Kerala High Court
Substantive Provisions Require Strict Compliance In Disciplinary Proceedings, Test Of Prejudice Applies In Case Of Procedural Violations: Kerala HC
The Kerala High Court has held that disciplinary proceedings need to be compulsorily set aside if there is a violation of the substantive provisions involved. In case of procedural violations, the court said that the proceedings should be set aside only if there is any prejudice caused to the employee due to such violation.The Division Bench comprising Justice A. Muhamed Mustaque and Justice...
Kerala High Court Weekly Round-Up: January 27 - February 02, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 55-73Sulochana T and Others v District Collector, Thiruvananthapuram and Others, 2024 LiveLaw (Ker) 55 M M Narayana Das v State of Kerala, 2024 LiveLaw (Ker) 56Rahul Easwar v State of Kerala, 2025 LiveLaw (Ker) 57Ismail Kunju M v State of Kerala, 2025 LiveLaw (Ker) 58Assistant Commissioner Of Income Tax v. Mohammed Salih, 2025 LiveLaw (Ker)...
'Reconstitution Of Committee In The Middle Of Interview Arbitrary': Kerala High Court Cancels Appointment Of Asst Professors In Kannur University
The Kerala High Court cancelled the selection of Assistant Professors in Kannur University made by the Selection Committee partly chaired by the former Vice Chancellor Gopinath Ravindran. In-midst of the selection process, on November 30, 2023 the Supreme Court had set aside the appointment of Dr. Gopinath Ravindran as the VC of the University.On the second day of the interview, Dr....
Undue Leniency In Disciplinary Proceedings Compromises Discipline In Public Service: Kerala HC Upholds Dismissal Of Employee For Misappropriation
The Kerala High Court stated that showing undue leniency towards a government employee in disciplinary proceedings could undermine the essential discipline required in public service.Considering the facts of the case, the Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar stated that the punishment of dismissal from service was proportionate to the offences committed by...
Writ Petition Maintainable If Arbitrator Refuses To Entertain Application U/S 3G(5) Of National Highways Act: Kerala High Court
The Kerala High Court bench of A. Muhamed Mustaque and S. Manu JJ. while hearing a writ petition has held that when an arbitrator appointed by the Central Government refuses to entertain an application u/s 3G(5) of the National Highways Act, 1956, the Courts can entertain a petition under Article 226 to the limited extent of referring the dispute to arbitration. Section 3G(5) places...
Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court
The Kerala High Court bench of Justice Syam Kumar V.M., while hearing a Section 11 petition, has held that a notice to revive a stalled arbitration proceedings by appointing another arbitrator satisfies the mandate of Section 21 of the A&C Act. Facts: The petitioner and respondent were partners of a firm named Orchard Builders and Developers; the same was registered with...
If Elected Representatives Want To Change Political Affiliation, They Must Resign & Face People's Mandate Again : Kerala High Court
The proper manner by which a person is to be defeated in a democratic set-up is through the ballot papers and not by using weapons or by committing vandalism, the Court said.
“Vested Interests Use Fear, That Is Fascism; People Must Live Without Fear In A Democracy": Kerala HC Orally Remarks In Unauthorised Banner Case
The Kerala High Court on Thursday (30th January) while hearing the case dealing with erection of unauthorized banner was informed that in many cases, police were not registering FIRs even after they are informed of illegal boardings put up in the area.Justice Devan Ramachandran had already directed the secretaries of local self-government institutes to remove unauthorized banner erected in...
18 ECIRs Registered Against Co-Operative Societies/Banks, Large Scale Money Laundering Being Carried Out: ED Tells Kerala High Court
The Deputy Director of Enforcement Directorate (ED), Kochi Zonal Office submitted before the Kerala High Court that they have registered Eighteen Enforcement Case Information Reports (ECIR) against Co-operative Societies and Banks in Kerala.The affidavit by the ED was submitted before the Division Bench of Justice Amit Rawal and Justice K.V. Jayakumar. It was submitted that large scale...
Family Pension Not Subject Matter Of Testamentary Disposition, Husband Can't Exclude Wife And Children From It By Filing Application: Kerala HC
The Kerala High Court held that an employee cannot make a representation that his legally wedded wife or other dependents are not entitled to claim the family pension. The Division Bench comprising of Justice Amit Rawal and Justice K. V. Jayakumar observed that family pension is not an estate or property of the employee and cannot be disposed of as per the will of the employee.“Family...
Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court
The Kerala High Court recently held that the benefit of Section 479 of BNSS, particularly the first proviso thereof, cannot be applied retrospectively to convicted prisoners.For context, Section 479 BNSS deals with the maximum period of time for which a undertrial prisoner can be detained. The first proviso stipulates that a first-time offender shall be released on bond if he has...