Plea In Kerala HC Seeks Equitable Representation Of Backward Community In Appointment Of High Court Judges

A plea has been moved in the Kerala High Court by a Scientist retired from the Indian Council of Agricultural Research (ICAR), seeking equitable representation of backward classes such as Scheduled Castes, Scheduled Tribes, Latin Catholics, etc. in the appointment of High Court Judges in the State. Dr. M.K. Mukundan, who himself belongs to a backward community alleged that the principles...

Mere Procedural Violations Not Sufficient To Vitiate Lok Adalat's Award Of Settlement: Kerala High Court

The Kerala High Court has recently held that in order to vitiate an award passed by a Legal Services Authority, it would have to be established that the Authority had no jurisdiction to pass such an award, and mere procedural violations would not suffice. A division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen dismissed an intra-court appeal against a...

[S.239 Municipality Act] Advance Notice Regarding Vacancy Of Building Mandatory To Claim Remission Of Property Tax: Kerala High Court

The Kerala High Court has made it clear that advance notice has to be served to the Secretary under Section 239(3) of the Municipality Act in the half-year claiming remission for the succeeding half-year, otherwise, no remission of property tax could be granted. Justice Dinesh Kumar Singh observed that advance notice was mandatory for claiming remission of property tax. “In the present case,...

Kerala Villagers Approach High Court Alleging Illegal Construction Of Telecom Tower In Environmentally Hazardous Area

The residents of Athavanad Grama Panchayat, Malappuram, have approached the Kerala High Court against alleged illegal construction of a telecommunication tower in the environmentally high hazard hilly terrain area, Nellithada Kunnu, without permission from the Secretary of the Panchayat. Single Judge Bench of Justice Bechu Kurian Thomas on Friday sought response of the respondent...

Can't Stifle Police Investigation Initiated At Orders Of Magistrate U/S 156(3) CrPC, Accused May Raise Challenge At Cognizance Stage: Kerala HC

The Kerala High Court has said that when a FIR is registered at the directions of a Magistrate under Section 156(3) CrPC, the High Court may not exercise jurisdiction under Section 482 CrPC and quash such FIR unless there are compelling and justifiable reasons.Justice Sophy Thomas said that in such cases, the accused may raise a challenge if final report is filed charging him/her for a...

All India Tourist Buses Cannot Be Operated As Stage Carriages : Kerala High Court

The Kerala High Court on Friday passed an interim order directing that all India tourist vehicles cannot be permitted to operate as stage carriers. The Court also directed that authorities can take appropriate actions against tourist buses with all India tourist permits that operate as stage carriages.Justice Dinesh Kumar Singh also directed the petitioners who were tourist bus operators to...

Cricketer Sreesanth Moves Kerala High Court For Anticipatory Bail In Cheating Case

Indian Cricketer S. Sreesanth has approached Kerala High Court seeking anticipatory bail in a cheating case. When the matter was taken up on Friday, Justice Mohammed Nias C.P. asked the State not to take any coercive action against the Cricketer till the next date of posting on November 28, 2023 (Tuesday).The prosecution allegation is that two accused persons had made the complainant part...

Kerala High Court Gives ED Nod To Issue Fresh Summons To KIIFB, Former Minister Dr. Thomas Issac In 'Masala Bonds' Case

The Kerala High Court on Friday granted permission to the Enforcement Directorate (ED) to issue fresh summons to Kerala Infrastructure Investment Fund Board (KIIFB), and former Minister, Dr. T.M. Thomas Issac, in relation to the masala bonds case. ED had issued summons to KIIFB, and the then Finance Minister, Dr. Issac, alleging violations of provisions under the Foreign Exchange Management...

Can't Use Children For Non-Educational Activities Like Govt's 'Nava Kerala Sadass': High Court

Reinforcing the fundamental right to education, the Kerala High Court has made it clear that schools and educational authorities can't compel children to participate in activities of non-educational colour, such as state government's 'Nava Kerala Sadass'.The programme envisages direct interaction of top officials with the people and redressal of their grievances. Employees in public service...

Kerala High Court Rejects Assessee ’s Claim For Service Tax Refund To Meet VAT Demand On Pest Control Contract

The Kerala High Court has rejected the assessee's claim for a service tax refund to meet the VAT demand on the pest control contract.The bench of Justice Anu Sivaraman has observed that the claim of the petitioner that the service tax authorities must be directed to meet the demand for VAT, if any, found payable by the petitioner cannot be accepted.The petitioner or assessee is in the business...

Enacting Laws In English Will Not Deter Growth Of Regional Language: High Court To Kerala Govt

The Kerala High Court on Friday emphasized the need for publishing statutes and rules in English language, as envisaged in Article 348(3) of the Constitution. Article 348(3) permits usage of any local language other than English for use in the Legislature of the State but requires that a translation of the same in the English language be published under the authority of the Governor of the...

Real Estate Appellate Tribunal Can Appoint Commission For Getting Material Aspects Required For Settling Disputes: Kerala High Court

The Kerala High Court recently laid down that that the Kerala Real Estate Appellate Tribunal, which has special power to regulate its own procedure, can appoint a Commission as well, if the Tribunal is of the opinion that appointment of such a Commission is necessary for getting certain material aspects, which are required for the purpose of deciding the matter in controversy in between...