Kerala High Court
Rule 198 Kerala Co-operative Societies Rules | Managing Committee Not Exclusive Authority To Issue Memo Of Charge: Kerala HC Full Bench
The Kerala High Court last week overruled the decision of the division bench in Kodanchery Service Co-operative Bank Ltd. v. Joshy Varghese (2020), which dealt with the interpretation of Rule 198 of the Kerala Co-operative Societies (KCS) Rules.A Full Bench comprising Justice Alexander Thomas, Justice C Jayachandran and Justice Shoba Annamma Eapen thus revised the interpretation of Rule 198...
Classification Of Dr.Reddy’s Senquel-AD As A Mouthwash Or A Medicament: Kerala High Court Remands The Matter Back
The Kerala High Court has remitted the issue of the classification of Dr.Reddy’s Senquel-AD as a mouthwash or a medicament for fresh consideration.The bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. has directed the authority to follow the decision of the Supreme Court in the case of Collector of Central Excise v/s CIENS Laboratories, in which it was held that if...
KSRTC Can't Use Employees' Pension Contributions To Meet Its Financial Obligations: Kerala High Court Upholds Single Bench Decision
The Kerala High Court recently dismissed an appeal filed by the Kerala State Road Transport Corporation (KSRTC) challenging the Single Judge decision directing KSRTC to deposit both the employees' and employer's contributions to the National Pension Scheme (NPS), and the contributions to State Life Insurance Policy and Group Insurance Accounts within six months.The Division Bench...
Party Seeking Action For Perjury May Approach Forum Where False Evidence Given, No Private Complaint To Jurisdictional Magistrate: Kerala HC
The Kerala High Court recently considered the question as to whether an aggrieved party can file a private complaint under Section 200 Cr.P.C. before the jurisdictional Magistrate in relation to offence of perjury (enumerated in Section 195(1)(b) Cr.P.C.) and answered the same in the negative. Thus in this case where the aggrieved party approached the Magistrate Court with a private...
Relief Under Article 226 Discretionary, Subject To Public Interest: High Court Dismisses Plea Challenging 'Encroachment' By Kochi Metro Rail
The Kerala High Court recently dismissed a writ petition filed by a resident of an apartment developed by the Army Welfare Housing Organisation (AWHO) challenging land occupation by the Kochi Metro Rail Limited (KMRL) observing that the plea had potential adverse effects on public interest.Justice Gopinath P acknowledged that while it is not disputed that KMRL's occupation of private land...
Non-Conduct Of Test Identification Parade Fatal When Witnesses Not Familiar With Accused: Kerala High Court
The Kerala High Court last week held that reliance on the identification testimony without conducting a test identification parade was fatal if the witnesses were not familiar with the accused at the time of occurrence.Justice A Badharudeen added that when the witness is not familiar with the accused, a test identification parade corroborates the testimony of the witnesses. “It is true that...
Nepotism Allegations Against 2022 Kerala State Awards: Director Lijeesh Files Appeal Against Single Judge's Order Dismissing His Plea
Malayalam Cine Director Lijeesh M.J. has moved an appeal in the Kerala High Court against the Single Judge's dismissal of his plea seeking to set aside the declaration of Kerala State Awards For Malayalam Films & Writings On Cinema 2022.The Director of the Malayalam Movie, 'Aakaashathinu Thaazhe', Lijeesh, had filed the plea alleging that the declaration of the Awards was vitiated on...
Awareness About POCSO Will Be Included In School Curriculum Starting From 2024-2025: SCERT Informs Kerala High Court
On Thursday, the Kerala High Court appreciated the efforts taken by Kerala State Legal Services Authority, State Government and the SCERT in taking various steps to create awareness about sexual offences amongst school going children.The Kerala High Court was considering a bail application when Justice Bechu Kurian Thomas noted the increasingly high rate of sexual offences against...
Merely Because PSC Issued Hall Ticket Unaware Of Defective Application, Candidate Has No Right To Appear For Exam : Kerala High Court
The Kerala High Court dismissed the plea by a candidate who sought to be appointed to the post of Assistant Public Prosecutor, and had also been issued a Hall-Ticket by the Kerala Public Service Commission (PSC) aspirant but was denied the opportunity to take the examination at the examination hall on the ground of her original application being defective. Justice Devan Ramachandran observed...
Kerala High Court Weekly Round-Up: August 07 - August 13, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 377-397]National Insurance Co Ltd v. Jareesh & Ors 2023 LiveLaw (Ker) 377Zulu Haris v. Union of India & Ors. 2023 LiveLaw (Ker) 378Deepak K. Balakrishnan v State of Kerala 2023 LiveLaw (Ker) 379State of Kerala v. Navaneeth Krishnan and other connected matters 2023 LiveLaw (Ker) 380 Luciya Francis v State of Kerala 2023 LiveLaw (Ker)...
Mandatory For Magistrate To Examine Approver Before Committal Of Case: Kerala High Court
The Kerala High Court recently held that it is mandatory for the Magistrate to examine an accused who was tendered pardon under section 306(4)(a) of CrPC, prior to committing the case to the Sessions Court.Section 306 of the Code deals with tendering pardon to an accomplice, who turns approver. An approver is also an accused in the crime, but has now agreed to provide details regarding the...
Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court
The Kerala High Court on Wednesday laid down that proceedings initiated under the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) before a Judicial Magistrate of the First Class (JFCM) cannot be transferred to a Family Court. The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar reasoned that the Legislature had been fully conscious in enacting...