Kerala High Court
Kerala High Court Monthly Digest: June 2024 [Citations: 325-396]
Nominal Index [Citations: 2024 LiveLaw (Ker) 325-396]C. Girishdas v Government of Kerala and Others, 2024 LiveLaw (Ker) 325Y. Sleebachan v State of Kerala and Another 2024 LiveLaw (Ker) 326Geetha v State of Kerala, 2024 LiveLaw (Ker) 327M/S. Krishna Holiday Village v The Deputy Commissioner, 2024 LiveLaw Ker 328Prabhakaran P. V State Of Kerala, 2024 LiveLaw Ker 329Suo Moto v Yeshwanth...
Properties Not Connected With 'Proceeds Of Crime' Cannot Be Subject To Attachment Under PMLA: Kerala High Court
The Kerala High Court has held that properties subject to attachment under the PMLA must be properties acquired through proceeds of crime. It stated that provisions of PMLA cannot be unfairly and unreasonably used to attach properties that are unrelated to any criminal activity.In the present case, the petitioner approached the High Court under Article 226 challenging the freezing of...
'Policy Decision': Kerala High Court Dismisses Appeal Against Removal Of Biochemistry And Microbiology Streams From Paramedical Courses
The Kerala High Court has dismissed an appeal filed by Association of Clinical Microbiologists and Biochemists against the removal of B.Sc. Medical Biochemistry and B.Sc. Medical Microbiology courses from the prospectus of professional degree courses and paramedical courses for the year 2018-19, saying that it is a policy decision of the Government.The Division Bench of Justice A....
[Kerala Protection Of River Banks & Regulation Of Removal Of Sand Act] Loading Stationary Vehicle With River Sand Constitutes 'Transport' U/S 23: High Court
The Kerala High Court has held that the term 'transport' in Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereafter, Sand Act) cannot be interpreted to mean that the vehicle must be in motion.Justice Bechu Kurian Thomas stated that the term 'transports sand' would mean the removal of sand from the river bed to the lorry and from the lorry to...
Kerala High Court Weekly Round-Up: June 24 - June 30, 2024
Citations: 2024 LiveLaw (Ker) 378 to 2024 LiveLaw (Ker) 396Nominal IndexAmal v State of Kerala, 2024 LiveLaw (Ker) 378Kishore Kumar J V Additional Chief Secretary & Connected Matter, 2024 LiveLaw (Ker) 379Sakeer v State of Kerala, 2024 LiveLaw (Ker) 380The Federal Bank Ltd. V Federal Bank Officer's Association, 2024 LiveLaw (Ker) 381Sharafudheen v State of Kerala & Connected Cases,...
Kerala High Court Directs State To Stop All Construction For Eco-Tourism Activities On Kuruva Island
The Kerala High Court ordered to stop all construction activities for eco-tourism purposes in Kuruva island until further orders. The Court had earlier ordered for temporary closing of all eco-tourism centres in Wayand, which was after an elephant killed Vellachallil Paul, an eco-tourism employee in Kuruva island.The Court during the hearing on 26th June came to know that sanction has...
Kerala High Court Directs Police Chief To Issue Instructions To Ensure Citizens Are Not Illegally Detained, Arrested Due To Mistaken Identity
The Kerala High Court has directed the State Police Chief to issue suitable instructions to ensure that citizens are not illegally arrested and detained based on the wrong identity.In the facts of the case, the petitioner was wrongly detained and arrested by the police in a case of mistaken identity. Justice Gopinath P. ordered that the identity of persons should be clearly established...
Credit Available On Advance Tax Paid For Stock-Transferred: Kerala High Court
The Kerala High Court has held that the petitioner will be entitled to credit for the entire amount paid in terms of Circular No. 50/2006 for the goods in question, which were stock-transferred to its branch office in Pollachi.The bench of Justice Gopinath P. has observed that a combined reading of the provisions of Circular No. 50/2006 and the definition of input tax in Section 2(xxiii) of...
Officials Of CMRL Prima Facie Liable For Misappropriating Public Money, Cheating General Public: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that officials of Cochin Minerals and Rutile Ltd (CMRL), a public limited company committed cognizable offences under the Prevention of Money Laundering Act, 2002 and cheated the general public by misappropriating large amounts of public money. It was stated that the proceedings based on the Enforcement Case...
Kerala High Court Appoints New Special Commissioner For Sabarimala
The Kerala High Court has appointed Sri. Jayakrishnan R., who is currently the Special Judge for the Trial of Scheduled Caste/ Schedule Tribe (Prevention of Atrocities) Case, Kottarakara as the new Special Commissioner to Sabarimala. This post would be in addition to his duties as a Special Judge.The Division Bench comprising Justice Ail K. Narendran and Justice Harisankar V. Menon passed...
Can Voters Approach SEC Seeking Disqualification Of Elected Members U/S 4 Of Local Authorities (Prohibition Of Defection) Act: Kerala HC To Consider
A plea has been moved before the Kerala High Court challenging Section 4 of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 to the extent to which it excludes voters from filing petitions before the State Election Commission for disqualification of an elected member on the grounds of defection.Justice Mohammed Nias C.P. has sought instructions on the matter from the...
S.311 CrPC | Plea For Examining New Witnesses, Submitting Fresh Documents Should Only Be Allowed To Meet The Ends Of Justice: Kerala High Court
The Kerala High Court observed that a petition filed at a later point seeking a re-examination of a witness, an examination of a new witness or a summons of new documents can be allowed only to meet the ends of justice. It should not be used to fill the lacuna of evidence, to give advantage to one party or as a disguise for a re-trial, the court said.Justice A. Badharudden observed: “The...