Kerala High Court
Stringent Conditions Must Be Imposed Before Releasing Vehicles Seized For Dumping Waste On Public Property: Kerala High Court
The Kerala High Court has directed that stringent conditions, at least in the form of a bank guarantee must be imposed while directing the release of vehicles dumping waste onto public property.The petitioner was alleged to have committed a serious crime of dumping septic waste into a water source and his vehicle was seized. The magistrate dismissed his application for interim custody of...
Uploading Assessemnt Orders After GST Registration Cancellation, Petitioner Failed To Check Website, Kerala High Court Grants Opportunity To Challenge On Deposit
The Kerala High Court has quashed the assessment orders and remanded the matter back on condition of remitting Rs. 10 lakhs towards the GST liabilities.The bench of Justice Gopinath P. has observed that the registration of the petitioner had been cancelled in the month of December 2021, and the petitioner had also stopped business. The assessment orders were issued only in the month of...
Kerala High Court Orders Counselling For Cousins Falsely Accused In POCSO Case, Calls State To Implement Guidelines To Prevent Misuse
The Kerala High Court has allowed the bail applications moved by two boys aged 19 and 20 years old, cousins of a 17-year-old girl who lodged a false POCSO case against them for objecting to her love affair.The petitioners were alleged to have committed rape, sexual assault and outraging the modesty of women. The crime was registered against them alleging commission of offences under...
Compounding Of Offences U/S 67A Of Akbari Act Is Equivalent To S. 320(8) CrPC, Has The Effect Of Acquittal: Kerala High Court
The High Court held that the principle of compounding of offence applicable for Section 320(8) of the Code of Criminal Procedure (Cr.P.C) is also applicable to the compounding of offences under Section 67A of the Abkari Act. Section 320(8) of the CrPC says that compounding will have the effect of acquittal.The petitioners in this case were alleged to possess large quantities of beer in...
Kerala High Court Pulls Up Lawyer For Seeking 'Cheap Publicity' By Filing Meritless PIL Alleging Misuse Of Wayanad Landslide Relief Funds
The Kerala High Court came down heavily on a lawyer who approached the Court with a Public Interest Litigation requesting the establishment of a centralized system for collecting and managing the disaster relief funds meant to aid landslide victims in Wayanad. The petitioner alleged that the funds being collected for the relief of the Wayanad landslide victims, were not reaching the...
Wayanad Landslide: Kerala High Court Appoints Amicus, Calls For 'Holistic Approach' To Avoid Natural Disasters
The Kerala High Court has appointed Senior Advocate Ranjith Thampan as Amicus Curiae to assist it in the suo moto case, initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. noted that while there are numerous legislations and authorities...
Kerala High Court Stops Construction In Hilly Terrain With Steep Slopes
Kerala High Court has ordered interim stay on any construction in hilly terrain with steep slopes. The Division Bench of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu said there is no clarity in the rule allowing such construction. The order was passed keeping in mind the ecological imbalances created by such construction.“We cannot for the time being, allow construction in...
Wayanad Landslides: Plea In Kerala High Court Seeks Disaster Relief Fund Management And Oversight Of House Construction For Victims
The Kerala High Court will be considering a writ petition moved by a lawyer seeking measures from the State Government, Director General of Police, Wayanad District Collector to come up with a centralized mechanism for collection and management of disaster relief funds intended for assisting landslide victims in Wayanad.The plea also seeks directions to ensure that the construction of the...
Wayanad Landslides: Kerala High Court Initiates Suo Moto Case To Prevent And Manage Natural Disasters
The Kerala High Court on the direction of Acting Chief Justice A. Muhammad Mustaque and in response to requests submitted to the Registry, has registered a suo moto case to prevent and manage natural disasters in Kerala.The Court has listed the suo moto proceedings along with the writ appeals and connected cases concerning quarrying and construction activities in Wayanad District.On July...
Jet Santhosh Murder Case: Kerala High Court Acquits 7 Including Two Death Row Convicts, Says Approver's Evidence Not Reliable
The Kerala High Court has acquitted 7 convicts in the murder of gangster Santhosh, also known as Jet Santhosh. Two of the convicts were sentenced to death and others were sentenced to life imprisonment by the Additional Sessions Judge – I, Trivandrum. The Division Bench of Justice A. K. Jayasankaran and Justice Syam Kumar V. passed the order after finding the approver, on whom the...
Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court
The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has granted the liberty to the appellant to prefer a statutory revision before the District Collector against the order, by which the First Appellate Authority...
Kerala High Court Dismisses Election Petition Filed By KPM Mustafa Against MLA Najeeb Kanthapuram
Kerala High Court today dismissed the election petition filed by KP Mohammed Mustafa, the Left Democratic Front (LDF) candidate in 2021 Kerala Legislative Assembly Election from Perinthalmanna constituency. He came second to the United Democratic Front (UDF) candidate and MLA Najeeb Kanthapuram by 38 votes. Mustafa had argued that 348 postal ballots were improperly rejected and those votes...