Kerala High Court
High Court Can Quash Ad Interim Injunction Order Granted By Civil Court In Suit Barred Under IBC: Kerala High Court
The Kerala High Court has recently held that High Courts can use their supervisory jurisdiction under Article 227 of the Constitution of India to set aside an ad interim injunction granted by a civil court in a suit barred by the Insolvency and Bankruptcy Code (IBC).Justice K. Natarajan observed that the existence of an alternative remedy to vacate an order provided under Order 43 or Order...
Legislation On Black Magic Deferred, But Subject Under Active Consideration: State Tells Kerala High Court
The Kerala government today reiterated before the High Court its commitment to regulate harmful practices carried out under the guise of supernatural and magical acts, even after deferring a proposed legislation on the issue.The submissions was made before the bench of Chief Justice Nitin Jamdar and Justice Basant Balaji, considering a PIL filed by Kerala Yukthi Vadhi Sangham seeking...
Property Tax Can't Be Levied Without Following Statutory Assessment Procedure U/S 233 Of Kerala Municipality Act: High Court
The Kerala High Court stated that property tax can't be levied without following statutory assessment procedure under Section 233 of Kerala Municipality Act, 1994. Section 233 of the Kerala Municipality Act, 1994, deals with the levy of property tax by the Municipality on buildings and lands within its area. This section outlines the process of assessment and collection of property...
Kerala High Court Upholds Order Quashing Governor's Appointment of Temporary VCs In Two Universities
The Kerala High Court on Monday (July 14) upheld the orders declaring appointments of Dr. K. Sivaprasad and Dr. Ciza Thomas as temporary Vice Chancellors of APJ Abdul Kalam Technological University (KTU) and Kerala University of Digital Sciences Innovation and Technology respectively, by the former Governor were not sustainable in law.The appointments was made in November 2024 by the...
Limitation For Filing Appeal Under Co-op Societies Act Starts When Order Copy Is Attained, Even If Passed In Presence Of Parties: Kerala HC
The Kerala High Court has held that while filing an appeal under Section 82 of the Co-operative Societies Act, the time taken for obtaining a copy of the award must be excluded for computing the period of limitation. It was observed that a rule which had earlier allowed limitation to be calculated from the date of pronouncement of the order had been amended in the year 2000, instead...
Office-Bearer Of Govt Aided 'Social Or Cultural' Institution Is Public Servant Under PC Act: Kerala High Court
Dismissing a plea by the President of Dakshin Bharat Hindi Prachar Sabha (Kerala) against an order refusing to discharge him in a CBI case alleging illegal appointments in return for bribes, the Kerala High Court said that an office-bearer of a government-aided institute would qualify as a public servant under the Prevention of Corruption Act. Justice A. Badharudeen upheld the trial court's...
Kerala High Court Weekly Round-Up: July 7 – 13, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 389 - 413]Keerampara Service Co-operative Bank Ltd. v. The Income Tax Officer, 2025 LiveLaw (Ker) 389Prof. Dr. K.S. Anil Kumar v. State of Kerala and Ors., 2025 LiveLaw (Ker) 390M/s Ginger Fashions Pvt. Ltd. v. Union of India, 2025 LiveLaw (Ker) 391Mediacloud Studio Private Limited v. The Assessment Unit, 2025 LiveLaw (Ker) 392Manjusha K.P v. State...
City Police Commissioner Qualifies As 'Immediate Superior' Under Section 42(2) Of NDPS Act: Kerala High Court
The Kerala High Court has held that the term "immediate official superior" in section 42 (2) of the NDPS Act must be interpreted contextually rather than rigidly through bureaucratic hierarchy.Justice Bechu Kurian Thomas delivered the ruling while dismissing a bail application filed by the petitioner, who had been booked under Sections 22(c) and 29(1) of the NDPS Act for alleged possession...
'Faced Many Hurdles In Life': Kerala High Court Orders Compassionate Appointment Despite Criminal Antecedents, Applies 'Nexus Test'
The Kerala High Court has set aside an order rejecting a man's appointment under the compassionate employment scheme due to his past involvement in criminal cases, holding that there exists no relevant connection between the alleged offence and the nature of the post in question.A Division Bench of Justice A. Muhamed Mustaque and Justice Johnson John was hearing a petition filed by Jijin...
Rejection Order Uploaded On K-Smart Portal Valid Communication By Municipality, Applicant Can't Insist On Physical Copy: Kerala High Court
The Kerala High Court has recently held that an order rejecting a renewal application, which was uploaded on the K-Smart portal, is valid electronic communication in compliance with Section 447(6) of the Kerala Municipality Act, 1994 (the Municipality Act).Section 447(6) of the Municipality Act provides that an applicant is entitled to a 'deemed license' if the order of accepting or rejecting...
Kerala High Court Calls For Draft Guidelines On Snake Bite Prevention In Schools
The High Court of Kerala recently directed the Chief Secretary of General Education to place a draft guidelines for dealing with snake bites in schools.The directions were given by the division bench of Chief Justice Nitin Jamdar and Justice Shoba Annamma Eapen, while hearing a petition on the issue of basic health care in relation to snake bites, which arose after an incident involving...