Kerala High Court
Absence Of Prescribed Rates On Petroleum Products And Indian Made Foreign Liquor Before 26.03.2022, Tax Demand Invalid: Kerala High Court
The Kerala High Court held that the absence of prescribed rates on petroleum products and Indian-made foreign liquor before March 26, 2022, made the tax demand invalid.The bench of Justice Dinesh Kumar Singh has observed that though the petitioners were permitted to effect the parcel sales, the rate was not prescribed, and the rate has been prescribed only by the notification dated March...
Kerala High Court Weekly Round-Up: November 27-December 3, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 685-702Udayakumar v State of Kerala, 2023 LiveLaw (Ker) 685The Corporate Manager v. Beena Hilkushi and Ors., 2023 LiveLaw (Ker) 686Babumon K.G. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 687 Sreekuttan S. v. Sree Keralavarma College & Ors.,2023 LiveLaw (Ker) 688P.N.Saseendran V Kalamassery Municipality,2023 LiveLaw (Ker) 689Jayakrishna...
NDPS Act | Kerala High Court Sets Aside LLB Student's Show Cause Notice, Says College Had Decided His Guilt While Trial Was Still Ongoing
The Kerala High Court recently set aside a show cause notice issued to a final year LLB student of MG University for being named as an accused in an NDPS Case.The student who was suspended when an FIR had been lodged against him in the aforesaid case, was asked to show cause as to why a compulsory transfer certificate should not be issued to him. In allowing the student's plea for setting...
Centre Can Direct NIA To Investigate Scheduled Offence Which Is Yet To Be Reported : Kerala High Court
The Kerala High Court has held that under Section 6 (5) of the National Investigation Agency (NIA) Act, the central government has the power to direct the National Investigation Agency to investigate not just pending cases, but also offences where no case was registered. In dismissing the pleas of the accused, a division bench of Justice P.B.Suresh Kumar and Justice Johnson John also...
Section 91 CrPC | Desirability Of Issuing Summons Be Judged Commensurate With Stage At Which Power Is Exercised: Kerala High Court
The Kerala High Court recently laid down that Section 91 CrPC, which provides for the issuance of summons to produce document or other thing for the purposes of any investigation, inquiry, trial or other proceeding, is enabling in nature and the power under it would have to be judged commensurate with the stage or point of time it is exercised. "The powers conferred under Section 91 are...
State Government Cannot Direct Municipalities To Expend Its Own Funds For Conducting 'Nava Kerala Sadas': Kerala High Court
The Kerala High Court on Friday categorically laid down that the State Government cannot direct Municipalities to expend its own funds for the conduct of 'Nava Kerala Sadas'.'Nava Kerala Sadas' is a program involving direct interaction of top officials with the people and redressal of their grievances. It seeks to address the issues faced by the community in four main sectors, namely,...
Action Should Be Taken Against Cyber Bullying Of LGBTQ+ Community : Kerala High Court To Police
The Kerala High Court on Thursday expressed strong criticism of a cyber attack launched on persons belonging to the LGBTQ+ community. The Court was seized of a plea by certain persons belonging to the community seeking action against a registered society, named 'Youth Enrichment Society' for circulating fake news, unscientific data, and spewing hatred and derogatory remarks against...
High Court Directs Kerala Govt To Provide Adequate Police Protection In All Court Premises & To District Judiciary Officers
In a significant order, the Kerala High Court has directed the state government and police to provide adequate police protection in all court premises and to the officers of the district judiciary. The Court observed that there was an increase in sporadic untoward incidents in the Courts of the district judiciary and it cannot wait for untoward incidents to happen for providing...
Ensure Time-Bound Immediate Investigation In Medical Negligence Cases: Kerala High Court Directs State Chief Secretary
The Kerala High Court on Thursday directed the State Chief Secretary to take necessary steps to ensure time-bound and immediate investigation in medical negligence cases, in consultation with the State Police Chief and the Director of Health Service. "In medical negligence case, both sides want immediate action. Sometime, unnecessary complaints will be there against the doctors alleging...
Kerala Buildings (Lease & Rent Control) Act | S.11(3) Does Not Apply When Landlord Obtains Vacant Possession After Eviction Petition: High Court
The Kerala High Court on Wednesday laid down that the first proviso to Section 11(3) Kerala Buildings (Lease and Rent Control) Act, 1965 ('Act, 1965') does not apply to situations where the landlord obtains vacant possession of a building after the institution of the eviction petition. The first proviso to Section 11(3) restricts the power of the Rent Control Court in issuing an order...
[Kottayam Bar Association Protest] Kerala High Court Issues Notice To 29 Lawyers In Suo Moto Contempt Proceedings Upon Finding Prima Facie Case
The Kerala High Court on Friday issued notice in suo motu criminal contempt proceedings initiated by it against twenty-nine lawyers who protested and allegedly hurled abusive language against a female Chief Judicial Magistrate (CJM), in Kottayam, last week. The advocates of the Kottayam Bar Association had abstained from attending court proceedings last week to protest against the initiation...
Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity
The Kerala High Court on Wednesday passed an interim order directing the Registry to remove name and details of a lady published on the court's website in connection with a matrimonial appeal, as it affected her reputation and dignity.Justice Devan Ramachandran directed: “Since the issue is delicate and affecting the reputation and dignity of the petitioner, I direct R5 to take steps...