Kerala High Court
[Eviction Of Tenant] Can't Challenge Order Without Authenticated Copy, Approach Court Under Article 227 For Certified Copy, Injunction: Kerala High Court
The Kerala High Court recently dismissed a plea on a land dispute matter on the premise that the petitioner was yet to obtain a certified copy of the impugned order.The court added that the parties can seek an order under Article 227 of the Constitution, directing the Execution Court to issue a certified copy of the impugned order and grant an order of injunction in their favour to enable...
[Section 228 CrPC] Before Framing Charges, Judges Must Form An Opinion That There Were Grounds To Presume Accused Committed Alleged Offence: Kerala HC
The Kerala High Court has made it clear that before proceeding to frame charges against the accused, the judge has to form an opinion that there was grounds for presuming that the accused has committed the offences alleged against him.It stated that if there were no sufficient grounds, then the judge shall discharge the accused by recording specific reasons for discharge as per Section 227...
Kerala High Court Introduces Continuous Page Numbering Feature For Easy Reference Of Court Documents
The Kerala High Court has introduced a continuous page numbering feature for case documents in the e-filing portal for the purposes of simplifying the process of referencing and navigating through case documents in Courts. The move comes in the wake of CJI Chandrachud's announcement of steps to solve the issue of non-tallying of pagination of copies that often occurs during the pleadings....
NCLT Kochi Order “Preposterous” And “Untenable” Exceeding Jurisdiction In Declaring Tax Assessment Order Void: Kerala High Court
While allowing a Writ Petition, the Kerala High Court bench of Justice Dinesh Kumar Singh recently observed that an Order passed by the National Company Law Tribunal ('NCLT') Kochi Bench was 'preposterous' and 'untenable'. NCLT Kochi had held an Assessment Order by Kerala Value Added Tax ('KVAT') Works Contract Authorities against Albana Engineering (India) Pvt. Ltd. (Respondent 2) to...
[IPC 498A] Kerala High Court Acquits Husband For Abetment Of Wife's Suicide Due To Lack Of Mens Rea, Upholds Conviction For Cruelty
The Kerala High Court acquitted a husband who was accused of abetting his wife's suicide and stated that mens rea was an essential ingredient for sustaining a conviction for abetment of suicide under Section 306 IPC. On the other hand, while upholding his conviction for cruelty, it stated that proof of cruelty for sustaining a conviction under Section 498A IPC would depend upon the conduct...
LPG Distributorship Falls Under Motor Transport Workers Act? Kerala High Court Stays Inspection Note Issued To Gas Agency
The Kerala High Court has given an interim stay against the inspection note issued to the owner of an LPG distributorship on the finding that his gas agency would not qualify as a 'motor transport undertaking' and thus the provisions of the Motor Transport Workers Act, 1961 will not be attracted. The inspection note was issued by the Assistant Labour Officer alleging that the gas agency was...
"Caring For Old People Is Our Greatest Responsibility": Kerala HC Makes Exception For Senior Citizen, Allows Reclamation Of Water-Logged Land To Build House
The Kerala High Court has taken a humanitarian stand and permitted an 85-year-old abandoned woman to construct a residential house on her only property of waterlogged land.“Can this Court dismiss such an application stating that the reclamation of a small bit of land out of the 81 cents of land owned by the petitioner will adversely affect the ecological condition and cultivation in...
Kerala High Court Declines Anticipatory Bail Plea Of Co-Accused In BSNL Co-Operative Society Scam Case
The Kerala High Court recently dismissed the anticipatory bail plea of a 59-year-old lady who was alleged to be the close accomplice of the prime accused in the BSNL Co-Operative Society scam. Justice C.S. Dias was of the view that the petitioner is not entitled to anticipatory bail considering that the investigation is in progress and that her custodial interrogation is necessary. "On an...
Police Officers Accountable To People, Bad Behaviour Will Not Be Countenanced Or Tolerated: Kerala High Court
The Kerala High Court has today made it clear that the police officers were accountable to the people, and their bad behaviour will not be countenanced or tolerated.The Court was also informed by the State Police Chief Shaik Darvesh Saheb who appeared online that an additional circular (Circular. 2/2024/PHQ dated 30.01.2024) was issued for ensuring appropriate behaviour from police...
Writ Jurisdiction Can Be Invoked To Seek Bail In Exceptional Cases To Secure Liberty: Kerala High Court
The Kerala High Court has held that though the writ jurisdiction under Article 226 of the Constitution is not a substitute to the remedy of bail under Section 438 or 439 of CrPC, the same may be invoked in exceptional cases for securing liberty.Justice K Babu observed,“While seeking a relief of bail in a petition under Article 226 of the Constitution, the High Court has to exercise its...
[Masala Bonds Case] Former Kerala Finance Minister Thomas Isaac Moves High Court Challenging Second Summons Issued By ED
The Kerala High Court today considered a petition filed by former Finance Minister Thomas Issac challenging the second summons issued by the Enforcement Directorate in connection with the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB) in relation to the masala bonds case.Justice Devan Ramachandran issued notice to the respondents and posted the matter...
Kerala HC Seeks State's Response In Plea Challenging Constitutional Validity Of S.219AD(5) Of Panchayat Raj Act Enacted Through 2023 Ordinance
A plea has been moved in the Kerala High Court challenging the constitutional validity of Section 219AD(5) of the Kerala Panchayat Raj Act, 1994 ('Act, 1994'), which had been enacted by an Ordinance promulgated by the Governor on December 7, 2023. When the matter was taken up on Monday, the Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen sought the...