Kerala High Court
Redeployment To Special Squad Doesn't Take Away Abkari Officer's Authority But He Must Act Within Bounds Of Duties Assigned To Squad: Kerala HC
The Kerala High Court has made it clear that an Abkari Officer already appointed under the Abkari Act will not lose his authority to act as an Abkari Officer upon redeployment to a Special Squad.Justice Sophy Thomas however added that upon redeployment, the officer is expected to act within the bounds defined for the squad.The Special Squad in this case was constituted to prevent and...
Employee Opting Promotion Under Diploma Quota Ineligible For Further Promotion Under Degree Qualification Quota: Kerala High Court
The Kerala High Court has laid down that an employee who had chosen to be promoted under the Diploma qualification Quota would be ineligible for further promotion under the Degree Quota. Justice Raja Vijayaraghavan V. was thus of the considered opinion that the inclusion of such persons in the Seniority List would be illegal. "Respondents 1 to 4 earned their Engineering Degrees while working...
Receipt Of Rent By Landlord After Receipt Of Quit Notice By Tenant Does Not Amount To Waiver Of Quit Notice: Kerala High Court
In a recent judgement, the Kerala High Court clarified that “mere receipt of rent by the landlord, after receipt of quit notice by the tenant, would not be tantamount to waiver of the quit notice, contemplated under Section 113 of the Transfer of Property Act.”Section 113 of the Transfer of Property Act says a quit notice is waived with the tenant's consent, by any act of the landlord...
Assessee Can't Indefinitely Seek Time In Response To SCN: Kerala High Court
The Kerala High Court has held that the assessee cannot indefinitely seek time in response to a show cause notice.The bench of Justice Dinesh Kumar Singh has observed that petitioners cannot go on asking for a time one after another in response to the show cause notice issued one after another. There is no violation of the principles of natural justice.Information was flagged in the case of...
Subjecting Wife To Sexual Perversions Against Her Will Amounts To Physical And Mental Cruelty: Kerala High Court Grants Divorce
The Kerala High Court has made it clear that subjecting a wife to sexual perversions against her will and consent would amount to physical and mental cruelty. It also clarified that perceptions of people vary on sexual perversion and if consenting adults engage in sexual acts out of their free will and consent, it would be their choice and the Courts would not intervene.The Division...
S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court
The Kerala High Court has clarified that a tenant cannot contest an eviction application filed by the landlord under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 unless the admitted arrears of rent are cleared.A two-judge bench of Justice PB Suresh Kumar and Justice Johnson John said the tenant has to pay or deposit with the Rent Control Court or the appellate...
'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother
The Kerala High Court has refused permission to medically terminate the pregnancy of a 12-year-old minor girl who was allegedly in an incestual relationship with her minor brother. It held that medical termination of pregnancy was not an option as the foetus had already reached 34 weeks of gestation and was now fully developed.“The foetus has already reached 34 weeks of gestation and is...
Kerala High Court Explains Inter Se Exchange And Carry Forward Of Reservation For Persons With Disabilities
The Kerala High Court recently clarified the position on inter se exchange regarding vacancies in quota reserved for persons with disabilities.The single judge bench reiterated that if any vacancy reserved for a particular category of benchmark disability cannot be filled due to the unavailability of a suitable candidate with that specific benchmark disability or for any other valid reason,...
Govt Has Right To Decide Applicability Of Rules For Promotion In Its Dept; Courts Cannot Exercise Judicial Review: Kerala High Court
The Kerala High Court recently upheld the decision taken by the State Government in filling the vacancies to the post of Overseer/Draftsman (Mechanical Grade-II) as per the unamended Special Rules applicable in the Water Resources Department ('Special Rules'), by underscoring the right of the Government in deciding the applicable rules governing promotion. Prior to the Amendment of 2010,...
Ad Hoc Service Cannot Be Counted For Financial Upgradation Under Career Progression Schemes: Kerala High Court
The Kerala High Court recently held that an employee without the requisite qualifications for Bosun (Certified) cannot claim promotion to the said post, and that ad hoc service rendered by such employee shall not qualify for fiancial upgradations under the Assured Career Progression ('ACP'), and the Modified Assured Career Progression ('MACP') Schemes. "...we specifically note that the ACP...
Can't Reject Advocates' Notary Applications Summarily Sans Giving Valid Reasons As It Would Cast Stigma On Their Credentials: Kerala HC
The Kerala High Court has made it clear that notary applications of advocates cannot be summarily rejected under Rule 8(1)(c) of the Notaries Rules, 1956 without giving germane and valid reasons.Justice Devan Ramachandran held that notary applications cannot be rejected summarily stating that the number of applicants was higher than the number of vacancies.“Even when the Government has...
Kerala High Court Annual Digest 2023: Part III [Citations 512-766]
Nominal Index [Citations: 2023 LiveLaw (Ker) 512-766]Pathanapuram Taluk Samajam & Ors. v. K.K. Surendran & Ors. 2023 LiveLaw (Ker) 512Mansoor & Ors. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 513V.P. Nandakumar v. Assistant Director 2023 LiveLaw (Ker) 514Cochin Devaswom Board V Union of India 2023 LiveLaw (Ker) 515Prana Educational and Charitable Trust & Anr. v. State...