[Masala Bonds Case] KIIFB Moves Kerala High Court Against Summons Issued By ED To Former Chief Secretary

The Kerala Infrastructure Investment Fund Board (KIIFB) has moved the Kerala High Court against the summons issued to Dr Kandathil Mathew Abraham, (Chief Executive Officer, KIIFB) who was also the former Chief Secretary, by the Enforcement Directorate (ED) in relation to the masala bonds case. The summons was issued seeking the submission of documents and for taking oral evidence.Today...

Kerala High Court Grants Bail To Students Accused Of Obstructing Governor Arif Khan's Convoy

The Kerala High Court has granted bail to 7 students who were accused of obstructing Governor Arif Khan's convoy.A single judge bench of Justice CS Dias heard the matter today. The incident occurred on December 11th, 2023, when the governor's convoy was impeded in Palayam by the accused who disobeyed orders of the police, and detained the Governor whilst shouting slogans, thereby causing a...

Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court

The Kerala High Court has reiterated that a subsequent overruling judgment cannot disturb the conclusiveness of an inter parte order that has attained finality. Justice K. Babu made the above observation in a writ petition filed by the complainant seeking further investigation of her case. Significant to note that her application for further investigation was dismissed by the Magistrate in...

Commercial Courts Act | Section 13(2) Contains Non-Obstante Clause Which Does Not Provide For Second Appeals: Kerala High Court

The Kerala High Court recently considered the maintainability of a second appeal filed under the Commercial Courts Act. The issue before the Court was, “whether second appeal is provided from the appellate decree and judgment passed by a Commercial Appellate Court?”Justice A. Badharudeen, dismissing the second appeal as not maintainable observed thus: “..If so, Commercial Courts Act...

[Disaster Management] With High Court's Intervention, Kerala Govt Issues Circular For 'Risk Awareness' Of Development Projects At Planning Stage

The Kerala government has informed the High Court that in compliance with Court's directions, it has issued a circular to all its departments and local self-governments instructing them to comply with the report of the State Disaster Management Authority (KSDMA) for considering the risks involved in an infrastructural development project at the planning stage itself.Based on the order of...

Kerala High Court Annual Digest 2023: Criminal Law

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption CaseCase Title: T. A. Abdul Sathar v. The State of Kerala and Ors.Citation: 2023 LiveLaw(Ker) 3The Kerala High Court observed that a finding on the veracity of the material in a case where the allegations levelled by the prosecution disclose a cognizable offence,...

Kerala High Court Asks Cochin Devaswom Board To File Appeal Seeking Directions For Solid Waste Management During Thrissur Pooram

The Kerala High Court recently directed the Cochin Devaswom Board to file a Devsawom Board Appeal (DBA) seeking specific directions regarding solid waste management in connection with the disposal of plastic, biodegradable and non-biodegradable waste that will be generated during the Thrissur Pooram in 2024.“The Cochin Devaswom Board is directed to file a DBA, with the Thiruvambady...

[EPF ACT] S.14 B Does Not Mandate Imposition Of 100 % Damages On Employer As Penalty: Kerala High Court Upholds Order Reducing Penalty To 50%

The Kerala High Court has upheld the order of a Central Government Industrial Tribunal-Cum-Labour Court (Tribunal) which reduced the amount of damages from 100% to 50% stating that Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act (EPF) Act does not mandatorily prescribe that 100% amount of damages has to be imposed as penalty.Section 14-B pertains to the power...

S.37 NDPS Act | Long Incarceration No Ground To Grant Bail In NDPS Cases When Commercial Quantity Involved: Kerala High Court

In a recent judgement denying bail to two accused under the NDPS Act, the Kerala High Court clarified that “Section 37 of the NDPS Act does not lay down any stipulation that the accused in entitled to be released on bail if the trial does not commence within a particular period and additionally, the accused has to satisfy the twin conditions under Section 37 in addition to Section 439 of...

Kerala High Court Dismisses Plea Seeking Action Against Magistrate, Says Inadvertent Mistake Cannot Lead To Prosecution Under S.228A IPC

The Kerala High Court upheld the order passed by a single judge in the writ petition stating that a Magistrate cannot be prosecuted under 228-A IPC on an inadvertent omission to anonymize the name and details of the victims.Dismissing the writ appeal, the Division Bench comprising Chief Justice A.J. Desai and V.G. Arun observed that an inadvertent mistake on the part of the Magistrate cannot...

Writ Jurisdiction Cannot Be Invoked Seeking 'Blanket Direction' To Restrain Police From Registering Complaints: Kerala High Court

The Kerala High Court recently held that the writ jurisdiction of the Court under Article 226 cannot be invoked seeking blanket general directions against the police for the prevention of registration of crimes. “Jurisdiction under Article 226 of the Constitution of India cannot be invoked to issue blanket directions against registration of a crime. Time and again, the Supreme Court as well...

Kerala High Court Orders Effective Implementation Of Plastic Ban In Sabarimala, Removal Of Unauthorized Hawkers

The Kerala High Court on Monday directed the Travancore Devaswom Board and other regional authorities to take immediate steps for the prevention of sale of plastic bottles, packed drinking water in plastic bottles/PET bottles, plastic toys, and plastic utensils in and around Sabarimala. It also directed the police, district administration and panchayat to take steps for the removal...