MSC Elsa 3 Shipwreck | Kerala High Court Stays State's Negotiation With MSC Company, Cites Transparency Issues

The Kerala High Court on Thursday (19th June) stayed the negotiation process initiated by the State with the MSC Company over the loss caused due to the sinking and consequent cargo loss of MSC Elsa. The State has constituted a committee for negotiation to determine the compensation for damage caused due to collision, restoration of coastal life and marine environment, removal of wreck,...

Lawyer Moves PIL Before Kerala High Court Challenging Toll Collection In National Highway

A public interest litigation (PIL) has been filed before the Kerala High Court by a lawyer based in Thrissur challenging the toll collection in Paliyekkara Toll Plaza (Thrissur district) on NH 544.According to the petitioner, there is severe traffic congestion in the Mannuthy–Edappally stretch of NH 544, particularly near the Paliyekkara Toll Plaza, due to ongoing construction, especially...

'Condition Of Ashtamudi Land Is A Matter Of Concern': Kerala HC Proposes Constitution Of Ashtamudi Local Wetland Authority

The Kerala High Court has directed to constitute Ashtamudi Local Wetland Authority/ sub- committee for the protection and conservation of Ashtamudi wetland.The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji has made this orders in a petition filed by Advocate Boris Paul pointing towards the waste dumping and illegal encroachments in Ashtamudi lake. Ashtamudi Lake in...

Registrar Cannot Cancel Marriage Certificate Without Proof Of Fraud Or Improper Registration: Kerala High Court

The Kerala High Court has held that a Registrar of Marriages cannot cancel a marriage certificate unless it is proved that the registration was either fraudulent or improperly made.Justice C.S. Dias delivered the judgment in a writ petition filed by petitioners who had jointly applied for the cancellation of their marriage registration, arguing that the marriage was not validly solemnised...

'Drinking Water Has To Be Top-Most Priority': Kerala High Court Directs MD Of KWA To Resolve 2.5-Year-Long Water Shortage Issue in Thrissur

The Kerala High Court on Wednesday (June 18) orally directed the Managing Director of the Kerala Water Authority (KWA) to take urgent measures to resolve the water shortage issue in more than ten panchayats in Thrissur District in Kerala.The Division Bench, consisting of Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing the matter. Noting that the writ petition had been pending...

Bank Liable For Loss Caused By Negligently Encashing Cheques With Forged Signatures : Kerala High Court

The Kerala High Court has emphasized that banks cannot escape liability after negligently encashing cheques with forged signatures.The Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment in a batch of appeals filed by the plaintiffs, all private companies or individuals operating out of Kozhikode, against the dismissal of their suits by...

New Arbitrator Must Initiate Proceedings Afresh When Previous Arbitrator's Appointment Is Void Ab Initio: Kerala High Court

The Kerala High Court bench of Justice M.A. Abdul Hakhim has held that where an arbitral award is set aside on the ground that the appointment of the arbitrator was void ab initio and the arbitral proceedings are declared non est, the new arbitrator must initiate proceedings afresh. The question of admissibility of previously recorded evidence is to be decided by the...

Kerala High Court Orders Conditional Arrest Of Another Sister Ship Of MSC Elsa 3 Over Claims Of Lost Cargo

The Kerala High Court on Wednesday (18th June) has ordered the conditional arrest of MV MSC Polo II, the sister ship of MV Elsa 3, over a claim raised by the company, Sans Cashew India Private Limited. The company has made a claim of Rs. 74 Lakh over the cargo lost in MSC Elsa 3. Justice M. A. Abdul Hakhim added that the arrest will only be made if it is anchored within the...

Bank Slip Without Cheque Date, Number & Amount Not Evidence Under S.146 NI Act For Dishonour : Kerala High Court

The Kerala High Court has held that for the presumption under Section 146 of the Negotiable Instruments Act, 1881 to apply, a bank's slip must mention the cheque number, date, and amount relating to the dishonoured cheque. If these essential details are missing, the memo cannot serve as prima facie evidence of dishonour.Justice A. Badharudeen made the observation while setting aside an...

Kerala High Court Restrains Use Of Toilets At Private Petroleum Outlets As Public Toilets

The Kerala High Court has passed an interim order that toilets in private petroleum retail outlets should not be converted into public toilets.Justice CS Dias passed the interim order in a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five other petroleum retailers challenging the attempts made by the State Government and the local self-government...

No Pending Criminal Proceedings Under S.6(2)(f) Passport Act If There's No Final Report Or Court Cognizance : Kerala High Court

The Kerala High Court has clarified that mere registration of a crime or pendency of investigation, without filing of a final report or taking of cognizance by a court, does not amount to “criminal proceedings pending” under Section 6(2)(f) of the Passport Act, 1967.Justice A. Badharudeen made this observation while considering a petition that sought to renew the petitioner's passport...

Writ Petitioner Cannot File Writ Appeal Against Interim Order Granted To Him: Kerala High Court

The Kerala High Court has observed that a writ appeal is not maintainable under Section 5(i) of the Kerala High Court Act, 1958, when the Court has already granted the interim relief sought by the petitioner. In such a situation, the petitioner cannot claim to be an aggrieved party to file an appeal.The Division Bench of Justice Anil K. Narendran and Justice P.V. Balakrishnan was considering...