Kerala High Court Weekly Round-Up: February 10- February 16, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 92- 111]Divya K S v State of Kerala, 2025 LiveLaw (Ker) 92State of Kerala v Dr Jyothish Kumar V& Connected Cases, 2025 LiveLaw (Ker) 93T.M.Leela and another V. P.K.Vasu , 2025 LiveLaw (Ker) 94Dr.S.Ganapathy V Union Of India, 2025 LiveLaw (Ker) 95Sunil Kumar H. and Others v State of Kerala and Another & connected cases, 2025 LiveLaw...

In Ex-Parte Proceedings, Court Is Not Expected To Blindly Pass Orders In Favour Of The Party Which Is Present: Kerala High Court

The Kerala High Court has held that in ex-parte proceedings, a Court can pass an order in favour of the party present only if they can successfully establish their rights or the liability of the opposite party. The Division Bench comprising of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar added that the court is not expected to blindly pass an order in favour of the...

Delhi High Court Weekly Round-Up: February 10 To February 16, 2025

Citations 2025 LiveLaw (Del) 153 to 2025 LiveLaw (Del) 189NOMINAL INDEXRENUKA KULKARNI & ORS v. STATE and other connected matter 2025 LiveLaw (Del) 153 SIR RATAN TATA TRUST & ANR v. DR. RAJAT SHRIVASTAVA & ORS. 2025 LiveLaw (Del) 154 Rocktek Infra Services Pvt. Ltd. v. Principal Commissioner Of Customs (Import) 2025 LiveLaw (Del) 155 Abdul Rashid Sheikh v. NIA 2025 LiveLaw...

Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates

The Allahabad High Court bench of Justice Piyush Agrawal, placing reliance upon the judgment of the Supreme Court in Board of Control for Cricket in India vs. Kochi Cricket Private Limited & Others (2018), held that the amended Section 36 of the Arbitration and Conciliation Act, 1996 applies prospectively to court proceedings initiated on or after the date of commencement...

'Long Incarceration Can Damage Undertrial's Mental Health, Lead To Drug Abuse': Bombay HC Grants Bail To Murder Accused In Jail For Over 9 Yrs

The Bombay High Court on Friday (February 14) while granting bail to a man who spent more than nine years in jail, stressed on the long-term negative effects due to long incarceration on the physical and mental health of an individual.Justice Milind Jadhav noted that the applicant Ganesh Mendarkar spent nine years and twenty five days in jail on a charge of murder, while the co-accused in...

Madras High Court Stays Single Judge Order Directing Enquiry Against Customs Officers For Seizing 'Thalikodi' Of Newly Married Woman

A division bench of the Madras High Court has stayed a single judge order directing inquiry against Customs officers who forcefully removed the thali of a newly married woman on suspicion of smuggling gold. The division bench of Justice SS Sundar and Justice C Saravanan stayed the order of Justice Krishnan Ramasamy on an appeal filed by the Principal Commissioner of Customs,...

"Didn't Have Conscious Possession": Calcutta High Court Grants Bail To Delivery Boys Booked Under NDPS Act For Transporting Illicit Goods

A Division Bench of Calcutta High Court has granted bail to three accused persons who were delivery boys of Delhivery Ltd, accused of offences under the NDPS Act,1985.The division bench of Justices Tapabrata Chakraborty and Prasenjit Biswas held that the accused persons were employed as delivery boys by Delhivery and were doing their regular course of duty by picking up the shipments...

J&K HC Upholds Compensation For Man Disabled Due To Tear Gas Fired By Police, Says Criminal Justice Would Look 'Hollow' If Victim Not Compensated

The Jammu and Kashmir High Court has held that permanent disability of the citizen due to state action violates their fundamental rights and has to be fully compensated by the State. The court also held that when the service of notice is made at the correct address, the addressee is deemed to have knowledge of the said notice. The court, therefore, presumed the notice on the part...

Oral Examination To Explain Interrogatories Shall Be Done Only In Extraordinary Situations: Kerala High Court

The Kerala High Court held that courts should order oral examination (viva voice examination) only in exceptional cases for the purpose of getting further information if a person has not answered or answered insufficiently a question in the interrogatory.Under Order XI Rule 11 of CPC, if a person interrogated omits to answer or answers insufficiently, the Court on an application by...

Reference To IPC Provisions In Definition Of 'Rowdy' Under Anti-Social Activities Law Is A Reference To Relevant BNS Provisions: Kerala HC

While examining the definition of 'rowdy' under the Kerala Anti-Social Activities Prevention Act (KAAPA), the Kerala High Court observed that the reference to the repealed IPC provisions in the definition, has to be construed as a reference to relevant provision in the BNS. It held that when such reference is to a chapter of IPC, the corresponding chapter of BNS shall be referred to and it...

Contract Which Is Renewable Based On 'Criteria Of Performance' Is Deemed Renewed Unilaterally After Criteria Is Met, Cannot Be Terminated: J&K HC

The Jammu and Kashmir High Court held that where renewal of contract is based on the criteria of performance, the contract is deemed to have to been extended, if the said criteria is met. It also held that courts cannot interfere with the interpretation given by an Arbitrator if the same is reasonable and not opposed to logic.In this case, the Arbitrator was to determine legality of breach...

Kerala High Court Orders Mufti Police To Carry ID Cards, Authorization Order For Proper Identification

The Kerala High Court has ordered mufti police to carry their identity cards and the specific order authorizing them to discharge their duties in mufti, for proper identification by the citizens. Mufti police is a term used to refer to police who is wearing civilian dress instead of uniform, during their job.Justice P.V.Kunhikrishnan observed that in the absence of such ID and...