Blacklisting Not Necessary Consequence Of Every Termination, Notice & Hearing Must Before Blacklisting From Future Contracts: Kerala HC

The Kerala High Court has held that notice and opportunity of hearing must be provided to persons before debarring or blacklisting them from future contracts. Justice C.S. Dias further stated that debarring or blacklisting is a matter of serious concern and should not automatically follow every termination.The bench added that termination of contract of a person is different from debarring...

[Section 223 BNSS] Notice Of Hearing Can Be Issued To Prospective Accused Only After Examining Complainant And Witnesses: Kerala High Court

The Kerala High Court has clarified that before issuing notice to an accused named in the complaint, the Magistrate must first examine the complainant and witnesses on oath as per Section 223 (1) of the BNSS. It further clarified that as per first proviso to Section 223 (1), if the Magistrate decides to take cognizance of the offence, the accused should be given an opportunity of hearing....

EPF Pension | Kerala HC Restrains EPFO From Reducing Higher Pension Of Petitioners Who Contributed Based On Their Actual Salary

The Kerala High Court by an interim order directed the Employees Provident Fund Organisation (EPFO) to not reduce the higher pension drawn by certain persons who retired from Travancore Titanium. The order was passed by Justice Murali Purushothaman in a writ petition filed by 41 pensioners.The Employee Provident Fund Organisation had sent a letter to these employees saying that their pension...

Inquiry Commission Appointed To Examine Munambam Land Dispute Doesn't Have Judicial Or Quasi Judicial Function: State Tells Kerala HC

In its a counter filed to a plea challenging the appointment of a Commission of Inquiry with respect to the Munambam land dispute, the State has told the Kerala High Court that Commission appointed by it has no judicial or quasi-judicial function.The State had appointed retired High Court Justice C. N. Ramachandran Nair as Commission of Inquiry for the purpose of finding a "permanent...

Children's Court Must Verify If Child Can Be Tried As Adult Even If Juvenile Board Has Already Said So: Kerala High Court

The Kerala High Court held that the Children's Court has to conduct an inquiry as to whether a child can be tried as an adult even if the Juvenile Justice Board (Board) has already passed an order saying that the child can be tried so.For context, after the enactment of Juvenile Justice (Care and Protection of Children) Act, 2015 a child in the age group of 16 to 18 who is alleged of committing...

ADM Naveen Babu's Wife Moves Appeal Before Kerala High Court Seeking CBI Probe Into Husband's Death

Deceased ADM Naveen Babu's wife has moved a writ appeal before the Kerala High Court challenging the refusal for ordering a CBI probe into the death of her husband.PP Divya, a member of Communist Party of India (Marxist) which has currently formed government in Kerala is accused of abetting Babu's suicide by humiliating him in public, during his farewell function. ADM Naveen Babu was...

Wife Holding Temporary Job Not Ground To Deny Maintenance, Entitled To Same Standard Of Living As During Marriage: Kerala High Court

The Kerala High Court has held that even if the wife holds a temporary job and earns some income, it does not disentitle her from claiming maintenance from her husband, provided she claims that her income is insufficient for her maintenance.Considering the facts of the case, Justice Kauser Edappagath noted that the wife who has a temporary job and is living in a rented house with a...

Person Guilty Of Offence Involving Moral Turpitude Can't Be Denied Passport If He Was Convicted More Than 5 Yrs Ago: Kerala High Court

The Kerala High Court has held that as per Section 6 (2)(e) of the Passports Act of 1967, passport authority cannot refuse passport to a person held guilty of offence involving moral turpitude, if he has not been convicted within five years preceding the date of filing the passport application.In the facts of the case, the petitioner was convicted on December 31, 2015 for three...

Organ Transplantation Plea Cannot Be Rejected Due To Perception Of Existence Of Large-Scale Commercial Transactions: Kerala HC

The Kerala High Court held that a person's request for kidney transplantation cannot be rejected in a routine and pedantic manner since it directly affects their right to life and health.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu stated that the Authorisation Committee while rejecting application for kidney transplantation must consider each application on its merits...

Money In Bank Account Is 'Property', Liable For Provisional Attachment U/S 281B Of Income Tax Act: Kerala High Court

The Kerala High Court held that cash in bank account is a 'property' liable for provisional attachment under section 281B of the Income Tax Act. The Division Bench of Justices Sathish Ninan and Shoba Annamma Eapen observed that “mere fact that Bank account is not explicitly provided under Section 281B of the Income Tax Act, unlike the GST Act, 2017 which specifically mentions the...

MS Solutions Question Paper Leak Case: Kerala High Court Calls For YouTube Video, Allegedly Leaked Question Paper

The Kerala High Court on Tuesday (28th January) while considering the bail petition of Shuhaib, who is accused of leaking the Kerala State Exam Question paper of 10th standard through his YouTube channel M S Solutions asked the parties to produce the video in which he is allegedly leaking the question paper and the question paper.Shuhaib had submitted in his petition that he predicted...

Non-Bailable Warrant Can't Be Issued Against A Man In Maintenance Proceedings Under Section 125(3) CrPC: Amicus Tells Kerala HC

In case concerning issuance of non-bailable warrant for non-payment of maintenance decreed under CrPC, Amicus Curiae Advocate Paravathi Menon A appointed in the matter told the Kerala High Court on Monday (January 27) that there is no provision for issuing non-bailable warrant for enforcement of a maintenance order under Section 125(3) of Cr.P.C.Section 125 CrPC (Section 144 BNSS) pertains...