Kerala High Court
Contract Implied When Parties Bind Themselves To Specified Terms & Conditions Despite Absence Of Formal Agreement: Kerala High Court
The Kerala High Court recently laid down that even if a formal agreement has not been entered into between the parties, where they have bound themselves to certain specified terms and conditions, it cannot be contended that there is no concluded contract between the parties. While accepting the arbitration request and appointing an Arbitrator for resolving the dispute between M/S Anantham...
Employee Obtains Lien Only In His Parent Department, Cannot Be Allowed To Move Back And Forth Between Two Services: Kerala High Court
The Kerala High Court recently refused permission to an employee governed by the Kerala State and Subordinate Services Rules to move back and forth between two departments. The Court held that an employee obtains statutory lien only in the parent department and once that was invoked, he cannot later seek permission to go back to the borrowing department.Justice Devan Ramachandran...
Ex-Wife’s Claim For Residence In Shared Household Cannot Supersede Decree For Eviction Passed By Competent Civil Court: Kerala High Court
The Kerala High Court recently held that divorced wife cannot 'cling on' to the matrimonial home claiming it to be shared household, superseding the order of eviction passed by a competent Civil Court.Justice A. Muhamed Mustaque and Justice Sophy Thomas held thus:“By the impugned judgment, the Family Court ordered eviction of the appellant from the petition schedule building in accordance...
Plea Filed In Kerala High Court After Vigilance Court Refuses To Order Probe Into Bribery Allegations Against CM Vijayan, His Daughter
A revision petition has been filed in the Kerala High Court against the dismissal of a complaint seeking investigation into the alleged bribery carried out by high ranking public officials of the State in connection with the mining and other business interests of the Cochin Minerals and Rutile Ltd (CMRL) by the Court of the Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha....
WhatsApp Chat Shows Sex Was Consensual, Woman Received 5K After Alleged Incident: Kerala High Court Grants Anticipatory Bail To Rape Accused
The Kerala High Court on Friday granted anticipatory bail to a 46-year old, who was accused of committing gang rape on a woman and transmitting her sexually explicit video online, on finding that the intercourse was consensual in nature, and an amount of Rs. 5,000/- was also paid to the woman after the alleged incident. The prosecution allegation was that the petitioner and the 1st accused...
Daily Wage Workers Entitled To Claim Subsistence Allowance During Suspension: Kerala High Court
The Kerala High Court has held that under the Kerala Payment of Subsistence Allowance Act 1972, a daily wage employee is entitled to subsistence allowance during suspension.Justice Murali Purushothaman observed thus,“Section 2(a) does not exclude a daily wage employee for the purpose of payment of subsistence allowance...Accordingly, I hold that the 1st respondent, a daily wage driver, is...
Man Attempts Suicide In Kerala High Court, Stable
TW: Some readers may find the following content disturbing; Reader's discretion advised.A resident of Thrissur attempted suicide inside the Kerala High Court today, in front of the chambers of Justice Anu Sivaraman.The man was called to the Court in a habeas corpus petition filed by the father of a 23-year-old law student. The father of the detenue girl averred that she had gone missing on...
Award Under Workmen's Compensation Act Doesn't Preclude Reliefs Under Disabilities Act: Kerala High Court
The Kerala High Court recently upheld the order of the Central Administrative Tribunal granting relief to an employee who suffered serious burns during the course of his employment.The Court observed the Chief Commissioner under the PWD cannot finally adjudicate upon the right of the employee to claim compensation. The Court also stated that the employers cannot deny the benefits to an...
Use Of Technology For 'Secretive' Drug-Related Transactions Relevant Consideration While Deciding Bail Plea U/S 37 NDPS Act: Kerala High Court
The Kerala High Court has criticised the use of modern technology for carrying out 'secretive transactions' for obtaining contraband articles and has held that such actions constitute a relevant consideration while deciding applications for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act').Single Bench of Justice Ziyad Rahman A.A. noted that through the...
Kerala High Court Weekly Round-Up: August 28 - September 03, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 433-446] Greik Xavier V Sub Inspector Of Police 2023 LiveLaw (Ker) 433Vinayakumar K.R. v. State of Kerala 2023 LiveLaw (Ker) 434Lalitha V Krishna Pillai 2023 LiveLaw (Ker) 435Dr Raju Antony V Kerala State Council For Science, Technology And Environment And Connected Cases 2023 LiveLaw (Ker) 436Biju Mathew & Anr. v. Deputy Superintendent of...
Kerala High Court Monthly Digest: August 2023 [Citations: 363-440]
Nominal Index [Citations: 2023 LiveLaw (Ker) 363 - 440]S. Surendran v. State of Kerala and K. Sudhakaran v. State of Kerala 2023 LiveLaw (Ker) 363R.S. Sasikumar v. State of Kerala 2023 LiveLaw (Ker) 364Mohandas v. State of Kerala 2023 LiveLaw (Ker) 365Kerala State Legal Services Authority v. State of Kerala 2023 LiveLaw (Ker) 366Dotty Shiby v. State of Kerala & Anr. 2023 LiveLaw...
Kerala High Court Grants Anticipatory Bail To 18-Yr-Old In Consensual Sexual Relationship With 17-Yr-Old
The Kerala High Court yesterday granted pre-arrest bail to an 18 year old boy under Section 438 of CrPC who was alleged to have kidnapped and raped a 17 year old girl. The Court held that the applicant and victim were having consensual sexual relationship and that she went voluntarily with him as they were involved in a romantic relationship.Justice Kauser Edappagath, while allowing...