Kerala High Court
No Organisation/ Association Can Register In Address Of High Court Without Consent: Kerala High Court
The Registrar of Kerala High Court has issued a letter clarifying that no organisation or association will be permitted to get registered at the address of the High Court or the High Court building, unless they provide a consent letter from the High Court.The letter issued by the Registrar also states that organisations or associations that have registered at the High Court or the High...
Kerala High Court Suggests Govt To Come Up With Scheme Incentivising People For Collecting Plastic Waste
The Kerala High Court has suggested the State government to rope in the public in collecting plastic waste by incentivising them for the waste they collect. The Court said the government can test the viability of this project by starting it in any one place. The government can fix a minimum quantity and the rate at which they want to buy clean plastic (plastic which is cleaned and used...
Police Lack Authority To Adjudicate Civil Disputes, Must Refer Parties To Competent Civil Court Or ADR: Kerala High Court
The Kerala High Court has observed that the police lack the power or authority to act as a Civil Court or to adjudicate civil disputes between the parties.Justice Kauser Edappagath observed that the police cannot adjudicate civil disputes relating to title, possession, boundary, or encroachment of land and it can only refer parties in civil disputes to a competent civil court or ADR...
[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC
The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details.The Court...
No Invariable Rule That Prescriptive Easement Right Of Way Can't Be Claimed Over Ridge Of Paddy Fields, Burden Lies On Claimant: Kerala HC
The Kerala High Court has held that there is no absolute rule that prescriptive easement right of way cannot be claimed over ridges of paddy field. However, the Court stated that there is a heavy burden on the user who claims prescriptive easement right of way over ridges of paddy field as a matter of right, rather than as a permissive user.The Division Bench comprising Justice Sathish Ninan...
[Justice Hema Committee Report] Director V K Prakash Moves Kerala High Court Seeking Anticipatory Bail Amid Sexual Abuse Allegations
Film director V K Prakash has moved an anticipatory bail application before the Kerala High Court over sexual abuse allegations made against him after the publication of the Justice Hema Committee Report, which deals with issues (including sexual demands) faced by women in the Malayalam film industry.On publication of the Committee report, several women have come forward making...
Important To Hold Referendum For Multiple Trade Unions To Determine Which Union Commands Bargaining Power: Kerala High Court
The Kerala High Court has held that when there are multiple registered trade unions, it is significant to determine which union must negotiate with the establishment to represent the interests of workmen to maintain industrial peace.It thus directed the Fertilisers And Chemicals Travancore Limited (FACT) to hold a Trade Union Referendum by secret ballot to determine the representative...
Accused Not Entitled To Materials Affecting Privacy Of Sexual Offence Victim On Ground That Her Identity Is Already Disclosed In Public: Kerala HC
The Kerala High Court has recently reiterated that publishing any details which would affect the privacy of a victim of sexual assault is prohibited and to say that since her privacy has been disclosed in public by other publication modes would be enough to give the accused such details, would add "pepper" to the victim's wound.The high court was considering the issue whether the disclosure...
KSFE Entitled To Resort To Revenue Recovery Proceedings Under Kerala Revenue Recovery Act, Not Barred By Chit Funds Act: Kerala High Court
The Kerala High Court has held that the Kerala State Financial Enterprises Limited (KSFE) is entitled to resort to revenue recovery proceedings under the Kerala Revenue Recovery Act 1968 for recovery of dues from subscribers as it has been designated as a notified institution under Section 71 of the Act.Section 71 of the Kerala Revenue Recovery Act provides power to the government to declare...
Kerala High Court Weekly Round-Up: August 19 -25, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 536 – 547]Sham P S v State Bank of India, 2024 LiveLaw (Ker) 536Mary Queens Mission Hospital Versus The Commissioner Of Income Tax (Exemption), 2024 LiveLaw (Ker) 537P.C. Varghese Muthalali v State of Kerala, 2024 LiveLaw (Ker) 538Mary Baby v State of Kerala, 2024 LiveLaw (Ker) 539Ibnu Shijil v State of Kerala, 2024 LiveLaw (Ker) 540P V...
Burden Of Proof To Establish Lack Of Means To Maintain Spouse Lies On Party Who Expresses Such Inability: Kerala High Court
The Kerala High Court held that in a suit for maintenance, it is upon the respondent to prove that he does not have enough means to maintain the claimant. The Court observed that evidence to prove the means of a person will be within his exclusive knowledge and therefore, it is upon him to disprove the claim put by the petitioner.A Division Bench of Justice Devan Ramachandran and Justice M....
Hearing Opportunity Must Be Given To Investigating Officer Before Making Adverse Remarks Against Him To Protect Future Career Prospects: Kerala HC
The Kerala High Court has reiterated that it is a basic requirement under the principles of natural justice to give an opportunity of hearing to an investigating officer before the Court making adverse remarks against him, especially when such remarks could affect his future career prospects.The Court passed the above order while considering an appeal against a Sessions Court order...