Kerala High Court
Kerala High Court Laments Govt's Failure To Disburse Paddy Procurement Dues To Farmers Despite Its Orders
The Kerala High Court recently expressed regret over the State government's failure to clear paddy procurement dues to farmers, despite repeated orders."The failure of the respondents to pay the amounts due to the farmers despite the orders passed by this Court cannot be countenanced. The learned Government Pleader submits that all measures shall be taken to pay the amounts due and he shall...
Kerala High Court Advocate’s Association Passed Resolution To Support Procuring 17.73 Acres Land For HC Development And Expansion
The Kerala High Court Advocate’s Association (KHCAA) passed a resolution today supporting the procurement of land for the development and expansion of the High Court of Kerala. The decision was taken in a meeting conducted by the General Body of the KHCAA on September 4.The KHCAA has decided to support the procurement of 17.73 acres of land located near to the Mangalavanam which is under...
Tanur Custodial Death: Kerala High Court Directs CBI To Take Over Investigation
The Kerala High Court today directed the CBI to take over investigation into the custodial death of 30 years old Tamir Jifri at Tanur Police station in Malappuram last month.Considering the seriousness of the offence, Justice PV Kunhikrishnan directed the Deputy Superintendent of Police Crime Branch to hand over entire case records to the central agency, within a period of one week.Tamir...
Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90(3) CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court to order property attached to be sold and proceeds...
Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. Justice Kauser Edappagath relying upon various Apex Court decisions stated that in...
AI Cameras Don't Violate Citizens' Privacy; All Data Encrypted And No Question Of Leakage: State Defends 'Safe Kerala Project' In High Court
Defending its 'Safe Kerala Project' in the High Court which encompasses installation of AI-cameras on the streets for capturing traffic violations, the Kerala government has assured that there is absolutely no privacy violation by the Project."All the data related to the traffic rule violations are securely stored in the servers at the State Central Control room...programming [of AI cameras]...
District Judge Must Give 'Specific Grounds' For Rejecting Candidates For Addl Govt Pleader/ Addl Public Prosecutor Posts: Kerala High Court
The Kerala High Court recently directed the District Judge, Trivandrum, to reconsider the competence and credentials of lawyers who were found ineligible for appointment as Additional Government Pleaders and Additional Public Prosecutors in the district. Justice Devan Ramachandran observed that the 'specific grounds' that led to opinion of the District Judge with respect to the competence...
Tenant Whose Lease Period Expired Will Be Treated As An Encroacher Under Wakf Act: Kerala High Court
The Kerala High Court recently held that after the lease period is over, a tenant would be treated as an 'encroacher' under the Wakf Act.Justice A. Muhamed Mustaque and Justice Sophy Thomas observed that once the Wakf Act was enacted and no lease subsists, the relationship between the parties will be governed under the Wakf Act and not under the Transfer of Property Act. It observed...
Lack Of Special Rules No Ground For State To Deny Promotion Under Rights Of Persons With Disabilities Act : Kerala High Court
The Kerala High Court recently observed that the provisions of the Rights of Persons with Disabilities Act, 2016, would have to be implemented by State authorities in the context of promotions for persons with disabilities, alongwith the various rulings of the Apex Court governing the field, without inordinate delay. The Bench added that in case effectuating the same required amendment of...
Sharon Murder Case: Accused Greeshma Moves Kerala High Court Challenging Territorial Jurisdiction, Says Alleged Offence Took Place In Tamil Nadu
The Kerala High Court has admitted a plea moved by prime accused in the Sharon Murder case, Greeshma, claiming that courts in Kerala lack the jurisdiction to try the case as the alleged offence took place beyond their territorial limits, in Tamil Nadu.Justice P.V. Kunhikrishnan directed that framing of charges will be deferred for three weeks, in case not already framed.Sharon Raj was...
Decide Representation For Establishment Of AIIMS At Kochi Instead Of Kozhikode: Kerala High Court To Govt
The Kerala High Court on Monday disposed of a public interest litigation seeking establishment of All India Institute of Medical Sciences (AIIMS) in Kochi, by including it in the current phase of Pradhan Mantri Swasthya Suraksha Yojana (PMSSY).A division comprising Chief Justice A. J. Desai and Justice V. G. Arun observed thus:“It would be open for the petitioners to make a representation...
Kerala High Court Dismisses PIL Seeking Abolition Of Kerala Administrative Tribunal
The Kerala High Court on Tuesday dismissed a plea filed in the nature of a public interest litigation (PIL) seeking to abolish the Kerala Administrative Tribunal.The petitioner sought the abolition of the Tribunal on the ground that the objectives of the tribunal, such as reduction of the workload of the High Court and the expenditure incurred by the Government in conducting cases in the...