Kerala High Court
Halt Construction Of CPI(M) Offices In Idukki If Found Violative Of Orders Of Revenue Authorities: Kerala High Court To Collector
The Kerala High Court on Tuesday directed the construction of the CPI(M) Offices in Udumbanchola taluk, Idukki, to be immediately stopped, if found to be in violation of the orders of the revenue authorities. The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas was considering a 2020 petition pertaining to matters of Munnar. The order was passed on being apprised...
Mere Retention Of Blank Signed Cheques Without Misappropriation Does Not Attract Criminal Breach Of Trust: Kerala High Court
The Kerala High Court recently held that mere retention of blank signed cheques by the entrusted person without any misappropriation cannot fall within the ambit of criminal breach of trust under Section 405 of the IPC.Justice Raja Vijayaraghavan V held added that for attracting the offence of criminal breach of trust, the entrusted person must misappropriate or dishonestly use the...
Employee Leaving Service On Retirement Or Resignation Has No Right To Claim Leave Encashment Unless Enabled By Statute: Kerala High Court
The Kerala High Court recently held that an employee who leaves his service either on retirement, voluntary or otherwise, or on resignation, would have no vested or inherent right to claim leave encashment, unless it is otherwise enabled by the statute, rules, or norms regulating the conditions of service.The Division Bench comprising Justice Alexander Thomas and Justice C. Jayachandran, made...
Vehicles With Extensive Modifications Endanger Road Safety: Kerala High Court To Pass Detailed Order
The Kerala High Court on Monday orally remarked that the use of extensive modifications on vehicles could endanger public lives and significantly undermine road safety. The division bench of Justice Anil K. Narendran and Justice P.G Ajithkumar suggested that appropriate action could be taken by the police officials to address this issue, including potentially taking custody of these...
Kerala Education Rules | Employees Facing Disciplinary Action For Unauthorised Absence Cannot Rejoin Duty: High Court
The Kerala High Court recently held that an employee who has been in unauthorized absence from service and against whom disciplinary proceedings have already been formally initiated cannot be allowed to rejoin the duty.Justice Viju Abraham added that disciplinary proceedings are considered initiated only upon the issuance of the memo of charges and in such cases, it might impact the...
Actor Assault Case: Kerala High Court Reserves Order On Survivor's Plea For Court-Monitored Probe Into Leakage Of Visuals
The Kerala High Court on Monday reserved for orders the plea filed by the survivor in the 2017 actor assault case seeking a court-monitored investigation into the leakage of visuals from the Memory Card, and the change in hash value of the memory card thereof, that was kept in court custody. Justice K. Babu, while reserving the matter for pronouncement of verdict, also appointed...
Antiquities Act Doesn't Restrict Right Of A Person To Own Or Possess An Art, Artifact Or Antiquity: Kerala High Court
The Kerala High Court last week held that Antiquities and Art Treasures Act, 1972 (Antiquities Act) does not restrict a person’s right to hold any antiquity such as an idol, irrespective of its age.Justice Bechu Kurian Thomas held thus:“….it is evident that the Antiquities Act does not restrict the right of a person to own or possess an art, artifact or an antiquity. If an antiquity...
Kerala High Court Weekly Round-Up: August 14 - August 20, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 398-417] Sajith N.K. v. Jishabai Puthukudi & Anr. 2023 LiveLaw (Ker) 398Mattanur Co-operative Rural Bank Ltd. v The Co-operative Arbitration Court 2023 LiveLaw (Ker) 399Adv. Hasna Mol N.S. v. Secretary, Kerala Public Service Commission & Ors. 2023 LiveLaw (Ker) 400Managing Director, KSRTC & Anr. v. S.A. Suneesh Kumar & Ors....
When Statute Enables Withdrawal Of Voluntary Retirement, Employers Shouldn't Act With Undue Haste & Refuse It: Kerala High Court
The Kerala High Court recently laid down that a request for withdrawal of an application for voluntary retirement that is made within five days of submitting such application, as enabled by Rule 48-A(4) of the CCS (Pension) Rules, 1972, cannot be refused on any premise. Rule 48-A (4) precludes withdrawal of a notice seeking voluntary retirement except with the specific approval of the...
Mere Lack Of Motive In Absence Of Proof Of 'Legal Insanity' Will Not Attract Exception Of Unsoundness Of Mind U/S 84 IPC: Kerala High Court
The Kerala High Court yesterday held that every person who is mentally diseased is not ipso facto exempted from criminal responsibility. Court added that mere lack of motive will not bring a case within the ambit of Section 84 of the IPC to take general exception of unsoundness of mind.A Division bench comprising of Justice P.B. Suresh Kumar and Justice C.S. Sudha held that intent and act...
Supreme Court Collegium Recommends Appointment Of Justice CS Sudha As Permanent Judge Of Kerala High Court
The Supreme Court Collegium, headed by Chief Justice D.Y. Chandrachud, has recommended the appointment of Additional Judge of the Kerala High Court, Justice C.S. Sudha, as a permanent judge.The Collegium has consulted with Judges of the Supreme Court who were conversant with the functioning of the High Court of Kerala. Based on evaluation, the Collegium noted:“With a view to assess the...
Rigour Like S.37 NDPS Act Not Even Prescribed For Grant Of Bail To Murder Accused, Such Is Impact Of Drug Abuse On Society: Kerala High Court
The Kerala High Court recently held that there must be strict implementation of the provisions of the Narcotic Drugs and Psychotropic Substances Act (NDPS) Act, as majority of such cases coming before it involve young persons, adversely impacting the potential growth of the country.Justice Ziyad Rahman A.A pointed that stringent conditions are stipulated by the legislature for grant of bail...