Misconception That Anticipatory Bail Could Be Granted If Custodial Interrogation Was Not Required: Kerala High Court

The Kerala High Court held that it is a common misconception that anticipatory bail could be granted if custodial interrogation was not required. The Court stated that custodial interrogation was just one factor to consider when deciding on an anticipatory bail application.Justice A. Badharudeen stated that the Court has to consider if a prima facie case was made out against the accused,...

Kerala Public Service Commission Can Fill Vacancies That Arise During Validity Of Rank List: Kerala High Court

The Kerala High Court has declared that Rule 14 in the PSC Rules of Procedure empowers the Commission to fill vacancies notified as well as arising from the ranked list during its validity. Rule 14 says that the Commission shall advise candidates for all the vacancies reported and pending before them and the vacancies which may be reported to them for the period during which the rank lists...

Writ Court Has Power To Grant Installments For Payment Of Tax Dues Extending Beyond Installments Provided Under Statute: Kerala High Court

The Kerala High Court has held that the Writ Court has the power to grant instalments, extending beyond the instalments granted by the assessing authority for clearing tax dues under Rule 30 B of the Kerala General Sales Tax (KGST), 1963.As per Rule 30B of the KGST Rules, the assessing authority can permit payment of tax in not more than six monthly instalments based on the request of...

[KAAPA Act] Preventive Detention Involves Curtailment Of Precious Constitutional Guarantees, High Degree Of Diligence Expected From Authorities: Kerala High Court

The Kerala High Court held that authorities are expected to act diligently in matters relating to preventive detention since that involves curtailment of the fundamental rights of citizens.In the present case, the representation was submitted by the detenu to the government on February 15, 2024, against the detention order. It was considered only on April 08, 2024, after receipt of the...

Kerala High Court Weekly Round-Up: May 27 – June 02, 2024

Citations: 2024 LiveLaw (Ker) 305 To 2024 Livelaw (Ker) 325Nominal Index Musthafa & Others v State of Kerala & Others, 2024 LiveLaw Ker 305Dr Rema M v The Director Of Collegiate Education And Others & Connected Matter, 2024 LiveLaw Ker 306Sobhin Sunny v State of Kerala, 2024 LiveLaw Ker 307Bharat Raj Meena v Central Bureau of Investigation, 2024 LiveLaw Ker 308Abu @Abdulla v State...

Vloggers Recording Video Inside Driver Cabin Of Moving Vehicles To Be Booked Under Motor Vehicles Act: Kerala High Court

The Kerala High Court has directed the Enforcement Officers in the Motor Vehicles Department to collect videos of extensively modified and altered vehicles by registered owners or vloggers uploaded on online video platforms like YouTube.The Court further directed that vloggers who record video inside the driver's cabin of the moving vehicle disturbing the driver's concentration and...

Claim For Sales Tax Exemption In Respect Of Transit Sales To Be Justified By Showing Sale As Having Occurred In Transit: Kerala High Court

The Kerala High Court has held that a claim for exemption in respect of transit sales must be justified by showing the sale as having occurred in transit.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that the petitioner/assessee cannot establish the transit sales by showing the sale as having occurred in transit since the E1 Forms relied on by...

Judge's Career Not Path Filled With Rose Petals : Justice Mary Joseph In Farewell Speech

Justice Mary Joseph is retiring from service as the judge of the High Court on the forenoon of June 02, 2024. A farewell function was arranged by the Kerala High Court for her on May 31,her last working day as a judge.“I come from a Humble beginning, so it is only fitting that I take my leave in a humble manner,” she said.She began her speech by saying that her heart is filled with...

Kerala High Court Issues Directions To Prevent Dumping Of Waste In Public Places, Set Up Plastic Bottle Collection Booths & Create Awareness In Schools

The Kerala High Court has issued directions to sensitize, create awareness and to prevent the public from dumping of waste onto public places.The Division Bench comprising Justice Bechu Kurian Thomas and Justice Gopinath P. sought instructions from the state government about the steps taken to sensitize school students to avoid dumping waste in public places. The Court has also sought a...

PIL In Kerala High Court Seeks To Ban Transporation & Cultivation Of Arali Plant In State After Death Of Nurse

A public interest litigation was filed before the Kerala High Court to ban the use, transportation and cultivation of the Oleander plant (Arali) from the State.The petition was filed after the death of a nurse who died from a heart attack on April 28 allegedly caused by consuming Arali leaves. This matter has led to a discussion on whether Arali is safe to be used in pujas. Surya Surendran...

Lawyer Moves Kerala High Court Over Water Pollution In Ashtamudi Lake And Mangrove Forest Destruction

A plea has been moved before the Kerala High Court by Advocate Boris Paul, President of the Kollam Bar Association against waste dumping and illegal encroachments in the Ashtamudi lake causing water pollution and destruction of mangrove forests.Ashtamudi Lake in Kollam district is Kerala's second-largest wetland ecosystem. It is designated as a wetland of international relevance under the...

[Veterinary Student Death] Kerala High Court Grants Bail To 19 Students Accused Of Abetment To Suicide, Assault & Criminal Conspiracy

The Kerala High Court has granted bail to 19 students accused of committing abetment to suicide, criminal conspiracy and assault of Sidharthan J S, a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad. Sidharthan allegedly committed suicide on February 18, 2024, because of ragging and brutal assault from...