Kerala High Court
EPF Pension : EPFO Circular To Fix Higher Pension On Pro-Rata Basis Questioned In Kerala High Court
A retired employee of the Kerala Industrial Infrastructure Development Corporation has moved the High Court challenging a circular of the Employees Provident Fund Organization, implementing pro-rata (in proportion) system for higher pensions for those retiring from September 1, 2014.Petitioner seeks that his pension be calculated by taking an average of 60 months salary as provided under...
S.148 NI Act | Appellate Court Has Discretion To Waive Or Order Deposit Of Minimum 20% Fine But It Must Give Reasons: Kerala High Court
The Kerala High Court has held that the Appellate Court has the statutory discretion to either order a deposit or waive the deposit of the fine or compensation amount under Section 148 of the Negotiable Instruments Act. The Court clarified that since the Appellate Court would be exercising statutory discretion, it would be legally obliged to give reasons for either ordering a deposit or...
[Suit For Partition] Final Decree Court Can Deal With Excess Land Found In Possession Of Parties Along With Extent Covered In Title Deed: Kerala HC
The Kerala High Court has stated that the final decree court in a suit for partition, has the jurisdiction to deal with the excess extent of land found in possession of parties, along with the extent specified in their title deed.A single judge bench of Justice C Jayachandran clarified that “it is well-nigh within the powers of the final decree court to deal with the excess extent of land...
[Sunil Babu Gang Rivalry Murder] Kerala High Court Upholds Life Sentence Of Four Accused For Murder, Acquits Other Accused
The Kerala High Court upheld rigorous life imprisonment imposed upon four accuseds 1 to 4 (Sijith alias Rajan, Arun alias Gabri, Vineeth alias Picha, Arun Mali alias Aneesh) for the offence of murder of CITU worker Sunil Babu due to gang rivalry.The Court also set aside the conviction of rigorous life imprisonment imposed upon accuseds 5 to 8 (Binu alias Kari Binu, Saju alias Kallan Saju,...
Child Facing Prejudice Due To Being Member Of SC Community Can't Be Denied Community Certificate Merely Because Parents Had Inter-Religious Marriage: Kerala HC
The Kerala High Court has stated that a Scheduled Caste Community Certificate cannot be denied to a child born out of an inter-religious marriage merely because her father was a Christian and did not convert to the Hindu Community.The mother of the child belonged to the Pulaya community and approached the High Court against the non-issuance of a community certificate to her minor daughter...
Kerala High Court Dismisses Plea By Former VC Of Sree Sankaracharya University Of Sanskrit Challenging His Removal By The Chancellor
The Kerala High Court has dismissed the appeal of Dr. M. V. Narayanan, Vice Chancellor of Sree Sankaracharya University of Sanskrit against an order of the single judge bench refusing to vacate the order passed by the Chancellor of the university removing the appellant as Vice Chancellor.A division bench of Justices AK Jayasankaran Nambiar and Kauser Edappagath stated that “we are of the...
[Masala Bonds Case] Probe Delayed Due To Non-Cooperation Of Dr Thomas Isaac, Conduct Unbecoming Of Law Abiding Citizen: ED To Kerala High Court
The Enforcement Directorate (ED) has informed the Kerala High Court that its probe into alleged irregularities in masala bonds floated by Kerala Infrastructure Investment Fund Board (KIIFB) is being delayed since August 2022 due to non-cooperation of former Finance Minister Dr Thomas Isaac and officials from the KIIFB.The Court had earlier directed the central probe agency to provide...
Kerala High Court Weekly Round-Up: March 18- March 24, 2024
Nominal Index [Citations: 2024LiveLaw (Ker) 183-200]Sudha V Mohan v The Authorized Officer, 2024 LiveLaw (Ker) 184Jomet and ors. v. State of Kerala and anr., 2024 LiveLaw (Ker) 185 Dr. Laxmy Rajmohan and ors. v. State of Kerala and ors., 2024 LiveLaw (Ker) 186Anilkumar V State Of Kerala, 2024 LiveLaw (Ker) 187N Prakash v P Jayarajan and Anr., 2024 LiveLaw (Ker) 188 Gware Margret Sebina v...
University Can't Assume Role Of College Principal For Cancelling Student's Admission Due To Lack Of Attendance: Kerala High Court
The Kerala High Court stated that a University cannot assume the role of the College Principal to cancel a student's admission on the allegation of lack of attendance. It stated that the role of the university was only supervisory. The Division Bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen observed thus: “As observed earlier, the University's role in...
Don't Commence Vacation Classes Without Court Permission: Kerala High Court To Unaided Minority School
The Principal of an unaided minority senior secondary school has approached the Kerala High Court seeking permission to conduct vacation classes in May for standards IX to XII.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen stated that classes cannot be commenced without obtaining orders from the Court. “If the petitioners want to intimate the...
Vigilance Manual Not Statute, Mere Non-Compliance With Directions For Investigators Doesn't Vitiate Probe: Kerala High Court
The Kerala High Court has observed that the Vigilance Manual is not a statute and was not enacted by the legislature. Thus, it held that mere non-compliance with the Vigilance Manual's directions for investigating officers would not vitiate an investigation.The petitioner was an Assistant Surgeon at Kerala Health Services and was alleged to have committed an offence of criminal misconduct by...
Merely Because Trial Court Failed To Frame Charges In Stipulated Time Doesn't Entitle Accused To Bail Considering Nature & Gravity Of Offence: Kerala HC
The Kerala High Court stated that an accused was not entitled to bail merely because the Trial Court failed to frame charges within a stipulated time. In the facts of the case, the High Court had dismissed the earlier bail application of the accused with a direction to the Trial Court to frame charges within one month and to dispose of the case within six months thereafter. Justice Sophy...