thereafter failing to pay the interest and...
Non-Compliance With Centre's MSME Framework Does Not Nullify An NPA Declaration Under SARFAESI Act: Kerala High Court
The Kerala High Court recently held that the ‘Framework for Revival and Rehabilitation of Micro, Small and Medium Enterprises' issued by the Centre in 2015 is only optional and that its non-compliance does not render an NPA declaration void.The said Framework outlines a procedure for banks to follow before declaring an MSME's account as an NPA (Non-Performing Asset).Justice Bechu Kurian...
[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
The Kerala High Court recently lamented the condition of children caught in custody battles between their parents. "In the wrangling between the mother and the father, often interest of the children are not properly represented," said a Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas.The Court therefore made an unprecedented direction for appointment of...
Kerala High Court Directs Counselling Of Parents, Sibling Of 21-Yr-Old Trying To 'Find Her Proper Gender Identity'
The Kerala High Court on Wednesday directed the counselling of the parents of a 21-year-old individual, who is seeking help from a Community Organisation to find her real 'gender identity'.The Division Bench comprising Justice Anu Sivaraman and Justice C. Jayachandran directed that the family be sensitized about Transgender persons by an expert, to be identified by the District Legal...
'Entire Evidence Cooked-Up': Kapil Sibal Argues For Lakshadweep MP In Kerala High Court Seeking Suspension Of Conviction & Sentence
The Kerala High Court has commenced re-hearing on the suspension of conviction and sentence of Lakshadweep MP Mohammed Faizal and three others in a case of attempt to murder. The matter was recently remanded back to the High Court for reconsideration by the Supreme Court.Today, the re-hearing of the matter commenced before Justice N.Nagaresh. Senior Advocate Kapil Sibal appeared for...
[Order 32 Rule 15 CPC] Few Irrational Answers Insufficient To Qualify One As Mentally Unfit, Enquiry Should Be Pragmatic: Kerala HC
The Kerala High Court while considering the scope of the term ‘enquiry’ by the Court under Order 32 Rule 15, observed that the courts cannot merely find a person to be suffering from a mental disorder based on a few irrational answers given by him.Justice P. Somarajan added the courts should adopt a more practical approach and seek medical evidence or expert opinion to determine their...