Kerala High Court
Kerala High Court Weekly Round-Up: April 15 – April 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 244-255]Monson MC @ Monson Mavungal v. State of Kerala 2024 LiveLaw (Ker) 244Leric Reeches v Income Tax Officer 2024 LiveLaw (Ker) 245Sreekumar v. SK Valsalan and anr. 2024 LiveLaw (Ker) 246 Syama M. v. State of Kerala & Ors. 2024 LiveLaw (Ker) 247Nimesh and Anr. v. State of Kerala and ors. 2024 LiveLaw (Ker) 248 Faizal v State of Kerala...
[General Elections 2024] All Safety Measures Taken To Ensure Free And Fair Elections In All Constituencies Across India: ECI Tells Kerala High Court
The Election Commission of India filed a statement dated April 18, 2024 as an undertaking before the Kerala High Court stating that all safety measures and steps have been taken to ensure a free and fair election in all the parliamentary constituencies in India, including Vadakara parliamentary constituency.The statement was filed by the ECI in a writ petition filed by Advocate Praveen Kumar,...
Privacy | Kerala High Court Lays Down Guidelines For DNA Test Of Children Born To Rape Victims And Given In Adoption
The Kerala High Court has held that DNA examination of children born to rape victims who are given in adoption may cause emotional imbalance and violate their right to privacy and hence, Courts shall not entertain DNA examinations of such children.Justice K Babu stated that DNA examination of adopted children would also defeat the sanctity of adoption and thus laid down the following...
Validity Of Orders Not Tested On Basis Of Gain/Loss To Exchequer: Kerala HC Rejects Challenge To Govt Order Granting Preference In Tender Process To Labour Societies
The Kerala High Court has rejected a petition challenging the government orders that grant preference to labour contract societies, stating that the “focus of the executive order, though ultimately related to the award of the contract, is essentially a focus to promote community interest consistent with the policies of the welfare State. Therefore, individual contractors cannot claim parity...
Secured Creditor Can't Proceed Under SARFAESI Act Following Dismissal Of Civil Suit For Recovery On Merits: Kerala High Court
The Kerala High Court has held that a secured creditor cannot proceed with recovery measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act after it chose to file a civil suit seeking recovery of dues, which got dismissed.Justice Easwaran S. stated that the Bank cannot initiate recovery proceedings by ignoring the civil...
Court's Must State Reasons In Order Of Discharge; Cryptic & Non-Speaking Orders Are Not Sustainable: Kerala High Court
The Kerala High Court held that the order of dismissal of discharge should be a reasoned order and not cryptic.“As far as the legal position regarding the essentials of an order of discharge is well settled. While passing an order of discharge by allowing the same or dismissing the same the Courts must have to state reasons for passing such orders and an order without recording reasons in...
Mere Regulatory Or Statutory Control Over District Rifle Association Doesn't Make It 'State' Under Article 12: Kerala High Court
The Kerala High Court held that writ jurisdiction cannot be invoked against the Ernakulam District Rifle Association which is a society registered under a society registered the Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955. The Court stated that a writ petition is not maintainable against a Society registered under the provisions of the Travancore Cochin,...
Centre Notifies Appointment Of MB Snehalatha As Additional Judge Of Kerala High Court
The Central Government has notified the appointment of Smt. Marakkaparambil Bhargavan Snehalatha as Additional Judge at the High Court of Kerala. The Supreme Court Collegium had recommended their name for appointment as Judge on 10 October 2023.A notification was issued by the Ministry of Law and Justice on the 19th of April 2024. The appointment is made for two years with effect from the date...
Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts
A plea has been moved before the Kerala High Court seeking a direction to the Union Government and State Government for the formulation of welfare measures to ensure legal representation of Non-Resident Indians in foreign courts.Justice Shoba Annamma Eapen issued a notice to the Union Government and State Government. The petitioner is a 39-year-old woman who is working in Dubai. Both...
'Thrissur Pooram' One Of Kerala's Biggest Festivals: High Court Modifies Timings In Prohibitory Order Directing Closure Of Toddy & Liquor Shops
A writ petition was filed before the Kerala High Court challenging a prohibitory order dated April 09 issued by the District Collector directing the closure of all Toddy Shops, Beer Parlours, Wine Parlours and Bars to prohibit the sale of liquor and other intoxicants within Thrissur Taluk from 2 am on April 19 to 2 pm on April 20 due to Thrissur Pooram.Justice Shoba Annamma Eapen observed...
Family Members Of Deceased Govt Employee Can't Make Repeated Claims For Compassionate Appointment: Kerala High Court
The Kerala High Court held that authorities cannot be expected to continuously offer appointments on compassionate grounds to the legal heirs of a deceased employee.“It cannot be construed that the scheme of compassionate appointment permits the members of the family to raise repeated claims for appointment. One must remember that the compassionate appointment is not a method of appointment...
Insulting Deceased By Using Abusive Language Will Not By Itself Constitute Abetment Of Suicide: Kerala High Court
The Kerala High Court has allowed an application for anticipatory bail in a matter relating to abetment of suicide, stating that there should be evidence to suggest, prima facie, that the accused intended by such acts to instigate the deceased to commit suicide.“The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment...