Kerala High Court
Sale Deed Cannot Be Unilaterally Cancelled: Kerala High Court Reiterates
The Kerala High Court has reiterated that there cannot be unilateral cancellation of a sale deed.Justice Gopinath P. relying upon the Supreme Court's decision in Satya Pal Anand v. State of M.P (2016) and the high court's decision in Noble John v State of Kerala (2010) held thus:“Thus it is clear that there cannot be a unilateral cancellation of Ext.P.1 Sale Deed.Accordingly, on the ratio...
Kerala High Court Stays Night Autopsy At Government Medical College Hospital Manjeri Over Infrastructure Concerns
The Kerala High Court has passed an interim order halting the conduct of night autopsies at the Government Medical College Hospital at Manjeri in Malappuram district in a writ petition filed by doctors who raised concerns about insufficient staff and inadequate infrastructure.Justice C S Dias ordered thus, “the learned government pleader seeks further time to get instructions ...direct ..not...
'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court
The Kerala High Court Bench of Justice Dr A. K. Jayasankaran Nambiar and Justice Easwaran S. held that if the parties choose to refer to a singular point for arbitration, then the arbitral tribunal cannot proceed to decide on all disputes. On the contrary, if the parties agree to arbitrate on the entire disputes, then the arbitral tribunal shall have jurisdiction to decide the entire...
Kerala HC Accepts Police Officer's Testimony To Uphold Conviction For Forged Driving License, Says Public Usually Reluctant To Become Witness
The Kerala High Court has observed that the public often shows reluctance to become witnesses, and stated that the testimony of police officers can be admissible, if they are found to be reliable and trustworthy.A single judge bench of Justice M. B. Snehalatha further held testimony of police officer should not be viewed with distrust solely because he is a witness from the Department of...
'They Are Journalists': Kerala High Court Questions POCSO Case Against Reporter TV Editors, Grants Interim Anticipatory Bail
The Kerala High Court on Monday (20th January) granted interim anticipatory bail to Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. The duo is booked under Section 11(i) of the POCSO Act for allegedly sexually harassing a girl child through words and gestures.During the hearing Justice P. V. Kunhikrishnan orally enquired from the State why...
High Court Orders Inquiry Into Credentials Of Litigant Who Challenged Thomas Isaac's Appointment As Kerala Knowledge Economy Mission Advisor
The Kerala High Court on Monday (January 20) ordered the State Government to conduct an inquiry to ascertain the credentials of petitioner, Navas A, who has filed a public interest litigation challenging the appointment of former Finance Minister Dr Thomas Isaac as the advisor of Kerala Knowledge Economy Mission (KKEM).A Division Bench of Chief Justice Nitin Jamdar and Justice S Manu has...
Diocese Cannot Claim Insurance Over Death Of A Priest: Kerala High Court
Kerala High Court held that a “Diocese is not entitled to claim compensation for the death of a deceased priest.”Justice C. Pratheep Kumar made this observation in an appeal filed by the insurance company against the grant of insurance money to the Diocese over the death of a priest from road accident. The deceased was travelling in a motor bike when he was hit by a lorry and succumbed to...
Kerala High Court Weekly Round-Up: January 13- January 19, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 16- 37]Abad Builders Private Limited v State of Kerala and Others & other connected cases, 2025 LiveLaw (Ker) 16Sajeev N. & Others v Anumol P. S. and Others, 2025 LiveLaw (Ker) 17Stephin Raj v State of Kerala, 2025 LiveLaw (Ker) 18C. D. Boby @ Boby Chemmanur v State of Kerala, 2025 LiveLaw (Ker) 19Gargian Sudheeran v State of Kerala &...
Kerala Education Rules | Managers Of Aided Schools Have Duty To Appoint Protected Teachers Only If A List Is Already Sent To Him: High Court
The Kerala High Court held that the managers of aided school have an obligation to appoint 'protected teachers' only when they are already provided with the list of 'protected teachers'Kerala Education Rules (KER) defines protected teacher as a teacher who has been retrenched for want of vacancy after putting such length of regular service as specified by the Government or is otherwise...
Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC
The Kerala High Court observed that reservation provided under Section 34 of the Rights of Persons with Disabilities Act is confined to the posts which are identified by the government for persons with benchmark disabilities under Section 33. As per Section 33, the appropriate Government shall identify posts in the establishments which can be held by respective category of persons with...
Bank Seeking Judicial Declaration Of Sale Deed's Validity Before Sanctioning Loan On Minor's Property Sold Without Prior Approval Not Arbitrary: Kerala HC
The Kerala High Court has held that the bank's insistence for a court declaration on the validity of a sale deed before sanctioning a loan on the property of a minor, sold without approval from the District Court as mandated under the Hindu Minority and Guardianship Act, is not arbitrary or unreasonable.Justice C S Dias noted that Section 8 (2) of the Act mandates that minor's property shall...
Kerala High Court Asks State If Any Guidelines Have Been Issued In View Of Its 2010 Direction Prohibiting Public Meetings On Roads
The Kerala High Court on Friday (January 17) asked the State to inform if any guidelines have been issued by it pursuant to the court's earlier judgment prohibiting public meeting on roads. The court was hearing a petition filed by an advocate complaining about an event reportedly organized by the Balaramapuram Panchayat on January 3, erecting a stage and arranging seats on...