Kerala High Court
Food Packing In Plastic Containers Raise Serious Public Health Concerns: Kerala High Court Seeks Response From Food Safety Commissioner
The Kerala High Court has sought the response of the Commissioner of Food Safety on a plea drawing the attention of the Court to the quality and nature of the packing materials being used in the State for serving food articles.The plea was filed seeking action to be initiated on the use of plastic, uncoated papers and newsprints for packing food articles at restaurants.The Single Bench of...
Indian Army Can Grant Family Pension To Ex-Serviceman's Second Wife Even If First Marriage Not Legally Dissolved: Kerala High Court
The Kerala High Court recently held that there was no impediment for the Indian Army in granting family pension to the second wife of a deceased serviceman even if the first marriage was not dissolved legally, as long as the first wife was not interested in the pension.Justice Devan Ramachandran observed that the Indian Army could consider the claim of the second wife since their marriage...
Kollam Doctor Murder: Accused Sandeep Withdraws Bail Plea From Kerala High Court
The bail application moved before the Kerala High Court by Sandeep, sole accused in the brutal murder of the 23 year old house surgeon Vandana Das, was withdrawn today. The Single Bench of Justice Gopinath P. accordingly dismissed the plea as withdrawn."After arguing for some time, the learned counsel for the petitioner seeks permission to withdraw the bail application. Dismissed as...
KVAT Act | Tax Doesn't Apply To Transfer Of Goods But To Transfer Of 'Right To Use' Goods: Kerala High Court
In a significant ruling, the Kerala High Court recently held that the tax under the KVAT Act applied not to the transfer of goods but to the transfer of the right to use goods.A division bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias CP added that the taxable event occurs when the contract for goods delivery is executed, irrespective of whether the transfer...
Govt Funds For 'Noon-Meal Scheme' Inadequate, School Headmasters Forced To Take Personal Loans: Plea In Kerala High Court
The Kerala Pradesh School Teachers' Association and the Headmasters of certain government and aided schools have approached the Kerala High Court seeking a direction to the Director of General Education to absolve the Head Masters from the responsibility of running the 'Noon Meal Scheme' and to entrust the same with an independent agency.The noon-meal scheme was introduced by the Government...
Specific Performance Suit- Parties Can Be Penalized For Delay By Imposition Of Cost, Not By Curtailing Right To Defend: Kerala High Court
The Kerala High Court has held that even if an ex parte decree is passed in a suit for specific performance, the Court has to take a liberal view to advance justice by condoning the delay of defendant and affording the party an opportunity to defend the suit.Justice P Somarajan observed that a party can be penalized for the delay by imposition of cost but, court should not curtail the...
Temple Premises Cannot Be Used For Conducting Mass Drill, Weaponry Training: Kerala High Court
The Kerala High Court has directed the Travancore Devaswom Commissioner and the Administrative Officer of the Sarakara Devi Temple to ensure strict compliance of the prohibition on mass drills and weaponry practices in the temple premises. The Court issued the above direction in a plea alleging illegal encroachment of Sree Sarkara Devi Temple in Thiruvananthapuram by alleged members of...
Electricity Tariff: Kerala High Court Strikes Down Regulation Imposing KSEB Pension Liability On Consumers
The Kerala High Court has held that electricity tariff charged from consumers will not include the amount allocated to the Master Trust, pension fund of Kerala State Electricity Board employees.Single Bench of Justice Murali Purushothaman struck down Regulation 34 (iv) of the the Kerala State Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff) Regulations,...
Kerala High Court Upholds Rape Conviction Of Man Spotted And Identified By Minor Victim In Public Place 1.5 Months After Incident
The Kerala High Court last week held that conviction for rape can be made on the sole testimony of the prosecutrix and no corroboration such as test identification parade would be required if the evidence of the victim was reliable and inspires the confidence of the Court.Justice A. Badharudeen observed thus,“PW5 [prosecutrix] had enough time to have an imprint of the face and features of...
Kerala High Court Weekly Round-Up: September 04 - September 10, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 447-462]Vijay Philip v. Narcotic Control Bureau 2023 LiveLaw (Ker) 447Hindustan Organic Chemicals Ltd. V Lissiama James 2023 LiveLaw (Ker) 448Kerala State Horticultural Products Development Corporation Limited V Sunil Kumar S 2023 LiveLaw (Ker) 449Umesh v. State of Kerala 2023 LiveLaw (Ker) 450M/S Anantham Online Pvt. Ltd. v. Senior...
Litigants Getting Fair Hearing Is Important, Not Number Of Cases Listed: Kerala High Court Dismisses Lawyer's Appeal Against Sitting Judge
The Kerala High Court today dismissed the writ appeal preferred by Advocate Yeshwanth Shenoy against the dismissal of his plea challenging limited listing of cases before the bench of Justice Mary Joseph.A division bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen said listing of cases is a prerogative of the administrative side of the High Court. "The Chief Justice...
'No Positive Act Of Instigation': Kerala High Court Quashes Abetment Of Suicide Case Against Defence Aspirant For "Keeping Away" From Girlfriend
The Kerala High Court recently quashed the criminal proceedings initiated against a Defence aspirant for allegedly abetting the suicide of his college-girlfriend by keeping away from their relationship after passing out. Single bench of Justice K Babu cited plethora of precedents to reiterate that in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit...