Kerala High Court
Hindu Wife Can Claim Maintenance From Property Sold By Husband If Buyer Had Notice Of Her Claim: Kerala High Court Full Bench
The Full Bench of the Kerala High Court recently held that a Hindu wife is entitled to receive maintenance from the profits of the property of her husband even after its transfer, if the transfer was effected subsequent to initiation of legal proceedings for maintenance or if there is evidence showing that the transferee was aware of her claim at the time of sale.The Bench of Justices...
Kerala Education Rules | 25% By-Transfer Quota For Junior School Teachers Applicable On Sanctioned Strength, Not Vacancies: High Court
The Kerala High Court quashed a Government order rejecting by-transfer appointments to Higher Secondary School Teacher (Junior) posts, observing that 25% by-transfer quota under Kerala Education Rules must be calculated on the sanctioned strength of posts and not on the vacancies arising in an academic year.Justice N Nagaresh in his order said that any administrative interpretation applying...
Temple Accounts Digitisation: Kerala High Court Adds KSITIL As Party, Seeks Proof Of Technical Expertise
The Kerala High Court on Friday (16 January) impleaded the Kerala State Information Technology Infrastructure Limited (KSITIL) in the ongoing petition regarding embezzlement of ₹40 lakh from a Petrol Pump at Nilakkal, a base camp of Sabarimala. A Division Bench comprising Justice Raja Vijayaraghavan V and Justice K V Jayakumar passed the order. The Court has previously ordered...
Kerala High Court Directs RTA To Finalise Time Gap Norms For Stage Carriages Entering Kochi
The Kerala High Court has recently directed the Regional Transport Authority (RTA) to finalise the revision in timing in respect of the vehicles of the stage carriages entering Kochi city.Justice Viju Abraham gave the directions while considering a writ petition concerning bus timing in Kochi.The Court has previously urged the need to regulate bus timings in the State and directed the...
No Fresh Notification Required To Apply Rent Control Act In Panchayat Area Converted To Municipality: Kerala High Court Full Bench
The Kerala High Court has held that no fresh notification under Section 1(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is required to apply the Act, when a Panchayat Area is converted to Municipality.A Full Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Gopinath P and Justice G Girish was answering a reference which arose from conflicting Division...
Kerala High Court Extends Stay On Producer Shamnas' Cheating Case Against Actor Nivin Pauly
The Kerala High Court on Thursday (January 15) extended the interim stay granted in favour of actor Nivin Pauly and producer Abrid Shine in the cheating case initiated against them by producer P.S. Shamnas. Shamnas has alleged that they caused him an unlawful loss of ₹1.9 crore.When the case came up for consideration, counsel for Nivin and Abrid submitted before Justice C.S. Dias that they...
Kerala High Court Flags Failure Of K-SMART System For Removing Illegal Hoardings, Suggests WhatsApp-Based Complaint Model
The Kerala High Court on Thursday (15 January) flagged the failure of the K-SMART Grievance System for Removal of Illegal Hoarding. The Court has directed the authorities to adopt a WhatsApp-based system used by the Local Self Government Department in dealing with waste dumping.Justice Devan Ramachandran was considering a review in a plea against illegal and unauthorized flags and banners....
"Can Oath Be Taken In Name Of Living Persons Or Godmen?" Kerala High Court To Examine Validity Of Trivandrum Councillors' Oaths
The Kerala High Court on Thursday (15 January) issued notice on a writ petition challenging the oath taken by the Councillors of the Thiruvananthapuram Corporation in the name of various deities, martyrs and political movements.Justice P V Kunhikrishnan, has admitted the petition, observing that whether an oath can be taken in the name of "living person, teacher, god man", etc needs to...
Vigilance Court Can't Order Probe Into Private Complaint Against Public Servant Without Sanction Under PC Act: Kerala High Court
The Kerala High Court in a recent decision quashed an order made by the Special Judge (Vigilance) directing investigation into a complaint and the FIR registered against a public servant after noting that prior sanction as per Section 19 of the Prevention of Corruption Act was not received.Justice A. Badharudeen relegated the case back to the pre-cognizance stage and directed the Special Judge...
Unreliable Eyewitness Testimony, No Test Identification Parade: Kerala High Court Sets Aside Life Conviction After 7 Yrs
The Kerala High Court recently passed a judgment holding that non-conduct of test identification parade taken along with other vitiating factors would render as suspect the testimony of eyewitnesses.The Division Bench consisting of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed:“Although it is trite that an identification in a TI parade is not substantive...
Judge Can't Usurp Powers Of Prosecutor By Conducting Chief Examination: Kerala High Court Sets Aside Life Conviction After 14 Yrs Of Custody
The Kerala High Court has recently (12 January) observed that a judge cannot assume the role of a Public Prosecutor by usurping into the counsel's powers.The observation was made by a division bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar while setting aside the life sentence imposed on an accused convicted of murder, holding that the entire trial stood vitiated due to...
Kerala High Court Stays Transfer Of KSEB Lineman Allegedly Based On MLA's Complaint
The Kerala High Court on Wednesday (January 14) stayed the transfer of a KSEB lineman, who was ordered to be transferred from Pannikkode (Kozhikode) to Purang (Malappuram) based on a complaint alleged to have been made by Thiruvambady MLA, Linto Joseph.In his plea, the KSEB (Kerala State Electricity Board) lineman contended that he was transferred from this present station, where he has...