Kerala High Court
Plea In Kerala High Court Challenges Levy Of Court Fee In Cases U/S 138 Negotiable Instruments Act
A petition has been filed before the Kerala High Court challenging the levy of court fees in complaints under Section 138 of Negotiable Instrument relating to dishonour of cheque. The Registrar General of Kerala High Court issued an Official Memorandum directing to collection of the court fee as recommended by the Finance Bill, 2024. This was done by invoking the provisions of Kerala...
If Tehsildar Issues 'Patta' Under Kerala Land Assignment Rules, It Is Implied That All Land Assignment Dues Are Paid: High Court
The Kerala High Court has held that the Kerala Land Assignment Rules (KLA Rules) lay down that patta will be issued by the Tehsildar only if LA dues are paid by the assignee. The Court thus held the cancellation of patta on the ground that the assignee did not pay LA dues as invalid.The issue was decided by Justice K. Babu in a second appeal. The Appellant had initially filed a suit...
Every Breach Of Contract Would Not Amount To Breach Of Trust Or Cheating To Initiate Criminal Proceedings: Kerala High Court
The Kerala High Court has held that each and every breach of contract would not amount to breach of trust unless it is shown that there was an intent to cheat and defraud from the very inception.Justice A. Badharudeen quashed the proceedings against the petitioners on finding that it was a mere breach of contract and not breach of trust. “Each and every breach of contract would not amount...
"No Intent To Harm Reputation": Kerala High Court Quashes Defamation Case Against Editor & Publisher Of Madhyamam Newspaper
The Kerala High Court has quashed proceedings initiated against the editor and publisher of Madhyamam newspaper under Section 499 of the IPC on finding that the alleged news item was published without intention or knowledge to harm the reputation of the complainant.Section 499 of the IPC defines defamation and the essential ingredients to constitute an offence of defamation. Section 500 of...
[Insurance Ombudsman Rules] Rule 17 Empowers Ombudsman To Grant Compensation But Gives No Power To Issue Directions Upon Insurer: Kerala HC
The Kerala High Court held that an Insurance Ombudsman was empowered to pass an Award granting compensation to the complainant but not empowered to issue directions to the Insurer as per Rule 17 of the Insurance Ombudsman Rules, 2017.The Court was considering whether an Insurance Ombudsman could direct the Insurance Company to issue a Medical Insurance Policy to the appellant and his...
Kerala Co-Operative Societies Act | Impleadment Of Legal Representative In Execution Of Arbitral Award Is Not Hit By Limitation: Kerala High Court
The Kerala High Court held that that non – non-impleadment of legal representatives after the death of the judgment-debtor does not abate the execution proceedings with respect to an arbitral award. The requirement in Code of Civil Procedure requiring the legal representative to be impleaded within the limitation period will not apply for execution of arbitration proceedings under...
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...