S.107 Transfer Of Property Act | Lease Deed For Under 12 Months Cannot Be Rejected Due To Non-Registration: Kerala High Court

The Kerala High Court has clarified that a lease deed for less than 12 months cannot be rejected for want of registration under Section 107 of the Transfer of Property Act.“A mere reading of Section 107 of the Transfer of Property Act, will make it clear that the requirement of compulsory registration of lease deed is applicable only in respect of a lease from year to year or for any...

Land Used For Cardamom Plantation Can't Be Changed Without Collector's Permission, NOC Mandatory For Any Construction: Kerala High Court

The Kerala High Court has held that land utilized for the cultivation of cardamom should be retained for cardamom cultivation itself and any violation would result in resumption of land with the Government.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen stated that land utilized for cardamom cultivation under the Kerala Land Utilisation Order (KLUO)...

Changing Name Of School Would Create Confusion For Students & Parents: Kerala High Court Quashes KESCPCR Order

The manager of an unaided school functioning under the provisions of the Kerala Education Act and Rules thereunder with the name 'Little Flower Girls Higher Secondary School' approached the Kerala High Court against orders issued by authorities to remove the term 'Girls' from its name. The order was issued by the Kerala State Commission For Protection Of Child Rights. Justice...

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities.The Court was considering a writ petition filed by a workman of the State Bank of Travancore who was removed from service pursuant to departmental enquiry for fraud committed on the bank....

Kerala HC Directs CBSE, State To Form Committee For Designing Age-Appropriate Prevention-Oriented Curriculum To Raise Awareness, Reduce Instances Of Sexual Offences

The Kerala High Court has directed the State to form a committee of experts to design a curriculum to impart age-appropriate prevention-oriented programmes on sexual abuse.“At times the sexual acts are committed with the belief that the consent of both partners is sufficient to absolve them from the crime. By the time they realize their assumptions to be mistaken notions, it is too late in...

Kerala High Court Admits Youth Congress Worker's Plea Seeking Compensation For Injuries Allegedly Sustained From Police Lathi Charge

The Kerala High Court last week admitted a plea moved by an Indian Youth Congress (IYC) worker seeking compensation for head and neck injuries allegedly sustained in a police lathi charge during a peaceful protest march held to the Alappuzha Collectorate on January 15. The IYC had organized the protest march against alleged police harassment of IYC Kerala President and congress workers...

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]

Nominal Index [Citations: 2024 LiveLaw (Ker) 146 – 210]Ahammedkutty Bran v Sukumaran 2024 LiveLaw (Ker) 146 B. v State of Kerala 2024 LiveLaw (Ker) 147 Manuja Mythri v Advocate T K Ajan 2024 LiveLaw (Ker) 148 Dr.Navaneeth K.Unni v State Represented By Public Prosecutor 2024 LiveLaw (Ker) 149 State of Kerala v. Kuniyil Shanoob and ors 2024 LiveLaw (Ker) 150 Manoj v. State of Kerala 2024...

Kerala High Court Weekly Round-Up: March 25 - March 31, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 201-210]K Venugopal Nair v Manager, Canara Bank 2024 LiveLaw (Ker) 201 Dr Abdul Rasheed V State of Kerala 2024 LiveLaw (Ker) 202University of Calicut v Ameen Rashid K P 2024 LiveLaw (Ker) 203 Dr. MV Narayanan v. The Chancellor, Sree Sankaracharya University of Sanskrit and ors. 2024 LiveLaw (Ker) 204Sheeba C K v State of Kerala 2024 LiveLaw...

Kerala High Court Partially Stays Centre's Ban On 'Ferocious & Dangerous' Dog Breeds

The Kerala High Court on Wednesday partially stayed the operation of a circular dated March 12, 2024, issued by the Union Ministry of Fisheries, Animal Husbandry and Dairying Department, whereby import, trading and selling of around 23 breeds of dogs which were identified as ferocious have been prohibited.The Court passed the above order while considering a writ petition filed by certain...

Pension Is Employee's Savings, Can Only Be Denied In Cases Of Fraud & Not Due To Pending Litigation Regarding Caste Status: Kerala High Court

The Kerala High Court directed the disbursal of pensionary benefits to a woman who retired in 2013, stating that she had not committed any fraud even though issues regarding her caste status were pending before the Court.The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen stated that the pension cannot be denied to the petitioner due to the delay on the...

Court Empowered To Extend Time For Passing Arbitral Award Even If It Is Already Passed: Kerala High Court

The Kerala High Court single bench of Justice Anu Sivaraman held that the Court would be empowered to extend the time for passing the award under Section 29A of the Arbitration and Conciliation Act, 1996 even in a case where the arbitral award has already been passed if there exit sufficient grounds for such an extension. Brief Fact: The matter pertained to an arbitral award for...

CIBIL Rating Not Changed Despite Clearing Loan : Kerala High Court Directs Credit Rating Agency To Ensure Requisite Credit Rating

The Kerala High Court directed the Trans Union CIBIL Ltd, a credit rating agency, to ensure that the requisite Credit Rating was given to the petitioner since he had no subsisting loans and the earlier loan account had been fully closed.The petitioner approached the High Court to restore his Credit Rating despite no subsisting loans pending. His Credit Rating remained very low despite...