Kerala High Court
[Veterinary Student Death] Accused Students Being Probed By CBI Move Kerala High Court Seeking Bail
College students implicated as accused in the suicide of Sidharthan J S, a veterinary student, have approached the Kerala High Court seeking bail. Sidharthan was a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad who allegedly committed suicide on February 18, 2024, because of ragging and brutal...
Sanction To Prosecute Public Servant Issued After Reconsideration Of Evidence Can't Be Rejected Merely Due To Refusal Of Previous Sanction: Kerala HC
The Kerala High Court has stated that a sanction to prosecute public servants issued after reconsideration of the evidence submitted cannot be rejected on the grounds that the previous sanction was refused by the competent authority. “In the present case, the competent authority in the Government refused sanction to prosecute the public servant including accused No.2 which compelled...
[Coastal Zone Regulations] Kerala High Court Directs Authority To Only Consider Request For Construction Of Buildings After Approval Of 2023 Cadastral Map
The Kerala High Court directed the Kerala Coastal Zone Management Authority or other competent authorities to consider or reconsider the sanction request for the construction of buildings only after approval of the 2023 Cadastral Map by reducing the distance of 200 metres in CRZ- III to 50 metres. “As an upshot of my findings, I allow all other writ petitions, quash the impugned notices, in...
NHAI Arbitration| Landowner Can Seek Appointment Of An Expert Commissioner To Determine True Value Of Property: Kerala High Court
The High Court of Kerala has held that a landowner dissatisfied with property categorization by Competent Authority for Land Acquisition (CALA) can request an Expert Commissioner's appointment to ascertain the property's actual value.The bench of Justice Viju Abraham held that an arbitrator cannot dismiss a landowner's application under Section 26 for an expert commissioner's appointment...
'Belated, Inconsistent Pleas': Kerala High Court Dismisses Review Petition Claiming Possession Over Govt Held Land After 70 Yrs
The Kerala High Court dismissed a review petition stating that a litigant cannot take inconsistent pleas before the Court without being vigilant of his rights.In the facts of the case, the petitioner has approached the High Court with a review petition against a judgment dated February 19, 2024, rendered in a writ petition of 2015 involving a property dispute. In review, he claims ownership...
Kerala High Court Weekly Round-Up: April 22 – April 28, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 256-270]Cherian Varkey Construction Company (Pvt.) Ltd. and ors. v. State of Kerala and ors. 2024 LiveLaw Ker 256 Jasmin K v State Bank of India 2024 LiveLaw Ker 257Adv K Praveen Kumar v The Election Commission of India 2024 LiveLaw Ker 258Jose Joseph and ors. v. State of Kerala and ors. 2024 LiveLaw Ker 259 Thomas @ Manoj EJ v. Indu S 2024 LiveLaw...
Financial Activity Can't Glissade Into Situation Where Its Operations Become Impossible: Kerala HC Issues Directions On Status Of Nidhi Companies
The Kerala High Court recently held that any financial activity ought to be regulated reasonably within the ambit of law, and it cannot glissade into a situation where its operations become impossible, or are defeated by oppressive or impossible restrictions and regulations. The High Court held so while finding force in the apprehensions of the “Nidhi Companies” that amendment...
Co-operative Society Employees Entitled To Benefits Under Labour Welfare Legislations Like Minimum Wages Act, Maternity Benefit Act: Kerala HC
The Kerala High Court has held that employees working under the Kerala Co-operative Society Act are entitled to benefits under labour legislations- Kerala Shops and Commercial Establishments Act, 1960, the Minimum Wages Act, 1948, the Maternity Benefit Act, 1961 and the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958.Justice Murali Purushothaman stated that the...
Registration Authority Can't Insist For Fitting Of Sensors To Pneumatic Doors In Buses Used As Stage Carriages: Kerala High Court
The Kerala High Court has held that registration authorities should not insist on fitting of sensors to pneumatic doors in buses used as stage carriages since it is not mandated under Rule 280 of the Kerala Motor Vehicles Rules, 1989 and Chapter VI of the AIS-052 (Rev.1).Rule 280 of Kerala Motor Vehicles Rules deals with the entrance and exit of stage carriages and Clause 6.5 of AIS-052...
Kerala High Court Stays For 2 Months Cheruvally Estate Acquisition For Sabarimala Greenfield Airport
The Kerala High Court has ordered status quo for two months on acquisition of the Cheruvally Estate in Kottayam for construction and development of the Sabarimala Greenfield Airport.Justice Viju Abraham passed the interim order in a petition filed by the estate's owner Ayana Charitable Trust and its managing trustee, opposing the government notification under Section 11(1) of the Right to...
'Not Rarest Of Rare': Kerala High Court Refuses To Impose Death Sentence On UP Native Narendra Kumar For Triple Murder
The Kerala High Court has declined to impose death sentence upon Narendra Kumar, a native of Uttar Pradesh convicted for committing triple murders in Kottayam on May 17, 2015.He was convicted under Section 302 IPC and sentenced to the death for the brutal murder of his employer Praveenlal and his parents Lalasan and Prasannakumari.The Division Bench comprising Justice A.K. Jayasankaran...
Justice MB Snehalatha Sworn-In As Additional Judge Of Kerala High Court
Justice MB Snehalatha was sworn in as an additional judge of the Kerala High Court today. The oath of office was administered by Chief Justice A J Desai. Speakers at the occasion included AG Gopalakrishna Kurup and the KHCAA President.The Supreme Court collegium had recommended her elevation in October 2023 and the Central government notified her appointment in April 2024.Born on May 31, 1964...