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...

'Dubious Attempt By State To Escape Constitutional Embargo': Kerala HC Orders Fair Compensation For Acquisition Of Minority School's Land

The Kerala High Court has ordered fair compensation for the acquisition proceedings initiated by the State to compensate a minority- run private school, terming the move to avoid payment for full compensation, a “dubious attempt” to circumvent constitutional safeguards.The Court observed, “We are certain that this acquisition is a dubious attempt to wriggle out of the constitutional...

Kerala HC Quashes Case Against Man For Throwing Files In Tahsildar's Office After Quarrel, Says Humane Touch Is Needed In Administrative Acts

The Kerala High Court recently quashed the criminal proceedings initiated against a man for allegedly using filthy language, hitting plastic chairs on the floor and throwing files in the Tahsildar's office in Kollam.Highlighting the need for empathy and humane touch in bureaucracy, Justice P.V. Kunhikrishnan observed:“A humane touch is necessary in every administrative act of bureaucrats. It...

'Technical Committee For Safety Of Devotees Can Be Formed': KSEB Tells Kerala HC In Suo Moto Case Over Electrocution Death Of Sabarimala Pilgrim

Kerala State Electricity Board (KSEB) on Friday submitted before the Kerala High Court, the suggestion for forming a Technical Committee for the Safety of Pilgrims, in the suo moto proceedings initiated following the death of a pilgrim at Sabarimala by electrocution from a water kiosk maintained by the Kerala Water Authority (KWA)The division bench comprising Justice Raja Vijayaraghavan V...

'Routinely Ordering Police Protection Without Apprehension Of Serious Issues Diverts Time Of Police Force': Kerala HC Issues Guidelines

The Kerala High Court has recently passed a judgment taking away the police protection granted to a couple to close down the gate in their property after noting that there was no law-and-order situation made out.The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji observed:“The police force operates with limited resources and has to attend to various duties, often emergent...

Kerala High Court Seeks HC's Response On Law Graduate's Plea To Conduct Enrolment To State Bar Council

A law graduate moved the Kerala High Court on Friday (August 22) praying for a direction to conduct the enrolment of law graduates to the Bar Council of Kerala.When the matter came up, Justice N. Nagaresh gave time to the standing counsel of the High Court to take instructions about its willingness to conduct the enrolment.In his plea, the petitioner has stated that he had approached the...

Kerala High Court Directs Formation Of 'Lakshadweep Judicial Administration & Infrastructure Committee' To Improve Access To Justice In UT

The Kerala High Court on Thursday (August 21) directed the formation of a body called the 'Lakshadweep Judicial Administration and Infrastructure Committee' for finding long-terms solutions to improve the judicial administration and infrastructure of the Union Territory (UT) of Lakshadweep.The committee shall consist of the Registrar General of the High Court, Principal District Judge...

'Right To Travel' Virtually Elevated To Fundamental Right, Failure To Restore Poor Roads A Virtual Crime: Kerala High Court Remarks

The Public Works Department (PWD) of the Kerala government on Thursday (August 21) told the High Court that it has begun restoration works on roads all over the State.The submission was made to Justice Devan Ramachandran, who was considering the issue of poor road conditions in the State and the accidents which are caused by the same.When the matter came up, the government pleader appearing...

Kerala HC Clarifies Guidelines For Police Etiquette Over Arrests On Court Premises, Lays Down Two-Tier Grievance Redressal Mechanism

The Kerala High Court on Tuesday (August 19) clarified guidelines to be followed by police personnel for arresting persons within court premises, along with a grievance redressal mechanism to be followed at the state and district levels. The court further made clarifications to the report prepared by the State Police Chief regarding a guideline on the code of conduct to be adhered to by...

Kerala High Court Allows Owners Of MSC Elsa 3 Ship To Make Newspaper Publication To Limit Liability Of Maritime Claims In Admiralty Suit

The Kerala High Court on Thursday (August 21) allowed the owners of capsized MSC Elsa 3 ship to take out paper publication in the admiralty suit filed by them for limiting the liability for maritime claims arising from the losses caused due to the sinkage of the ship. The suit was filed by the plaintiffs before the High Court under Part XA of the Merchant Shipping Act, 1958 which provides...

Kerala High Court Tasks Committee To Monitor Traffic On NH 544 Where It Suspended Toll, Suggests Daytime Ban On Heavy Vehicles

The Kerala High Court has directed the constitution of an Interim Traffic Management Committee to devise an interim traffic management plan on the congested stretch in NH 544, particularly around the Paliyekkara Toll Plaza.The division bench comprising Justice A. Muhammed Mustaque and Justice Harisankar V. Menon observed that a monitoring mechanism is essential to ensure smooth...