Court's Must State Reasons In Order Of Discharge; Cryptic & Non-Speaking Orders Are Not Sustainable: Kerala High Court

The Kerala High Court held that the order of dismissal of discharge should be a reasoned order and not cryptic.“As far as the legal position regarding the essentials of an order of discharge is well settled. While passing an order of discharge by allowing the same or dismissing the same the Courts must have to state reasons for passing such orders and an order without recording reasons in...

Mere Regulatory Or Statutory Control Over District Rifle Association Doesn't Make It 'State' Under Article 12: Kerala High Court

The Kerala High Court held that writ jurisdiction cannot be invoked against the Ernakulam District Rifle Association which is a society registered under a society registered the Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955. The Court stated that a writ petition is not maintainable against a Society registered under the provisions of the Travancore Cochin,...

Centre Notifies Appointment Of MB Snehalatha As Additional Judge Of Kerala High Court

The Central Government has notified the appointment of Smt. Marakkaparambil Bhargavan Snehalatha as Additional Judge at the High Court of Kerala. The Supreme Court Collegium had recommended their name for appointment as Judge on 10 October 2023.A notification was issued by the Ministry of Law and Justice on the 19th of April 2024. The appointment is made for two years with effect from the date...

Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts

A plea has been moved before the Kerala High Court seeking a direction to the Union Government and State Government for the formulation of welfare measures to ensure legal representation of Non-Resident Indians in foreign courts.Justice Shoba Annamma Eapen issued a notice to the Union Government and State Government. The petitioner is a 39-year-old woman who is working in Dubai. Both...

'Thrissur Pooram' One Of Kerala's Biggest Festivals: High Court Modifies Timings In Prohibitory Order Directing Closure Of Toddy & Liquor Shops

A writ petition was filed before the Kerala High Court challenging a prohibitory order dated April 09 issued by the District Collector directing the closure of all Toddy Shops, Beer Parlours, Wine Parlours and Bars to prohibit the sale of liquor and other intoxicants within Thrissur Taluk from 2 am on April 19 to 2 pm on April 20 due to Thrissur Pooram.Justice Shoba Annamma Eapen observed...

Family Members Of Deceased Govt Employee Can't Make Repeated Claims For Compassionate Appointment: Kerala High Court

The Kerala High Court held that authorities cannot be expected to continuously offer appointments on compassionate grounds to the legal heirs of a deceased employee.“It cannot be construed that the scheme of compassionate appointment permits the members of the family to raise repeated claims for appointment. One must remember that the compassionate appointment is not a method of appointment...

Insulting Deceased By Using Abusive Language Will Not By Itself Constitute Abetment Of Suicide: Kerala High Court

The Kerala High Court has allowed an application for anticipatory bail in a matter relating to abetment of suicide, stating that there should be evidence to suggest, prima facie, that the accused intended by such acts to instigate the deceased to commit suicide.“The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment...

Cross Cases Shall Be Tried By The Same Court To Deter Conflicting Judgements On Similar Set Of Facts: Kerala High Court

The Kerala High Court reiterated that the same court shall try cross cases. On analyzing judicial precedents pertaining to trial of cross cases, The Court laid down the following reasons to state that the same court shall try cross cases.“ The judicial precedents underline the reason for such a procedure as (a) it prevents the danger of an accused being convicted before his whole case is...

Plea In Kerala High Court Against Police Misbehaviour, Seeks Compensation For Wrongful Death Of Student In Car Chase

A plea has been moved before the Kerala High Court against police misbehaviour seeking compensation for the wrongful death of the petitioner's son.The petitioner is the mother of Muhammed Farhaz who died due to a police chase on the 25th of August 2023. The petitioner alleges that the victim along with 3 other students had left the school in a car for the Juma prayers and had been stopped by...

Affidavit Of Settlement No Grounds To Quash Case For Abetment Of Suicide If Materials On Record Indicate Offence: Kerala High Court

The Kerala High Court has rejected a petition to quash proceedings for an offence punishable under Section 306 (abetment of suicide) holding that an affidavit by the relative of the victim could not be grounds for quashing if the materials placed on record indicate the commission of the offence.“When the facts of the case placed on materials and other materials prima facie would...

Malabar 'Parota' Is Akin To 'Bread', Exigible To 5% GST: Kerala High Court

The Kerala High Court has held that Malabar 'Parota' is akin to 'bread' and is exigible at the rate of 5% GST and not 18% GST.The bench of Justice Dinesh Kumar Singh has observed that Malabar 'Parota' and Whole Wheat Malabar Parota are exigible at the rate of 5% GST and not 18% as held by the Advance Ruling Authority and Advance Ruling Appellate Authority.The petitioner is in the business...

[Actress Assault Case] Kerala High Court Dismisses Actor Dileep's Appeal Against Order Providing Witness Statements To Survivor

The Kerala High Court dismissed an appeal moved by Malayalam actor Dileep against the single judge's order dated April 12, 2024 directing the Ernakulam District and Sessions Judge to provide copies of statements of persons examined during the fact-finding inquiry.Justice N. Nagaresh and Justice P.M. Manoj dismissed the appeal filed by Dileep today. On April 12, 2024, the single judge of Justice...