Kerala High Court
'Not Providing Free Medical Relief': Kerala High Court Dismisses Lisie Hospital's Plea Seeking Building Tax Exemption
The Kerala High Court recently dismissed the Appeal preferred by Lisie Hospital, claiming building tax exemption in respect of one of its buildings constructed in the year 2013. The Apex Court in February 2023, had remanded the matter to the High Court for decision on the factual aspects of the case, after clarifying that the term 'charitable purposes' in Section 3(1) of the Kerala Building...
Kerala High Court Directs Police To Serve Section 41A CrPC Notice To Shajan Skariah Before Arrest In Cases Against Him
The Kerala High Court on Wednesday directed that Shajan Skaria, editor of YouTube channel Marunadan Malayali, shall not be arrested without first issuing a notice under Section 41A Cr.P.C. or a notice intending to arrest stating a non-bailable offence against him. The Court further directed that such notice shall grant Skaria 10 days' time.The Court passed the order while considering the...
Kerala High Court Warns Religious, Political Bodies Against Obstructions On Public Roads
The Kerala High Court recently urged religious and political organisations in the State to strictly comply with its earlier directives preventing obstruction of pedestrian and traffic movement on public roads during festivals and protests.In the earlier judgment, a Division Bench of Justice Anil K Narendran and Justice P.G Ajithkumar had highlighted the need to maintain roads...
Right Of Lateral Support Available To Neighbouring Owner Only So Long As He Keeps His Land In Its Natural State: Kerala High Court
The Kerala High Court was recently faced with the question as to whether the removal of soil by a landowner, subsequent to the institution of a suit, would disentitle such landowner from raising a claim for easement right of lateral support from his neighbour's land.The Single Judge Bench of Justice P.G. Ajithkumar took the view that if the unexcavated portions of the plaint schedule property...
S.29A(4) Arbitration Act | Courts Can Extend Arbitrator's Mandate Without Parties' Consent: Kerala High Court
The Kerala High Court recently held that the mandate of an arbitrator can be extended under Section 29A(4) of the Arbitration and Conciliation Act, 1996, even if the parties have not extended the period by consent.Justice Murali Purushothaman thus revived and extended the arbitrator's mandate to allow for the completion of the arbitral proceedings."Sub-section (4) of Section 29A deals with...
Lack of Awareness Or Communication Not A Valid Ground To Challenge Lok Adalat Award: Kerala High Court
The Kerala High Court recently held that being unaware of the contents of a Lok Adalat award or not being communicated of the same is not a valid ground to challenge the award. Holding so, Justice Mohammed Nias C.P. dismissed a petition challenging the award issued by the Lok Adalat in a divorce and maintenance case."The ground that she was not aware of the contents of the compromise and that...
'No Deceitful Intention': Kerala High Court Quashes Cheating Case Against Cancer Patient Who Failed To Clear Loan Taken Against Sister's Property
The Kerala High Court last week quashed criminal proceedings initiated by a woman against her brother and a relative (the 1st and 2nd accused, respectively), who failed to repay a loan taken against her property for the 1st accused person's cancer treatment.Justice A. Badharudeen observed that accused-petitioners failure to fulfil the terms of the contract to repay the amount and to discharge...
Legal Heirs Of Deceased Original Plaintiff Need Not Be Separately Impleaded In Counter Claim: Kerala High Court
The Kerala High Court recently held that legal heirs of the deceased original plaintiff need not be separately impleaded as counter claim defendants, in order for the counter claim not to stand abated. Justice P. Somarajan explained that a counter claim ought to be treated as a plaint and governed by the rules applicable to plaints by virtue of sub-rule (4) of Rule 6A of Order...
Kerala High Court Weekly Round-Up: July 10 To July 16
Nominal Index [Citations: 2023 LiveLaw (Ker) 316 - 330]XXX v. YYY & Anr. 2023 LiveLaw (Ker) 316State of Kerala v. Arumugham and connected matters 2023 LiveLaw (Ker) 317Abdul Jabbar v. Khadeeja Beevi & Ors. 2023 LiveLaw (Ker) 318Smrithy George v. State of Kerala & Ors. 2023 LiveLaw (Ker) 319K. Suresh Kumar v. State of Kerala & Ors. 2023 LiveLaw (Ker) 320Arun A. v. Marriage...
Kerala High Court Grants Interim Bail To Murder Accused To Visit His Ailing Mother
The Kerala High Court recently granted interim bail to a murder accused to enable him to visit his ailing mother and consult his lawyer. Justice P.V Kunhikrishnan noted that the petitioner is already serving a prison sentence in another case, while granting one week of interim bail to him. "It is an admitted fact that the petitioner is convicted in another case and is undergoing imprisonment....
Kerala High Court Grants Bail To Litigant Who Vandalized Family Court Judge's Car
The Kerala High Court on Friday granted bail to a litigant who had made headlines for vandalising the car used by a Thiruvalla Family Court Judge. Justice Ziyad Rahman A. A granted bail to the petitioner considering that he had been in custody since mid-June without entering any findings on the merits of the case. The prosecution case is that the petitioner, who was involved in divorce...
Kerala High Court Directs KIRTAD To Hear BCom Student Seeking Community Certificate On Basis Of Mother's Caste
The Kerala High Court on Monday set aside the reports prepared by the Kerala Institute for Research Training and Development (KIRTAD) recommending against grant of community certificate to a 19 year old B.Com student born to an inter-religious couple. Petitioner's mother belonged to 'Paniya' community, a recognized Scheduled Tribe community and father to Orthodox Syrian Christian. She claimed...