Kerala High Court
Dowry Prohibition Portal in Place for Public Complaints : State Tells Kerala High Court
The State government informed Kerala High Court about the launch of dedicated Dowry Prohibition Portal for public to file complaints. The submissions were made via a counter affidavit submitted by the State on the ongoing PIL filed by a law graduate and public policy professional, seeking a direction to the State to bring in accountability regarding the complaints made pursuant to Rule 5 of...
Kerala High Court Advocates' Association Takes Exception To Appointment Of Students As Amici, Writes To CJ Seeking Rules Of Engagement
The Kerala High Court Advocates' Association (KHCAA) has written to the Chief Justice of the Kerala High Court outlining the need to incorporate Rules in the Rules of the High Court of Kerala regarding the engagement of amicus curiae in cases.Last week, one of the Benches of the Court had appointed two law students as amici curiae in a bail application related to an offence under the NDPS Act...
Presumption U/S 139 NI Act Exists Even If Cheque Issued To NBFC That Charged Interest In Excess Of Money Lenders Act: Kerala High Court
The Kerala High Court has held that the presumption in favour of a cheque holder under Section 139 of the Negotiable Instruments Act exists even if the non-banking financial company (NBFC) to which the cheque was issued charged interest higher than that permissible under the Kerala Money-Lenders Act.Justice M.B. Snehalatha observed:“The Hon'ble Apex Court held that the entire life of a...
Kerala High Court Orders Conditional Arrest Of Panaman-Flagged MV MSC Makoto-II In Admiralty Suits Claiming Nearly ₹2.8 Crores In Damages
The Kerala High Court on Thursday ordered the conditional arrest of MV MSC Makoto-II, a vessel flying the flag of Panama in six separate admiralty suits claiming damages totalling around Rupees 2.8 crores.After considering the supporting documents produced by the plaintiffs, Justice Easwaran S. passed the interim orders for arrest of the vessel, which is presently at Vizhinjam Port...
Registrar Can't Alter Father's Name In Child's Birth Certificate Without Hearing Him, Must Consider Conclusive Proof U/S 118 Evidence Act: Kerala HC
The Kerala High Court recently held that the Registrar does not have the power to change the name of the father in the birth certificate of a child without considering the conclusive proof under Section 118 of the Indian Evidence Act.As per the provision, when a child is born during the subsistence of a valid marriage or within 280 days after its dissolution, it is conclusive proof that the...
'Right To Motorable Road Is Constitutional Right', Says Kerala High Court As It Awaits Road Safety Audit Report
“The right to a motorable road, without any doubt, is now a constitutional right, because the right to travel is within the compass of the fundamental right,” the Kerala High Court orally observed today.Justice Devan Ramachandran made the remark while dealing with a case concerning “spate of accidents” in the State owing to poor road maintenance and rampant traffic violations.The...
Kerala High Court Dismisses Pleas Challenging Proposal Of Temporary Toll Plaza In Kasargod On NH-66 Stretch
The Kerala High Court on Wednesday (August 13) dismissed three writ petitions challenging the setting up of a temporary toll plaza in Arikady in Kasargod district in the Thalappady-Cherkkala stretch of NH-66.The petitioners challenged the proposed temporary toll as violative of Rule 8(2) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 for being less than 60km...
Clamping Persons Expressing Dissent With Criminal Cases An Affront To Democratic Values Of Constitution: Kerala High Court
The Kerala High Court recently quashed the criminal proceedings against two persons for allegedly posting negative comments in a whatsapp group regarding the collection of money to the CMDRF (Kerala Chief Minister's Distress Relief Fund) account for Wayanad landslide victims.A crime was registered against the petitioners under Sections 192 [Wantonly giving provocation with intent to cause...
Kerala High Court Judges Visit Human-Wildlife Conflict Zone In Kannur, Moot Voluntary Tribal Relocation & Crop Change
The Kerala High Court has urged the State government to adopt a “reimagined” and inter-departmental strategy to address escalating human–wildlife conflicts in Aaralam Farm, Kannur district, and Wayanad. A division bench comprising Justice Jayasankaran Nambiar and Justice Jobin Sebastian made the remarks during a hearing on Wednesday, after reviewing on-ground realities and...
Surcharge Order Issued Under Local Fund Audit Act To Be Challenged In Appeal Under Panchayat Raj Act: Kerala High Court
The Kerala High Court has held that parties aggrieved by District Court decisions in surcharge proceedings initiated under the Kerala Local Fund Audit Act must file an appeal under Section 215(13) of the Kerala Panchayat Raj Act rather than directly invoking the High Court's writ jurisdiction.A Division Bench comprising Justice Amit Rawal and Justice P.V. Balakrishnan delivered the judgment...
Actress Assault Case: Kerala High Court Seeks Sessions Court's Report On Delay In Concluding Trial
The Kerala High Court has called for a status report from the Principle District and Sessions Court in Ernakulam, which is trying the actress assault case since 2018.The Registrar (District Judiciary) called for the report after a petition was filed by MR Ajayan, journalist and editor at Green Kerala News. Ajayan wrote to the Court alleging delay in concluding the trial.Prominent Malayalam...
