Kerala High Court
Preventive Detention Orders Under KAAPA Issued For Maintenance Of Public Order, Not As Punishment: Kerala High Court
The Kerala High Court has reiterated that preventive detention orders under Kerala Anti-Social Activities (Prevention) Act, 2007 (hereafter, KAAPA) are issued for maintenance of public order and not as a penal measure.A division bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas held thus:“The preventive detention law cannot be used as a punitive measure and as a substitute...
MV Act | Insurance Company Can Recover Compensation From Insured If Clear Breach Of Policy Conditions Proved: Kerala High Court
The Kerala High Court recently upheld the right of insurance companies to recover compensation amounts from the insured (vehicle owner) if the driver involved in the motor accident did not have a valid driving license, as long as the insurance company proves its defence under Section 149(2) of the Motor Vehicles Act.Justice C. Jayachandran emphasised that the insurer must establish a clear...
State Vigilance and Anti-Corruption Bureau Can Investigate Corruption Offences Against Central Govt Employees: Kerala High Court
The Kerala High Court recently held that the Vigilance and Anti-Corruption Bureau (VACB) has the authority to register the crime and investigate offences under the Prevention of Corruption Act, 1988 that are allegedly committed by Central Government employees.A Single Judge Bench of Justice Kauser Edappagath noted that there was no special provision in the Prevention of Corruption...
Lord Ganesha Myth Remark: NSS Vice President Sangeeth Kumar Moves Kerala High Court For Quashing FIR Over Prayer Rally
Vice President of the Nair Service Society (NSS) Sangeeth Kumar has moved the Kerala High Court seeking quashing of the FIR registered against him and about a persons for holding a prayer rally to demonstrate against Kerala Assembly Speaker AN Shamseer's remarks about Lord Ganesha, allegedly without permission.Speaking at an inaugural event in a school in Ernakulam, Shamseer reportedly said...
Plea In Kerala High Court Challenges State Awards For Malayalam Films 2022 Alleging Nepotism, Bias
Malayalam Movie Director, Lijeesh M.J., has moved the Kerala High Court seeking the declaration of Kerala State Awards For Malayalam Films & Writings On Cinema 2022 to be set aside. The Director of the Malayalam Movie, 'Aakaashathinu Thaazhe' has alleged that the declaration of the Awards was vitiated on account of bias and nepotism exercised by Ranjith, the Chairman of...
No Consent For Sexual Act When Victim Was Semi Conscious: Kerala High Court Refuses Anticipatory Bail To Accused Under SC/ST Act
The Kerala High Court on Thursday refused anticipatory bail to a college student accused of committing rape upon her junior, after intoxicating her.While the accused claimed they were in a consensual relationship, Justice A Badharudheen noted that prosecutrix, who is a member of a Scheduled Caste community, had alleged that accused forcefully fed her a cake and some water after which she felt...
Kerala High Court Directs Commissioner Of Entrance Exams To Consider Medical Aspirant's Request For KEAM Allotment
The Kerala High Court recently directed the Commissioner for Entrance Examinations to consider the case of a student who had qualified the National Eligibility Cum Entrance Test (UG)-2023 (NEET), but whose name was not included in the final category list of KEAM-2023 on the ground that she did not upload her NEET (UG) Scorecard.Justice P.V. Kunhikrishnan directed the said authority to...
Kerala High Court Weekly Round-Up: July 31 - August 06
Nominal Index [Citations: 2023 LiveLaw (Ker) 361-376]Punjab National Bank & Anr. v. Central Bureau of Investigation & Ors. 2023 LiveLaw (Ker) 361The Oriental Insurance Company Ltd v. Abdul Khader 2023 LiveLaw (Ker) 362S. 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...
Paddy Land Act - 25 Cents To Be Excluded To Compute Conversion Fee Under Section 27A : Kerala High Court
As per a recent Kerala High Court decisions, properties in excess of 25 cents can be converted from paddy land as per Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act by paying by the fee for the land in excess of 25 cents.The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun passed the Order in an appeal filed by the Government challenging the...
Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court
The Kerala High Court on Wednesday clarified that a person, including a stranger to the suit apart from the judgment debtor or those claiming derivative title from the judgment debtor, is competent to challenge a sale of property under Order XXI Rule 90 of the CPC if their interests are affected by the sale.A Division Bench of Justice Anil K Narendran and Justice A Badharudeen added that...
Disciplinary Authority Cannot Take Upon The Role Of Enquiry Officer: Kerala High Court
The Kerala High Court recently quashed the orders in a disciplinary proceeding because the disciplinary officer took upon himself the role of the enquiry officer, found the petitioner guilty and quantified an amount as personal liability. Justice Devan Ramachandran, held thus: “This is because, once the ‘Investigating Team’ had found liability against the petitioner, the matter should...
Principle Of Merger Should Not Be Applied Absolutely In Contempt Cases: Kerala High Court Overrules 2011 Decision
The Kerala High Court on Tuesday held that the principle of merger is not universally applicable to contempt cases and that its application varies depending on the nature of the appellate or revisional order and the statutory provisions conferring jurisdiction. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha added that applying it absolutely could lead to...