[S.73 Evidence Act] Trial Court Is Empowered To Compare Disputed Handwriting In Cheque Dishonour Cases: Kerala High Court

The Kerala High Court held that a Trial Court can compare the disputed handwriting and prove the handwriting of a person in a case where the accused had already admitted his signature in a cheque dishonour case. In the present case, the accused was charged under Section 138 of the Negotiable Instruments Act and had claimed that while the signature on the offending cheque was his, the contents...

Untimely Demise Of Husband Sufficient Explanation To Condone Delay In Seeking Leave To Continue Appeal On His Behalf: Kerala High Court

The Kerala High Court has stated that the untimely death of the husband is sufficient reason to condone 20 days delay in filing an application seeking leave under Section 394 of CrPC.Section 394 of CrPC provides for abatement of criminal appeal on the appellant's death. As per the provision, near relatives can apply for leave to continue the appeal within 30 days of the death of the...

Wayanad Landslide: Kerala High Court Holds Full Court Reference To Condole Loss Of Lives, CJ Calls For 'Determination To Build Safe Future'

The Kerala High Court today held a Full Court reference to express condolences for the loss of lives and to show support to the survivors of the landslides in Wayanad, which affected the areas of Mundakkai and Choormala. The death toll from the disaster is nearing 300, with several persons still missing.The Acting Chief Justice A. Muhamed Mustaque expressed his collective solidarity...

'Group of Companies' Doctrine Not Applicable When The Party Is Not Referred To Arbitration: Kerala High Court

The Kerala High Court has held that 'Group of Companies' doctrine is not applicable when the third party is not even referred to the arbitration. The Supreme Court adopted the 'Doctrine of Group of Companies' in Cox and Kings Ltd. v SAP India Private Limited and Other (2023). The Apex Court held that a non- signatory affiliate or a sister or parent company can be a party to the...

Kerala Toddy Workers Welfare Fund, Employee Of Licensee, Not An Employer: Kerala High Court

A single judge bench of the Kerala High Court, comprising Justice Dinesh Kumar Singh, while deciding writ petitions held that an employee who is merely associated with the conduct of business and not in a position to employ others on his own behalf, cannot be said to be an employer. Background Facts The employee (Petitioner) was a worker in toddy shops Nos. 135 to 138 and 119 to...

Six-Day School Week | Kerala HC Quashes Decision To Make 25 Saturdays Working Days, Says Adverse Impact On Student's Mental Health Not Considered

The Kerala High Court has quashed the decision of the Director of General Education in so far as it makes 25 Saturdays as working days out of 35 Saturdays in an academic year. The Court observed that the decision to implement a six day working week with Saturdays working was made without considering its adverse effects on the mental health of students. In this case, several writ petitions...

Wayanad Landslides: Kerala High Court To Hold Full Court Reference To Condole Loss Of Lives

The Kerala High Court will hold a reference on 2nd August at 10:15 am to condole the large-scale loss of lives and to express solidarity with the survivors who lost their homes and family members in the landslides in Wayanad. The reference will be held in the court of the Chief Justice.On Tuesday, extremely heavy rainfall in Wayanad triggered landslides in the hilly areas of the...

Kerala HC Calls For Suggestions On Utilization Of Available Space At DRT Ernakulam, Emphasises On Separate Toilets For Female Advocates

The Kerala High Court has directed the Debt Recovery Tribunal Advocates Association, the Union Government, and the Registrar of DRT to submit statements with their suggestions on how to best utilize the available space for the benefit of lawyers practising in DRT, ErnakulamJustice V G Arun directed the parties to specifically address the issue of providing toilet facilities for female...

Appellate Court Can't Direct Party To Deposit Part Of Amount Covered By Impugned Verdict As Condition To Condone Delay: Kerala High Court

The Kerala High Court has held that an appellate Court cannot direct a party to deposit part of the amount covered by impugned verdict, as a prerequisite to condone the delay in filing the appeal.The delay condonation plea and the appeal filed by the revision petitioner were dismissed by the Sessions Court citing non-compliance with its order to pay maintenance arrears. Justice A....

Kerala High Court Says It Lacks 'Supervisory Jurisdiction' Over NCDRC

The Kerala High Court has held that it can exercise its supervisory jurisdiction under Article 227 of the Constitution only over Courts and Tribunals falling within its territorial jurisdiction.The petitioner filed an appeal against the judgment of the Kerala State Consumer Disputes Redressal Commission before the National Consumer Disputes Redressal Commission (NCDRC) in New Delhi. Aggrieved...

High Court Can Exercise Inherent Power U/S 482 CrPC To Quash ECIR Registered By Enforcement Directorate: Kerala High Court

Kerala High Court has held that even though ECIR is an internal and administrative document, the same can be quashed by the High Court exercising its inherent powers under Section 482 of Code of Criminal Procedure (Cr.P.C).Justice Bechu Kurian Thomas observed:“Any order passed under the provisions of the Cr.P.C can be given its full effect by issuing appropriate orders under section 482...

Whether Income Received By Kerala Cricket Association Would Be Exempted Income Or Not? Kerala High Court Remands Back Matter To ITAT

The Kerala High Court has remanding the matter to the Income Tax Appellate Tribunal (ITAT) to determine whether income received by the Kerala Cricket Association during the assessment years 2010-11, 2012-13, and 2013-14 would partake of the nature of exempted income going by the provisions of Section 2(15) of the Income Tax Act.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam...