BJP Candidate Moves Kerala High Court Challenging Election Of Priyanka Gandhi From Wayanad Constituency

Navya Haridas, who stood in the recent Parliamentary by-elections conducted in Wayanad constituency on November 23 had filed a petition against the winning candidate Priyanka Gandhi. Priyanka Gandhi had won the election with a margin of over 4 Lakh over the CPI candidate, Sathyan Mokeri. Navya Haridas came a distant third.Navya Haridas alleges that the Ms. Gandhi suppressed vital...

Notice Issued Against Dead Person Is Invalid; Participation Of Legal Heirs In Proceedings Doesn't Make It Legal: Kerala High Court

The Kerala High Court stated that notice issued against a dead person is invalid and participation of legal heirs of deceased in the proceedings won't make it legal. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “the consent of the parties cannot confer jurisdiction to the assessing authority for initiation of an action which...

Orders Issued U/S 73 Of CGST Act Must Carry Digital Or Physical Signature Of Officer In Order To Be Treated As Valid: Kerala High Court

The Kerala High Court stated that orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of the officer passing the order in order to treat the order to be a valid order. The Bench of Justice Gopinath P. was considering the issue that whether orders issued under Section 73 of the CGST/SGST Acts must carry the digital or manual signature of...

Attempt To Murder Case Can Be Settled After Filing Of Final Report Upon Considering Nature Of Injuries Sustained: Kerala High Court

The Kerala High Court has reiterated that an attempt to murder case under IPC Section 307 can be settled between the accused and complainant after filing Final Report if the prosecution materials do not suggest commission of the said offence and after considering the injuries sustained to the victim. Referring to various Supreme Court judgments, Justice A. Badharudeen held that such a case...

Mistake Committed By Assessee Was Inadvertent & Technical; No Wrongful Availment Of ITC: Kerala High Court Quashes Demand Order

The Kerala High Court while quashing the demand order stated that there has been no wrong availment of credit, and that the only mistake committed by the assessee was an inadvertent and technical one, where he had omitted to mention the IGST figures separately in Form GSTR 3B. The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “……The...

'Hospitals Temples Of Modern Society': Kerala HC Calls For Restrictions While Granting Bail For Criminal Trespass/ Vandalism In Hospitals

The Kerala High Court has stated that restrictions have to be imposed while granting bail to persons who are alleged of committing offences under Kerala Healthcare Service persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012 for criminally trespassing and causing destruction to hospital building or hospital materials.The Court by relying...

Kerala HC Exempts Personal Appearance Of BJP's K Surendran Before Magistrate In Defamation Case For Allegedly Calling The Complainant A Thief

The Kerala High Court in an interim order on Friday (December 20) granted exemption from personal appearance to BJP Kerala State President K. Surendran in a defamation case filed by T. G. N. Kumar (T. G. Nandakumar) before the Ernakulam Magistrate Court claiming that the BJP leader called him (Kumar) a thief. The complaint filed by T. G. Nandakumar alleges that BJP National Secretary...

Mother Of SFI Leader Abhimanyu Who Was Stabbed To Death In 2018 Over Campus Political Rivalry Moves Kerala High Court Citing Delay In Trial

A petition has been filed before the Kerala High Court by the mother of Abhimanyu, the deceased SFI leader who was murdered in 2018 during a campus political rivalry at Maharajas College, Ernakulam.The mother has approached the Court stating despite the passage of six years, charges have not been framed against 15 accused persons and the case is still in the preliminary hearing stage with...

Prima Facie Consensual Relationship: Kerala High Court Grants Bail To Film Director Omar Lulu In Rape Case

Kerala High Court on Friday (20th December) granted bail to Malayalam Movie director Omar Lulu in a rape case. Justice P. V. Kunhikrishnan observed that prima facie, the relationship between the director and the complainant seems to be a consensual one. However, the Court added that the investigating officer may continue investigation into the matter.“I don't want to make any observations...

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court.Justice C S Dias observed...

ESI | Medical Reimbursement Can't Be Denied Merely Because Insured Person Got Treated At Hospital Not Approved By Insurer: Kerala HC Reaffirms

The Kerala High Court on Thursday (December 19) reiterated that medical reimbursement cannot be denied because an insured underwent treatment in a hospital not approved by the insurer.The petitioner sought reimbursement from the Employees State Insurance Corporation (ESI), since her husband had to undergo an emergency liver transplantation in a non ESIC hospital. And, his claim for...

'Regretful Litigation' : Kerala High Court On Daughter Opposing Donation Of CPI(M) Leader's Body To Medical College

The Kerala High while dismissing the appeals filed by daughters of M. M. Lawrence against the decision of Single Judge allowing the donation of CPI(M) Veteran to Ernakulam Government Medical College observed that it is “preferable that quietus be reached in this case”. The Division Bench comprising of Chief Justice Nitin Jamdar and Justice S. Manu observed in the order that they consider...