Kerala High Court
Kerala High Court Directs State To Reconsider CBI's Request For Sanction To Prosecute Former PSU Officials In Corruption Case
The Kerala High Court has set aside the State Government's refusal to grant sanction for prosecuting former officials of the Kerala State Cashew Development Corporation (KSCDC) including the ex-Chairman R Chandrasekharan and ex-MD K A Ratheesh, in a corruption case investigated by the CBI.Dr. Justice Kauser Edappagath, in his order directed the Industries Department to reconsider the...
Kerala High Court Impleads Bar Council Of India In Plea For Transgender Reservation In Govt Law Colleges
The Kerala High Court today impleaded the Bar Council of India in a writ petition seeking reservation under the transgender category for admissions to integrated Five year LL.B courses in Government Law Colleges.This comes after the State informed that its proposal to create two additional seats for the transgender category is pending approval of the BCI.The Petitioner, a law...
Kerala High Court Invokes S.58 Advocates Act, Orders BCI Appointed Committee To Conduct Enrolments
The Kerala High Court, exercising its powers under Section 58(1) of the Advocates Act, 1961 has stepped in to protect the interests of law graduates awaiting enrollment.Justice N. Nagaresh passed the interim order while hearing a writ petition praying for a direction to conduct the enrolment of law graduates to the Bar Council of Kerala. In his plea, the petitioner has stated that he...
Kerala High Court Rejects PIL Against Former Finance Minister Thomas Isaac's Appointment As Advisor To Kerala Knowledge Economy Mission
The Kerala High Court today dismissed a PIL challenging appointment of former Finance Minister Dr Thomas Isaac as the advisor of Kerala Knowledge Economy Mission (KKEM).A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji while pronouncing the order said,"The State government has engaged as someone who is an expert in the field as an advisor, who has agreed to work...
Seizure Of Forest Produce & Vehicle Used To Commit Forest Offence Must Be Made Within 'Reasonable Interval': Kerala High Court Clarifies
The Kerala High Court has recently clarified that there is no need to simultaneously seize the forest produce and the vehicle used in committing a forest offence, however, there must be a reasonable nexus and a reasonable interval between the two seizures.The Division Bench of Chief Justice of Nitin Jamdar and Justice P.V. Kunhikrishnan was considering a question referred by a Single Judge...
Kerala High Court Weekly Round-Up: August 18 - August 24, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 502 - 518]P.C. Tomy v. State of Kerala and connected case, 2025 LiveLaw (Ker) 502Adv. Richard Rajesh Kumar and Anr. v. Union of India and Ors., 2025 LiveLaw (Ker) 503Appachan v. SI of Police and Anr., 2025 LiveLaw (Ker) 504Luckose Joseph v State of Kerala, 2025 Livelaw (Ker) 505Suo Motu v. AAA, 2025 LiveLaw (Ker) 506Muhammed Bilal and Anr. v. Union...
Non-Legal Heirs Can Continue Prosecution On Complainant's Death Even If Legal Heirs Have Not Come Forward: Kerala High Court
The Kerala High Court recently held that even non-legal heirs of a complainant can continue prosecution of the complaint upon his death, even if his legal heirs are alive and have not come forward to prosecute.Dr. Justice Kauser Edappagath observed:“Section 302 of Cr.P.C. empowers a Magistrate to permit “any person” to prosecute the complaint. The word “any person” cannot be...
For EC Exemption, NHAI Contractor Must Show Work Is Exclusively For Linear Project Based On Pre-2024 Contract: Kerala High Court
The Kerala High Court held that contractors executing National Highway projects cannot claim automatic exemption from environmental clearance (EC) requirements merely because they hold a work order from the National Highways Authority of India (NHAI). They have to show that they are holding a work order executed before March 21, 2024, and that they are doing the work exclusively for the...
Village Panchayat Cannot Suo Motu Review, Cancel Valid Building Permit Given By Its Secretary: Kerala High Court
The Kerala High Court recently passed a judgment holding that the village panchayat does not have the powers to suo motu review or cancel a building permit which was validly given by the Panchayat Secretary.Referring to Rules 9, 13 and 14 of the Kerala Panchayat Building Rules and the state Panchayat Raj Act, Justice C.S. Dias observed, “A co-joint reading of the above provisions makes...
Kerala High Court Grants Bail To Liviya Jose Accused Of Implicating Beautician Sheela Sunny In False NDPS Case
The Kerala High Court on Saturday (August 23) granted regular bail to Liviya Jose, who was accused of falsely implicating Chalakudy-based beauty parlour owner Sheela Sunny in a fake NDPS case.Justice Bechu Kurian Thomas observed, "The petitioner is a young lady of 21 years...Considering the period of custody already undergone, I am of the view that further detention is not necessary." ...
Period Of Service Before Enactment Of Advocates' Clerks Welfare Scheme Can Be Considered For Granting Benefit Under It: Kerala HC
The Kerala High Court recently held that the period of service before the commencement of the Advocates' Clerks Welfare Scheme Rules, 1985 can be considered to see if an advocate clerk is eligible to get the benefit of the Scheme.Justice Harisankar V. Menon passed the judgment while considering a plea by an advocate clerk, who started his work in the year 1970.The advocate clerk had...
No Violation Of Article 14 In Denying Property Tax Exemption To Unaided Schools: Kerala High Court
The Kerala High Court stated that there is no violation of Article 14 in denying property tax exemption to unaided schools. Justice Ziyad Rahman A.A. stated that the fact that the Government owned, managed and aided schools are established by the Government at their funds in order to provide education to all classes of persons by collecting nil or meagre fees, is a crucial factor...