Cheque Dishonour | Accused Can Rebut Presumption Of Debt By Referring To Particular Circumstances Of Case: Kerala High Court

The Kerala High Court, in a recent judgment, clarified that a person accused of the offence under Section 138 of the Negotiable Instruments Act can refer to particular circumstances of the case in order to rebut the presumption under Section 139 and prove non-existence of debt or liability by preponderance of probabilities.The appeal before Justice Bechu Kurian Thomas was preferred by the complainant in the case seeking to assail the acquittal of the accused in the case.The complainant had...

Noting Environmental Degradation, Kerala High Court Prohibits Sale Of Plastic Shampoo Sachets & Chemical Kumkum In Sabarimala

The Kerala High Court on Friday (November 7) directed the Travancore Devaswom Board to initiate steps to ensure that the selling of chemical kumkum is banned in Sabarimala to avoid substantial environmental degradation.The Division Bench of Justice Raja Vijayaraghavan and Justice K.V. Jayakumar was considering a suo motu petition based on a report filed by the Special Commissioner, detailing the measures required to provide adequate facilities for Sabarimala pilgrims at the Edathavalams (resting...

Kerala High Court Quashes Abduction Case Against Actress Lakshmi Menon After Recording Settlement Between Parties

The Kerala High Court on Friday (November 7) quashed the abduction case initiated against actress Lakshmi Menon in view of the settlement entered into between the parties.Justice C.S. Dias today allowed the Crl.M.C. filed by all the four accused persons, including the actress, and quashed the FIR registered and all further proceedings in Crime No. 346 of 2025 of the Ernakulam Town North Police Station as against the petitioners.The complainant had alleged that an altercation occurred at Velocity...

Law Needs Amendment, Land Owners Must Be Imposed With Liability In Cases Of Illegal Reclamation Of Paddy Land: Kerala High Court Remarks

The Kerala High Court on Wednesday (November 5) orally observed that the law should be amended so that the land owner is saddled with liability in cases of illegal conversion of paddy lands.The Division Bench consisting of Justice A. Muhamed Mustaque and Justice Harisankar V. Menon was considering a writ appeal preferred by the owner of a JCB excavator seeking to get interim custody over his vehicle, which was rented to a landowner to dig a wastewater pit. After hearing the parties, the Court...

MD Of Company Can Be Treated As “Employer” For Proceedings U/S 20(2) Of Minimum Wages Act: Kerala High Court

The Kerala High Court has held that the Managing Director of a Company can be treated as an “employer” under Section 2 (e) of the Minimum Wages Act, 1948, for proceedings initiated under Section 20(2) of the Act.Justice K. Babu, was delivering a judgment in a writ petition filed by the former Managing Director of Southwest Motorcorp India Pvt. Ltd., who challenged an order issued by...

S. 144 BNSS/S.125 CrPC| Unmarried Major Christian Daughter Not Entitled To Claim Maintenance From Father: Kerala High Court

The Kerala High Court recently clarified that the scheme of the provision under Section 125 Code of Criminal Procedure, corresponding Section 144 of the Bharatiya Nagarik Suraksha Sanhita does not contemplate maintenance claim by a major daughter unless she is unable to maintain herself due to physical or mental abnormality or injury.Dr. Justice Kauser Edappagath also noted that unlike in...

BCI Has Granted Interim Approval To Reserve Two 'Transgender' Category Seats In All State Law Colleges; Kerala High Court Told

The Kerala High Court on Thursday (November 6) was informed that the Bar Council of India has granted interim approval to add two supernumerary seats under Transgender category in all law colleges in Kerala.Justice V.G. Arun was considering a writ petition seeking reservation under the 'Transgender category' for admissions to integrated Five year LL.B courses in Government Law Colleges.The...

Ensure "Dr." Not Used By Physiotherapists, Occupational Therapists Without Medical Qualification: Kerala High Court

The Kerala High Court on Tuesday (November 4) passed an order against the usage of "Dr." prefix by physiotherapists and occupational therapists who do not possess recognised medical qualification.Justice V.G. Arun was told that there is a conflict between the provisions of the Indian Medical Degrees Act, 1916 (Exhibit P1) and the clauses in the Competency Based Curriculum for Physiotherapy...

Kerala High Court Quashes Income Tax Appellate Order Against AMMA, Directs Fresh Consideration

The Kerala High Court has set aside an order passed by the Commissioner of Income tax (Appeals), against the Association of Malayalam Movie Artists (AMMA), holding that the appellate authority failed to comply with the mandatory requirements under the Income Tax Act.Justice Ziyad Rahman A A, observed that the Commissioner of Income Tax (Appeals) erred by rejecting AMMA's appeal solely on...

Trial Court May Simultaneously Add Charges Under Ss. 409, 420 IPC If Facts Unclear As To Which Offence Committed: Kerala High Court

The Kerala High Court has recently held that a trial court may incorporate charges under both Sections 409 and 420 of the Indian Penal Code when it is doubtful as to what offence has been committed.Dr. Justice Kauser Edappagath pronounced the decision while considering an original petition filed under Article 227 of the Constitution. A journalist, who was a stranger to the proceeding before...

'Mere Enactment Not Enough': Kerala High Court Issues Directions For Effectively Implementing Juvenile Justice Act, SC Guidelines

The Kerala High Court has issued a comprehensive set of directions to ensure the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the guidelines laid down by the Supreme Court in Sampurana Behura v Union of India [2018 (4) SCC 433].The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, issued the directions...

Kerala High Court Seeks State's Stand On Fixing Safety Lapses In Public Hospitals Following Kottayam Medical College Building Collapse

The Kerala High Court on Wednesday (November 5) directed the Additional Chief Secretary of the Health and Family Welfare Department to file an affidavit stating how the State Government is proposing to address the shortfalls pointed by the State Council for Clinical Establishment with respect to public hospitals in the State.The Division Bench comprising Chief Justice Nitin Jamdar and...