Munambam Waqf Dispute: "Will Temporarily Protect Land Owners From Dispossession": Kerala HC Says In Plea Challenging Provisions Of Waqf Act

The Kerala High Court on Tuesday (10th December) orally remarked that it could give interim protection from dispossession to the residents of disputed Waqf land at Kochi's Munambam. The development comes in a petition filed by persons claiming that their predecessors had bought the disputed land in Munambam from Farook College. The property was enlisted in the Waqf registry in 2019, saying...

CPI(M) Area Conference: Kerala HC Seeks Personal Appearance Of Circle Inspector Over Violation Of Judgment Prohibiting Public Meet On Roads

The Kerala High Court has sought personal appearance of concerned Circle Inspector of Police on Thursday (12 December), to explain the facts and circumstances in the contempt petition against CPI(M) State Secretary M V Govindan for allegedly blocking public roads for holding Palayam area conference.The party conference was held on December 05, which allegedly blocked the road in front of...

Oral Complaint Can't Substitute Requirement Of Written Compliant For Conducting Inquiry Under POSH Act: Kerala High Court

The Kerala High Court has held that oral complaints given by an employee alleging sexual harassment to various authorities cannot be a substitute for a written complaint for carrying an inquiry under Section 11 of the Prevention of Sexual Harassment at Workplace Act.In the facts of the case, the local level committee constituted under Section 6 of the Act initiated the inquiry based on...

Kerala High Court Extends Waqf Board's Term Until Election Process Initiated By State Concludes

The Kerala High Court recently extended the term of the state Wakf Board–whose term was set to expire on December 14–until the election initiated by the state government for the constitution of the board is concluded.The Division Bench of Justice Amit Rawal and Justice Easwaran S ordered thus: “we further issue a direction that the term of the elected body of the Board which is going...

Borrowers Breaching Terms & Conditions Of OTS Scheme Cannot Seek Direction From Court To Compel Bank To Honour Obligations: Kerala High Court

The Kerala High Court has held that borrowers who breach the terms and conditions of the One Time Settlement (OTS) Scheme, cannot be permitted to seek directions from the Court to compel the bank to honour its obligations under the OTS Scheme.The present appeals were filed by the State Bank of India, aggrieved by the orders in the writ petitions where benefits under the OTS Schemes were given...

'Zero FIR' Has Been Introduced U/S 173 BNSS To Ensure Victims Can File Complaints Regardless Of Jurisdiction: Kerala HC

Elaborating on Zero FIR, the Kerala High Court said that the provision has been introduced in the BNSS to primarily ensure that victims can file complaints regardless of jurisdiction.The court also said that under Section 173 BNSS police cannot refuse to register an FIR merely because a part of the offence has happened outside the limit of the local jurisdictional police station. Justice...

"No Woman Would Commit Suicide In Nudity, Clear Case Of Homicide": Kerala High Court Upholds Husband's Conviction For Wife's Murder

The Kerala High Court has upheld the life sentence given to the husband under Section 302 of the IPC for the murder of his wife by hanging. The Court upheld the conviction by ruling out the possibility of suicide since the body of the deceased was found hanging in a nude state in a lodge room which was locked from the outside.The Division Bench of Justice P.B. Suresh Kumar and Justice...

Kerala High Court Weekly Round-Up: December 2 - 8, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 766 – 781]C. Alavi v The State of Kerala and Another, 2024 LiveLaw (Ker) 766T. N. Mukundan v State of Kerala and Others, 2024 LiveLaw (Ker) 767Motorsigns India v State of Kerala & Connected Matters, 2024 LiveLaw (Ker) 768Nizar v State of Kerala , 2024 LiveLaw (Ker) 769Aravindakshan P. R. v Assistant Director, ED and Another, 2024 LiveLaw...

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains

The Kerala stated that there is distinction between entertainability and maintainability of a writ petition filed under Article 226 of the Constitution. The Court explained that the jurisdiction of a writ court is not generally invoked when there is an alternative remedy available, and in such cases, the Court may decline to entertain the petition. The Court stated that having an...

Contempt Case Filed In Kerala High Court Against CP(I)M State Secretary MV Govindan For Blocking Roads To Hold Party Conference

A contempt case has been filed against CP(I)M State Secretary M V Govindan in the Kerala High Court for allegedly blocking the roads by constructing a stage for holding Palayam area conference of the party on December 5. The contempt case has been filed alleging that the MV Govindan has violated the directions of the Court dated June 23, 2010 in WP(C) No. 19253 of 2010, where a Division...

Mere Giving Of Hand Loans On One Or Two Occasions Is Not 'Money Lending Business': Kerala High Court

The Kerala High Court has ruled that the mere giving of hand loans on one or two occasions cannot be considered as engaging in money lending business, since that would discourage people from offering emergency hand loans due to fear of penal consequences under the Kerala Money-Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act.In the facts of the case, the petitioners...

Shouldn't Everyone Else Have Darshan?: Kerala HC Enquires On Incident Involving 'VIP Darshan' Of Actor Dileep At Sabarimala

The Kerala High Court while hearing a suo motu matter dealing with the issue of VIP 'Darshan' of actor Dileep at Sabarimala questioned whether other pilgrims shouldn't also be entitled to darshan of the temple. In a report submitted by the Special Commissioner of Sabarimala and Additional District Magistrate Sabarimala, it was pointed out that the darshan of Dileep caused choking of queue in...