Kerala High Court Seeks Clarification Over Disparity In Calculation Of Income Of Govt & Pvt Employees For Issuing Non-Creamy Layer Certificates

The Kerala High Court has sought clarification from the State regarding the exclusion of the salary of government employees while calculating income for the issuance of 'Non-Creamy Layer Certificates' to obtain an OBC reservation for students belonging to the Socially and Economically Backward Classes (SEBC).The Court sought such clarification upon noting that the salary of private employees...

Prolonged Cohabitation Will Not Acquire Character Of Valid Marriage During Subsistence Of Another Marriage By Either Party: Kerala High Court

In a recent decision, the Kerala High Court observed that while it is well settled that continuous cohabitation for several years may raise the presumption of marriage, it will not acquire the character of a valid marriage, if it is during the subsistence of another marriage by either party.The matter came up before the division bench comprising Justice Anu Sivaraman and Justice C Pratheep...

Special Marriage Act | Even Parties To A Void Marriage Can Approach Family Court For Redressal Of Grievances: Kerala High Court

The Kerala High Court on interpreting the provisions of the Family Courts Act, 1984 and Special Marriage Act, 1954 observed that a dispute between parties to a void marriage could be determined by a Family Court.The Division Bench comprising Justice Anu Sivaraman and Justice C.Pratheep Kumar observed that even parties to a void marriage can approach the Family Court for the redressal of...

Supreme Court Collegium Recommends To Make Justice Shoba Annamma Eapen As Permanent Judge Of Kerala High Court

The Supreme Court Collegium has recommended the appointment of Justice Shoba Annamma Eapen as a Permanent Judge of the Kerala High Court.Justice Shoba Annamma Eapen was sworn in as the Additional Judge of the Kerala High Court on May 18, 2022. On 27 September 2023, the Collegium of the Kerala High Court unanimously recommended the appointment of Justice Shoba Annamma Eapen as a Permanent Judge...

'No Citizen In This Nation Is Lesser Than The Other': Kerala High Court To Police Officers In Matter Involving Use Of Abusive Vocatives By Cop

Police officers are public servants and inevitably they have to deal with their “masters” with the respect that the constitution stipulates.”, the Court stated.

Kerala High Court Seeks Affidavit Raising Specific Grievances In 'Thee Chamundi Theyyam' Matter Involving Alleged Endangerment Of Children

In the theyyam matter before the Kerala High Court, a division bench comprising of Chief Justice A J Desai and Justice VG Arun directed the petitioner to file an additional affidavit cogently and precisely raising the specific grievances in the matter.In the plea filed by the NGO Dhisha, it had been alleged that the ritualistic dance performance, also known as 'Ottakolam Theyyam', which is...

Company Owned By Kerala CM's Daughter Being Probed Under Companies Act, Centre Informs Kerala High Court

The Court asked the Centre if an investigation by the SFIO was also found warranted in the case.

Kerala High Court Grants Interim Relief To Bharatiya Vidya Bhavan Thrissur, Asks State Electricity Board To Not Disconnect Electricity Connection

The Kerala High Court has directed the State Electricity Board not to disconnect the electricity connection to the petitioner-school Bharatiya Vidya Bhavan Thrissur Kendra, on the condition that the petitioners pay the amount claimed by the respondent Board, barring interest.A single-judge bench of Justice N Nagaresh was hearing the plea.These observations came in a plea by Bharatiya...

Primary Duty Of Municipality To Deal With Municipal Waste Even If It Was Dumped Illegally In Private Property: Kerala High Court

The Kerala High Court has held that the municipality has the primary responsibility to deal with the municipal waste even if it was illegally dumped on private property.“It is the primary duty of the Municipality to deal with municipal waste. The fact that such municipal waste has been illegally dumped in private property (here the property of the Kochi Metro) cannot absolve the...

If Land Acquired For Public Purpose By Paying Compensation, Delay In Utilisation Doesn't Entitle Owner To Seek Re-Conveyance: Kerala High Court

The Kerala High Court has made it clear that once a land is acquired by the State under the Land Acquisition Act for public purpose and compensation is paid, the landowner has no right to seek re-conveyance of the property citing delay in utilisation of such land.Justice P V Kunhikrishnan observed, “Admittedly, the land is going to be used for the purpose for which it is acquired....

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act ("Act") would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time.The petitioner who had been accused under Section 20(b)(ii)(c) of the...

Death By Negligence | Trial Court Must Apply Mind To Determine Whether Charges U/S 304A IPC Can Be Added In Cases Of Motor Vehicle Accidents

The Kerala High Court has held that when trial courts frame charges in deaths involving motor vehicle accidents, they should decide whether an alternative charge for an offence under Section 304A IPC is also to be added in addition to the charge under Section 304 IPC.It was also held that a conviction under section 304 A IPC would not be rendered unsustainable or illegal on an omission to...