Tenant Who Hasn't Paid Rent Can't Seek Protection From Eviction : Kerala High Court Issues Guidelines

The Kerala High Court has held that a tenant, who has failed to pay rent, cannot seek protection from the Court against eviction proceedings.Calling it a "disquieting litigative trend", Single bench of Justice C. Jayachandran held that a Landlord is the paramount title holder of the tenanted premises and the tenant's right to occupy the same is wholly dependent on his obligation to pay...

District Judges Face Numerous Challenges, Need HC's Support; Advocates Also Have Expectations From System: Kerala High Court CJ Nitin Jamdar

While speaking at the Full Court reference held to welcome him, the newly appointed Kerala High Court Chief Justice Nitin Madhukar Jamdar drew attention to difficulties faced by State's district judiciary, advocates and the Registry.Justice Jamdar was sworn in as the Kerala High Court CJ yesterday (September 26) and while he expressed gratitude for the opportunity, he also reflected on...

Kerala High Court Reserves Order On Woman's Plea Alleging Non-Registration Of FIR Over Alleged Rape By Police Officers

The Kerala High Court has reserved its orders in a plea moved by a woman alleging failure to register FIR against four higher police officials in the Malappuram district in Kerala who raped and sexually assaulted her.Justice A. Badharudeen condemned the act of not registering an FIR when there are allegations of cognizable offences like rape. It orally stated that the government and...

High Court Strikes Down Sections 3A & 6A Of Kerala Cashew Factories (Acquisition) Act As Unconstitutional And Arbitrary

The Kerala High Court has struck down Section 3A of the Kerala Cashew Factories (Acquisition) Act, 1974 amended by the Kerala Cashew Factories (Acquisition) Amendment Act, 2015 and Section 6A which was inserted by the 2015 Amendment as unconstitutional and arbitrary.Justice Gopinath P passed the order by relying upon the Apex Court decision in S.T. Sadiq v. State of Kerala and others (2015)...

Kerala High Court Directs Co-Op Bank To Release Gratuity And Provident Fund Of Employee Against Whom Surcharge Proceedings Were Pending

The Kerala High Court directed the bank to pay gratuity and provident funds to the employee against whom surcharge proceedings under Section 68 of the Kerala Co-operative Societies Act (KCS Act).The bank claimed that the retired employee is not entitled to retiral benefits as she has not paid the Rs. 3,25,53,652 surcharge fixed under Section 68 of the KCS Act. Further, she has also not...

Justice Nitin Madhukar Jamdar Sworn In As The Chief Justice Of Kerala High Court

Justice Nitin Madhukar Jamdar was sworn in as the Chief Justice of Kerala High Court today (September 26, 2024) at 10 am at Raj Bhavan, Thiruvananthapuram. The oath of office was administered by Governor Arif Mohammed Khan. Chief Minister Pinarayi Vijayan was also present during the swearing in ceremony. Justice Jamdar was appointed as a judge of the Bombay High Court on January 23, 2012. He...

[Actress Assault Case] Kerala High Court Reserves Order On Application Filed By Survivor Seeking To Quash Fact-Finding Inquiry Report

The Kerala High Court has reserved for order the application filed by the survivor in the 2017 actress sexual assault, involving Malayalam actor Dileep.Justice C S Dias reserved for order the application filed by the survivor to set aside or quash the fact-finding inquiry report dated January 08, 2024, submitted by the Ernakulam Sessions and District Judge. The writ petition filed by...

Managing Director Of Newspaper Has No Direct Role In Selecting News, Chief Editor/Editor Is Responsible: Kerala High Court In Defamation Case

The Kerala High Court held that a managing director has no role in selecting the news item. The Court said these while quashing the further proceedings against the Managing Director of Rashtradeepika in a defamation case. The complainant filed this case saying that a news item published in the newspaper was defamatory against her. The Court, however, declined to quash further proceedings...

'RDF Not Declared Unlawful Or Terrorist Organization Under UAPA' : Kerala High Court Acquits Five In Alleged Maoist Meeting Case

The Court observed that there was no evidence that RDF was a frontal organization of CPI(Maoist).

Woman Who Made Allegations Against Actors After Release of Hema Committee Report Approaches Kerala HC Seeking Anticipatory Bail

Malayalam actress who named several actors alleging that they abused her has approached the High Court seeking anticipatory bail. She mentioned that there are news and allegations in mainstream media saying that she gave fake complaints against these actors. She submitted in her petition that she has not received any information of any crime being registered against her in any police station...

[Hindu Marriage Act] Children Born Out Of Void Marriage Also Have Right To Property Of Parents: Kerala High Court

The Kerala High Court recently granted terminal and pension benefits to three children born from a man's invalid second marriage, which he entered into without dissolution of the first marriage.Justice Harisankar V. Menon relying upon the Apex Court decision in Revanasiddappa v. Mallikarjun (2023) and amended Section 16 of the Hindu Marriage Act (legitimacy of children of void and...

Govt Maintained Silence On Hema Committee Report For 5 Yrs, Allegations Came To Light Only After Court's Intervention: Kerala High Court

The Kerala High Court today expressed regret over the Government maintaining silence on the Hema Committee Report, which disclosed allegations of widespread sexual harassment and other issues faced by women in Malayalam film industry, for five long years.While dismissing the anticipatory bail plea of actor Siddique in a rape case, Justice C. S. Dias observed,"The Government of Kerala...