Kerala HC Cautions Parents Against Taking Tender Age Children To Protests For Grabbing Attention, 'Wilful Neglect' Will Attract Strict Action

The Kerala High Court has cautioned parents against the rising "trend" of taking small, tender age children to protests and agitations, merely to grab the attention of authorities.The bench of Justice P.V.Kunhikrishnan said such actions often expose the young lives to extreme temperatures, loud noises, crowds and conflicts- causing them emotional trauma, and therefore held that Police can...

Entire TDS Along With Penal Interest Stands Paid By Taxpayer Upon Intimation By I-T Dept.: Kerala HC Quashes Proceedings U/s 276B Of Income Tax Act

The Kerala High Court held that taxpayer cannot be prosecuted u/s 276B of Income tax Act simply because of failure to deduct and pay TDS to the government, once the non-compliance was sorted out and the tax along with penalty was sufficiently deposited to the government, after being informed of the delinquency. As per Section 276B of the Income Tax Act, if a person fails to pay...

CPI(M) Leader MM Lawrence's Body Donation: Daughter Moves Kerala High Court Challenging Decision Of Medical College Principal

Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence has approached the Kerala High Court again aggrieved by the order of the Principal of the Ernakulam Government Medical College hospital for rejecting her objections to conduct the funeral as per Christian rites and rituals.The petitioner had approached the High Court challenging the decision of her siblings and the CPI(M) to donate...

Offences Bailable, Kerala HC Closes Akhil Marar's Anticipatory Bail Plea In Case For Discouraging Contributions To CM Disaster Relief Fund

The Kerala High Court has closed the anticipatory bail petition filed by Malayalam film director Akhil Marar on the report of the Public Prosecutor that the offences alleged against him are bailable. Marar is booked under Sections 45 (abetment) & 192 (provocation to cause riot) of Bharatiya Nyaya Sanhita (BNS) and Section 51 (obstruction of officer or refusal to comply with direction)...

Kerala HC Asks Govt About Feasibility Of State-Wide Campaign For Collecting Electronic Waste, 'Extended Producer Responsibility' Of Manufacturers

The Kerala High Court today asked the government about the possibility of conducting a campaign across the State for the collection of electronic waste.The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P orally stated that citizens must be at least given one opportunity to dispose of their electronic waste. The Court thus directed the Special Secretary of the...

Trial Courts/ Tribunals Must Not Adjourn Cases Based On Oral Submission Of Parties That Matter Is Stayed: Kerala HC Issues Guidelines

The Kerala High Court has directed Trial Courts and Tribunals to not adjourn cases based solely on the oral submission of advocates or parties that the matter has been stayed by the High Court. The Court noted that advocates/parties often claim that there is a stay order from the High Court to adjourn proceedings, when in fact, there is no stay order.Justice P.V.Kunhikrishnan thus stated...

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...