Registrar Cannot Cancel Marriage Certificate Without Proof Of Fraud Or Improper Registration: Kerala High Court

The Kerala High Court has held that a Registrar of Marriages cannot cancel a marriage certificate unless it is proved that the registration was either fraudulent or improperly made.Justice C.S. Dias delivered the judgment in a writ petition filed by petitioners who had jointly applied for the cancellation of their marriage registration, arguing that the marriage was not validly solemnised...

'Drinking Water Has To Be Top-Most Priority': Kerala High Court Directs MD Of KWA To Resolve 2.5-Year-Long Water Shortage Issue in Thrissur

The Kerala High Court on Wednesday (June 18) orally directed the Managing Director of the Kerala Water Authority (KWA) to take urgent measures to resolve the water shortage issue in more than ten panchayats in Thrissur District in Kerala.The Division Bench, consisting of Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing the matter. Noting that the writ petition had been pending...

Bank Liable For Loss Caused By Negligently Encashing Cheques With Forged Signatures : Kerala High Court

The Kerala High Court has emphasized that banks cannot escape liability after negligently encashing cheques with forged signatures.The Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment in a batch of appeals filed by the plaintiffs, all private companies or individuals operating out of Kozhikode, against the dismissal of their suits by...

New Arbitrator Must Initiate Proceedings Afresh When Previous Arbitrator's Appointment Is Void Ab Initio: Kerala High Court

The Kerala High Court bench of Justice M.A. Abdul Hakhim has held that where an arbitral award is set aside on the ground that the appointment of the arbitrator was void ab initio and the arbitral proceedings are declared non est, the new arbitrator must initiate proceedings afresh. The question of admissibility of previously recorded evidence is to be decided by the...

Kerala High Court Orders Conditional Arrest Of Another Sister Ship Of MSC Elsa 3 Over Claims Of Lost Cargo

The Kerala High Court on Wednesday (18th June) has ordered the conditional arrest of MV MSC Polo II, the sister ship of MV Elsa 3, over a claim raised by the company, Sans Cashew India Private Limited. The company has made a claim of Rs. 74 Lakh over the cargo lost in MSC Elsa 3. Justice M. A. Abdul Hakhim added that the arrest will only be made if it is anchored within the...

Bank Slip Without Cheque Date, Number & Amount Not Evidence Under S.146 NI Act For Dishonour : Kerala High Court

The Kerala High Court has held that for the presumption under Section 146 of the Negotiable Instruments Act, 1881 to apply, a bank's slip must mention the cheque number, date, and amount relating to the dishonoured cheque. If these essential details are missing, the memo cannot serve as prima facie evidence of dishonour.Justice A. Badharudeen made the observation while setting aside an...

Kerala High Court Restrains Use Of Toilets At Private Petroleum Outlets As Public Toilets

The Kerala High Court has passed an interim order that toilets in private petroleum retail outlets should not be converted into public toilets.Justice CS Dias passed the interim order in a writ petition filed by the Petroleum Traders Welfare and Legal Service Society and five other petroleum retailers challenging the attempts made by the State Government and the local self-government...

No Pending Criminal Proceedings Under S.6(2)(f) Passport Act If There's No Final Report Or Court Cognizance : Kerala High Court

The Kerala High Court has clarified that mere registration of a crime or pendency of investigation, without filing of a final report or taking of cognizance by a court, does not amount to “criminal proceedings pending” under Section 6(2)(f) of the Passport Act, 1967.Justice A. Badharudeen made this observation while considering a petition that sought to renew the petitioner's passport...

Writ Petitioner Cannot File Writ Appeal Against Interim Order Granted To Him: Kerala High Court

The Kerala High Court has observed that a writ appeal is not maintainable under Section 5(i) of the Kerala High Court Act, 1958, when the Court has already granted the interim relief sought by the petitioner. In such a situation, the petitioner cannot claim to be an aggrieved party to file an appeal.The Division Bench of Justice Anil K. Narendran and Justice P.V. Balakrishnan was considering...

Post-Graduate Candidates Move Kerala High Court Challenging Registration, Confirmation Fees For CLAT Exam

A writ petition has been moved before the Kerala High Court challenging the Counselling Registration Fee of INR 30,000 and the Confirmation Fee of INR 20,000 imposed by the Consortium of NLUs on CLAT applicants.The Consortium of NLUs (Consortium of National Law Universities) is a society registered under the Karnataka Societies Registration Act. Among other things, the body is responsible...

"Appears That Teachers Are Not Being Appointed On Merit": Kerala High Court Seeks Streamlined Method Of Appointment In Govt-Aided Schools

The Kerala High Court has asked the Director General of Education (DGE) to file an affidavit detailing the steps that are required to be taken to ensure that the appointment of teachers in Government Aided Schools is made in a fair manner.Justice D. K. Singh observed that it appears that the Manager of the school has absolute discretion to appoint anyone who is qualified as a teacher...

ASHA Workers Protest: Kerala High Court Issues Notice On Contempt Plea, Seeks Response Of Office Bearers

The Kerala High Court on Tuesday (June 17) ordered notice to the office bearers and members of the Kerala ASHA Health Workers Association in a contempt case filed against the ASHA workers (Accredited Social Health Activists) protest, which is allegedly conducted by blocking the road and footpath in front of the Secretariat in Thiruvananthapuram district from February 10, 2025.The Division...