Kerala High Court
Kerala High Court Directs Thrissur Corporation To Pay Damages For Demolishing Licensed Bunk Shop Despite Interim Protection Order
The Kerala High Court has ordered Thrissur Corporation to pay Rs. 50,000 damages to a woman whose deceased husband's licensed bunk shop was demolished despite interim protection orders passed by the Court.A single judge bench of Justice A Muhamed Mustaque said it cannot overlook the "high handed action" of the authority but awarded only nominal damages considering that an alternative shop...
“Depictions Of Black Magic Tarnish Family Reputation”: Plea In Kerala High Court Seeks Revocation Of License Of Mammootty's Film 'Brahmayugam'
The Kerala High Court today heard a plea challenging the movie Brahmayugam, specifically the depiction of the lead character 'Kunjumon Potty.The petitioner is the head of Punjamon Illam, a traditional Brahmin household in Kerala. It was stated that the petitioners family lineage, historically engaged in ritualistic practises documented in the book “Aithihymala.”The petitioner claimed that...
Pending Financial Liabilities, Non-Payment Of E-Challans Won't Prohibit Transfer Of Vehicle's Ownership To Wife After Husband's Death: Kerala HC
The Kerala High Court has permitted the transfer of ownership of the vehicles to the successor wife after the death of her husband stating that pendency of financial liability due to the financier and non-payment of amounts due under the e-challans would not stand in the way of the ownership being transferred to the successor.The Division Bench comprising Chief Justice A J Desai and Justice V...
[Masala Bonds Case] Kerala High Court Declines To Interfere With ED Summons Issued To KIIFB, Former Finance Minister Dr Thomas Issac
The Kerala High Court has refused to intervene in two pleas by Kerala Infrastructure Investment Fund Board (KIIFB) and by former Finance Minister Dr Thomas Issac challenging the summons issued to them by the Enforcement Directorate (ED) in relation to the masala bonds case.Earlier, the Court had directed KIIFB to respond to the summons issued by ED for the production of certified copies...
[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction
The Kerala High Court has stated that the prosecution has to examine a witness who had direct knowledge regarding the transaction, issuance and execution of the cheque to prove dishonour of the cheque.The appellants approached the High Court with a criminal revision petition against the conviction in a cheque dishonor matter under Section 138 NI Act where the cheque was dishonoured for want...
Wild Animals Strike Human Settlements Irrespective Of State-Borders: Kerala High Court Calls For Cooperation With Karnataka And TN Govts
The Kerala High Court has urged the State governments of Kerala, Karnataka and Tamil Nadu, which share forest covered borders, to act in tandem against the rising issue of man-animal conflict,The bench of Justice AK Jayasankaran Nambiar and Justice Gopinath P was dealing with a suo motu case on the issue when an incident was brought to its notice whereby a Wayanad resident was attacked within...
Did You Seek Explanation From CMRL? First Show Your Bonafide: Kerala High Court To KSIDC On Plea Against SFIO Probe
The Kerala State Industrial Development Corporation Ltd (KSIDC) has approached the Kerala High Court seeking to be removed from the investigation conducted by the Serious Fraud Investigation Office into Exalogic Solutions, an IT company owned by CM Pinarayi Vijayan's daughter, which is allegedly involved in CMRL bribery case.It was alleged that CMRL was involved in corruption, and handed...
Kerala High Court Weekly Round-Up: February 5 - February 11, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 88-105]Radhika v. Unnikrishnan 2024 LiveLaw (Ker) 88Deputy Commissioner (Works Contract), Kerala State Goods and Services Tax Department vs. National Company Law Tribunal 2024 LiveLaw (Ker) 89Shinoj Singh & Ors. v. State of Kerala 2024 LiveLaw (Ker) 90Sreeranj v State of Kerala 2024 LiveLaw (Ker) 91K. G. Mohandas v Central Bureau Of...
Defection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High Court
The Kerala High Court has held that if an election petition filed before the Election Commission within statutory period is withdrawn, the same will be sufficient cause for another person to seek condonation of delay in moving the subsequent election petition."Once an original petition is filed before the Election Commission alleging defection within a statutory period and suppose the party...
Kerala HC Directs Guruvayoor Dewasom Managing Committee To Take Proper Care Of Elephants At Punnathur Anakotta, Says Any Violations May Amount To Cruelty
The Kerala High Court has directed the Guruvayur Devaswom Managing Committee and its officials to ensure that elephants in Punnathur Anakkotta are properly taken care of in accordance with law. It said:“The 1st respondent Guruvayur Devaswom Managing Committee and its officials shall ensure that there is proper care to all elephants of Guruvayur Devaswom in Punnathur Anakkotta, in...
No Wife Expected To Sacrifice Her Physical, Mental Health For Sadistic Pleasure Of Partner: Kerala High Court Declines Husband's Divorce Plea
The Kerala High Court has refused dissolution of marriage in a matrimonial appeal preferred by the husband on grounds of alleged cruelty, desertion and non-fulfilment of marital obligations by the wife, stating that a wife cannot be expected to tolerate husband's acts of cruelty by sacrificing her physical and mental health.The appellant (husband) had approached the High Court challenging...
Kerala High Court: Transfer Of Loan Account To Asset Reconstruction Company Won't Amount To “Conveyance” Under Section 2(D) Of Kerala Stamp Act, 1959
While dismissing a Writ Petition, the Kerala High Court bench of Mr. Justice N. Nagaresh recently observed that the transfer of a loan account by a Bank/Financial Institution to an Asset Reconstruction Company ('ARC') would not amount to “conveyance” as defined in Section 2(d) of the Kerala Stamp Act, 1959 ('Stamp Act'). Background Facts: Abdul Azeez (Petitioner), a Class...