Kerala High Court
S.274 Companies Act | NCLT Can Only Direct Company & Not It's Shareholders To File Written Statement & Objections During Winding Up: Kerala HC
The Kerala High Court recently laid down that the National Company Law Tribunal (NCLT) can only direct the Company to file its objections along with the statement of affairs when a petition for winding up of the Company before the Tribunal had been filed by any person other than the Company itself. Justice C. Jayachandran, passed the order on perusing Section 274(1) of the Companies Act,...
Parties Cannot Be Penalised For Belated Issuing Of Certified Copy By Family Court: Kerala High Court
The Kerala High Court observed that belatedly issuing a certified copy of an order cannot be a reason to penalize the parties, who have done no wrong.In the facts of the case, the Family Court issued the order for maintenance to be paid under Section 125 CrPC from the date of filing the petition, April 19, 2005. The application for a certified copy was filed on June 26, 2007, but the...
Pala Nun Murder | Kerala High Court Confirms Accused's Murder Conviction; Sets Aside Rape Charge
The Kerala High Court on Monday confirmed the conviction of the 38 year old accused of murdering a sexagenarian nun in the year 2015 under Section 302 of IPC. The Division Bench comprising Justice P.B. Suresh Kumar and Justice Johnson John discerned that the circumstantial evidence adduced by the prosecution established beyond doubt that the accused had caused the death of the nun, although...
Contempt Action Can Be Initiated Against Banks If They Reduce Credit Ratings Of Farmers Solely On Account Of PRS Loan: Kerala High Court
The Kerala High Court on Monday observed that banks cannot reduce credit ratings of farmers solely on account of Paddy Receipt Sheet (PRS) loan.On the last hearing, the court had sought instructions from the State and Supplyco (Kerala State Civil Supplies Corporation), as to why they could not issue an order and inform banks that credit rating of farmers should not be reduced on account of...
Kerala High Court Pulls Up Magistrate For Dismissing Bail Plea When Application To Quash Proceedings U/S 482 CrPC Was Pending Before HC
The Kerala High Court recently took exception to a Magistrate for dismissing a bail application when a plea was already pending before the High Court for quashing the proceedings. Justice P.V. Kunhikrishnan expressed his dissatisfaction towards the Magistrate for dismissing the plea for bail in the present circumstances. The petitioners had been accused of trespassing into the house of the...
Telegraph Act | Compensation For Damages Not Confined To Initial Cutting Of Trees, But Any Continuing Causes Of Action: Kerala High Court
The Kerala High Court has clarified that under Section 10(d) of the Telegraph Act, 1885, the compensation for damages sustained by landowners is not confined to the initial cutting of trees, but also if any further work in the property results in damages to the landowner. "By using the terminology 'any damage' the legislature has consciously widened the landowners' right to claim...
[Kerala Building Tax Act] District Collector Can Exercise Revisional Power Against Assessment Order: Kerala High Court
The Kerala High Court observed that as per Section 13 of the Kerala Building Tax Act 1975, the District Collector may exercise revisional power against an assessment order. The Court made it clear that the revisional power of the District Collector was not just limited to an order passed in appeal by the Revenue Divisional Officer.Aggrieved by the rejection of the assessment order by the...
Kerala High Court Directs Facebook-India To File Compliance Affidavit On Removal Of Offensive Post Against Asianet News Editor
The Kerala High Court on Wednesday directed Facebook-India to submit an affidavit regarding compliance of its earlier order that ordered removal of an offending Facebook post made by a former sub-court judge against Executive Editor of Asianet News Network Sindhu Sooryakumar.“The 4th respondent is directed to file an affidavit as to how and in what manner the orders of this Court...
Senior Citizens Cannot Be Denied Company, Particularly Of Siblings & Close Relatives: Kerala High Court Tells Maintenance Tribunal
The Kerala High Court recently observed that senior citizens cannot be denied the company and presence of siblings and close relatives, as long as they desire it. The petitioner's son was aggrieved by the order of the Maintenance Tribunal that directed the senior citizen mother to be relocated to his aunt's (mother's sister) house.Justice Devan Ramachandran noted that both the son as well as...
Kerala High Court Directs ED To Furnish Verifiable Reasons For Investigating Ex-Minister Dr Thomas Issac & KIIFB In 'Masala Bonds' Case
The Kerala High Court today heard the arguments of counsels appearing for former Minister Dr Thomas Issac, Kerala Infrastructure Investment Fund Board (KIIFB) and Enforcement Directorate (ED), in the masala bonds case.Yesterday, a Division Bench had set aside the order of the Court that permitted issuance of fresh summons to Dr Issac and KIIFB. The Court has asked the ED to provide...
Hadiya's Father Moves Fresh Habeas Corpus Plea Before Kerala High Court Alleging That He Was Unable To Contact Or Locate Her
A new Habeas Corpus petition has been moved before the Kerala High Court by the father of Dr Akhila @ Hadiya whose conversion to Islam and subsequent marriage to Shafin Jahan was considered by the High Court as well as the Supreme Court on various earlier occasions.The present plea filed by Ashokan, Hadiya's father stated that he was unable to contact or trace her whereabouts for the last...
Kerala High Court Issues Notice In Plea To Prevent Private Educational Institutions From Using Prefixes Such As 'India', 'Indian'
A public interest litigation has been moved before the Kerala High Court today against various private educational institutions for removal of prefixes such as 'India', and 'Indian' before their names, contrary to the provisions of the Emblems and Names (Prevention of Improper Use) Act. The plea stated that such prefixes are used to mislead and deceive the students that such private...