Kerala High Court
Survey Result Doesn't Affect Right Acquired Over Property Under Title Deed, Only Conclusive Proof Of Boundary Demarcation: Kerala HC
The Kerala High Court recently dismissed a regular second appeal finding that decisions of survey authorities under the Kerala Survey and Boundaries Act, Kerala Survey and Boundaries Rules will not affect the right and title of the property which was acquired by a party under a valid title deed. Justice K. Babu held that title over property can be claimed primarily based on a valid title deed...
Kerala High Court Grants Interim Protection To Man Accused Of Assaulting Female Doctor, Other Healthcare Staff
The Kerala High Court yesterday granted interim protection from arrest to a 37-year-old man accused of assaulting a female doctor and staff nurses who examined and treated him at the hospital. Justice Gopinath P ordered that the petitioner-accused shall not be arrested for a period of 10 days. The petitioner, who is reported to have inappropriately touched and assaulted doctor and staff nurses...
High Security Registration Plates : Kerala High Court Hears HSRP Manufacturer's Plea Against Mandate For Vehicle Manufacturer's Approval
The Kerala High Court recently directed the Central Government and state government to file affidavits in a petition filed by High Security Registration Plates (HSRP) Manufacturers challenging the Centre's notification mandating approval from Original vehicle manufacturers (OEM) for affixing high security number plates in vehicles registered before April 1, 2019 in Kerala.The...
Medical Negligence | Kerala High Court Refuses Compensation To 39-Yr-Old Woman Who Delivered 5th Child Despite Post-Partum Sterilization
The Kerala High Court on Tuesday refused compensation claim of a 39-year-old woman, who alleged that she conceived and gave birth to a fifth child despite having undergone Post Partum Sterilization (PPS) surgery due to the negligence of the doctor who performed the same. After referring to several precedents and medical opinions which affirmed the possibility of a pregnancy even after PPS...
Kerala Local Authorities Act | Elected Party Member Subsequently Supporting Opposite Party Liable For Disqualification: High Court
The Kerala High Court on Wednesday laid down that a member elected under the name of one party who subsequently supports the opposite party would be disqualified for voluntarily giving up membership under Section 3(1)(a) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999 (' 1999 Act').In upholding the disqualification of the 2nd respondent under the 1999 Act, for...
Kerala High Court Dismisses Anticipatory Bail Pleas Of Restaurateur Alleged Of Causing Death Of Customer Who Consumed Adulterated Shawarma
The Kerala High Court on Wednesday refused to grant anticipatory bail to the restaurateur of 'Le Hayath Restaurant', who was alleged to have caused the death of a customer through adulterated and non-consumable 'shawarma'. Taking note of the serious nature of the prosecution allegations, as well as the violation of the mandatory guidelines issued to the hotels, Justice Mohammed Nias C.P. was...
Kerala High Court Says Pollution Certificates For BS-IV, BS-VI Vehicles Valid For 1 Year
The Kerala High Court has set aside a government order ("GO") issued by Kerala State Government, prescribing uniform period of validity of Pollution Under Control (PUC) Certificate for all categories of vehicles, irrespective of whether they had been manufactured under BS-IV (Bharat Stage Emission Standards-IV) or BS-VI (Bharat Stage Emission Standards-VI) norms. Justice Dinesh Kumar...
Cheque Dishonour | No Vicarious Liability On Directors If Company Acquitted Of Offence Under NI Act: Kerala High Court
The Kerala High Court recently held that the directors of a company are not liable to be convicted for an offence under Section 138 ('Dishonour of Cheque') of the Negotiable Instruments Act ('NI Act') when the company itself is not found to have committed the offence. In setting aside an order of the trial court and acquitting the petitioner, a single bench of Justice Sophy Thomas...
[KAAPA Act] When Detenu Absconds, Magistrate Shall Secure Immediate Presence By Treating Detention Order As Warrant: Kerala High Court
The Kerala High Court has recently held that when a detenu under the Kerala Anti-Social Activities (Prevention) Act, 2007 (for short “KAAPA Act”) absconds, the Magistrate Court shall treat the detention order issued against him as a warrant and initiate steps for compelling his immediate presence before the Court.In allowing the release of the detenu in the present case, a division bench...
Magistrate Should Pass Speaking Order While Fixing Quantum Of Interim Compensation Under Negotiable Instruments Act: Kerala High Court
The Kerala High Court has reiterated that Courts are required to pass a speaking order while fixing the quantum of interim compensation under the Negotiable Instruments Act ('NI Act'). Perusing Section 143A(2) which states that interim compensation, varying from 1% of the cheque amount, up to 20% of the cheque amount could be ordered by the Court while trying a case for dishonour of...
Union Minister Rajeev Chandrasekhar Moves High Court To Quash Case Over Posts After Kerala Blasts, Court Orders No Coercive Action
The Kerala High Court today ordered no coercive action shall be taken against Union Minister Rajeev Chandrasekhar for allegedly making provocative remarks and causing religious disharmony in the State after the Kalamaserry bomb blasts. Justice C.S. Dias (Special Judge for MP/MLA) issued an interim order directing that no coercive steps shall be taken against the Minister till December 14,...
[Kottayam Bar Association Protest] Kerala High Court Initiates Suo Motu Contempt Against 29 Protesting Lawyers
The Kerala High Court has initiated suo motu contempt proceedings against twenty-nine lawyers who had protested and allegedly hurled abusive language against a female Chief Judicial Magistrate (CJM), in Kottayam. The advocates of the Kottayam Bar Association had abstained from attending court proceedings last week to protest against the initiation of criminal proceedings against Advocate...