Kerala High Court Warns Its Staff Against Online Gaming, Trading Or Scrolling Social Media During Office Hours

The Kerala High Court Registrar General has recently issued an Official Memorandum banning mobile phone use during office hours. Senior officers provided with mobile phones and chauffeurs are exempted from this direction.The notification said that the action was taken after it came to the notice that many staff were playing online games, watching social media content during work hours and...

“If Mullasserry Canal Doesn't Flow, Kochi Will Drown”: High Court Tells Ernakulam Collector To Look Into Rejuvenation Of Canal

The Kerala High Court on Wednesday (December 4) asked the Ernakulam Collector to look into the issue of rejuvenation of Mullassery Canal and the leakage in the flat complex constructed by the Greater Cochin Development Authority (GCDA). Justice Devan Ramachandran said that the issue will be exacerbated if rainfall occurs.The developments ensued in a petition filed in 2018 regarding the...

Courts Must Be Liberal In Giving NOC For Issuance Of Passport When Applicant Is Accused Of Matrimonial/Trivial Offence: Kerala HC

The Kerala High Court has said that Courts have to be liberal while considering issuing a No Objection of Certificate for passports when the case pending against the applicant is a matrimonial issue or a trivial/ simple offence.In doing so the court said that if a liberal approach is not adopted in such cases, the applicant's right to go abroad to carry out their employment, without...

Provisions Of Foreign Trade Policy Cannot By Itself Authorise Levy Of Interest U/S 28AA Of Foreign Trade Act: Kerala High Court

The Kerala High Court stated that the provisions of the Foreign Trade Policy cannot by itself authorise the levy of interest under Section 28AA of the Foreign Trade (Development and Regulation) Act, 1992, as such levy must be supported by plenary legislation. The Bench of Justice Gopinath P. was considering a case where the assessee challenged the interest imposed upon him under...

Loss In Derivatives Is Not A Speculative Transaction And Can Be Set Off Against Business Income Of Assessee: Kerala High Court

The Kerala High Court stated that loss in derivatives is not a speculative transaction and can be set off against business income of the assessee. Further, this is not a case where Section 73 of Income Tax Act is attracted since it deals with losses in speculation business. The Bench of Justice A.K. Jayasankaran Nambiar observed that “……..a loss in the derivative...

Kerala HC Pulls Cochin Devaswom Official For Violating Guidelines Regulating Parading Of Elephants At Temple Festivals, Seeks Affidavit

The Kerala High Court has directed an official of the Cochin Devaswom Board to file an affidavit before the Court regarding alleged breach of guidelines issued regulating the parading of Elephants during Temple festivals.Last week, the Court had dismissed an application moved by the Devaswom Board for modification of the 3-meter distance rule between Elephants paraded at the Thripunithura...

Kerala High Court Monthly Digest: November 2024 [Citations: 687-765]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 687- 765]Babu K Korah v State of Kerala, 2024 LiveLaw (Ker) 687X v State of Kerala and Anr, 2024 LiveLaw (Ker) 688Dr K Jayaprasad v Dr Jitha S R, 2024 LiveLaw (Ker) 689Indian Broadcasting And Digital Foundation V The Telecom Regulatory Authority Of India, 2024 LiveLaw (Ker) 690Anu S P v State of Kerala , 2024 LiveLaw (Ker) 691Ajith Pillai v State...

Candidate Who Undertakes Degree Course With Two Main Subjects Would Get Advantage Of Two Main Degrees: Kerala High Court

The Kerala High Court has stated that a candidate who underwent a degree course having two main subjects would get the advantage of two main degrees.In the facts of the case, a candidate who has a BA in Arabic and Islamic History from Calicut University was stated to be not eligible to apply for a post advertised by the Public Service Commission requiring a degree in Arabic, due to his dual...

POCSO Act Being Misused By Certain Persons To Wreak Vengeance Against Their Rivals: Kerala High Court

The Kerala High Court has observed that provisions of the POCSO Act were being misused by certain persons to wreak vengeance against their rivals with ulterior motives. It thus stated that the Courts must "segregate the grains from the chaff to analyse whether the allegations" make out a prima facie case or not for prosecution under the POCSO Act.Justice A. Badharudeen observed that the...

Mother Was 'Shocked' To Find Unmarried Daughter Pregnant, Delay In Reporting To Police Justified: Kerala HC Quashes Case U/S 19 POCSO Act

The Kerala High Court has held that the trauma and shock of a mother coming to know of her minor, unmarried daughter's pregnancy is a justifiable reason for delay in informing the POCSO offence to the police. Justice A. Badharudeen observed that in one way the mother can also be considered the victim of the crime and thus, prosecuting her under Section 19 of the Act is like “putting...

Registrar Of Co-Operative Societies Must Provide Information Under RTI Act Provided It Is Not Exempt From Disclosure: Kerala HC

The Kerala High Court has said that if the Registrar of Co-operative Societies has access to the information requested by an applicant under the Right To Information Act, and if the information is not exempt from disclosure under Section 8(1) of the Act, the official is obligated to provide that requested information to the applicant.In the case before the high court, an application under the...

High Court Directs Kochi Municipal Corporation To Nominate Custodian For Living Will Of Retired Doctor Within A Week

The Kerala High Court on Monday (December 2) directed the Kochi Municipal Corporation to nominate a custodian for the Living Will of retired doctor Martha Jacob, within a week.The 70 year old had moved the High Court to appoint a custodian for her living will. She suffered a stroke in 2023 and her mobility has been severely restricted after that. She in her living will had given directions to...