Kerala High Court
KAAPA | Subsequent Detention Can't Exceed 6 Months If 'First Detention' Order Passed Prior To 2014 Amendment: High Court
The Kerala High Court has delivered a significant interpretation surrounding preventive detention under Section 12 of the Kerala Anti-Social Activities (Prevention) Act, 2007 and the 2014 amendment which expanded the maximum period of detention.Section 12, prior to the amendment stipulated the maximum period of detention as 6 months. With the 2014 Amendment, the 'first detention' can last...
Kerala Govt Responds To SMA Patient's Plea Against Exorbitant Prices Of Life-Saving Drug, Says Medicine Free For Children Below 8 Yrs
The Kerala High Court today appreciated the initiatives taken by the State government in supporting minor children suffering from Spinal Muscular Atrophy (SMA) by providing medicines free of cost.Justice Devan Ramachandran was hearing a plea submitted by a 24-year-old suffering from Spinal Muscular Atrophy (SMA), against the overpricing of the life-saving medicine, Risdiplam.Taking note of...
Sabarimala Crowd Management: Kerala High Court Directs Devaswom Board To Provide Drinking Water, Refreshments To Stranded Pilgrims
The Kerala High Court yesterday (January 3) directed the Travancore Devaswom Board to provide drinking water and light refreshments to pilgrims stranded in Sabarimala due to the rush amid Mandala-Makaravilakku festival season.The Division Bench comprising Justice Anil K. Narendran and Justice G. Girish also directed the Travancore Devaswom Board to deploy sufficient number of...
No Vested Right Over Application Seeking NOC Granting Lease For Mining Minerals, Must Be Considered Based On Existing Rules: Kerala High Court
The Kerala High Court stated that persons have no vested right to seek 'No Objection Certificate' (NOC) for granting of lease for mining minerals. It held that in the absence of vested rights, the application seeking NOC had to be considered based on the existing rules.In this case, the application for NOC was filed in 2019 and it was rejected after a delay of four years by relying upon...
Conviction U/S 138 NI Act Will Not Sustain If Civil Court Finds Dishonoured Cheque Not Supported By Valid Consideration: Kerala High Court
The Kerala High Court recently held that when a competent civil court finds that a dishonoured cheque, which was the subject matter for initiation of criminal proceedings under Section 138 of the Negotiable Instruments Act ('NI Act') was not supported by valid consideration, the conviction and sentence of the criminal court for the offence would not legally sustain. "The presumption...
Appellate Court May Reject, Not Dismiss An Appeal For Non-Payment Of Court Fee: Kerala High Court
The Kerala High Court has held that an appellate court may only reject and not dismiss an appeal for non-payment of court fee by the party.A single judge bench of Justice Badharudeen was dealing with a second appeal, filed as a consequence of first appellate court's order dismissing the appeal as “balance court fee not paid". The Court said,"The proper procedure to strike down an appeal due...
Plea In Kerala High Court Seeks Implementation Of Revised Health Benefits Package Under Ayushman Bharat Yojana
Kerala's Private Hospital Association has moved the High Court seeking implementation of the latest National Health Benefit Package (HBP) 2.2, which has enhanced the rates of some health packages under Central government's flagship Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY).The plea states HBP 2.2 would provide better healthcare facilities to financially backward patients...
Redeployment To Special Squad Doesn't Take Away Abkari Officer's Authority But He Must Act Within Bounds Of Duties Assigned To Squad: Kerala HC
The Kerala High Court has made it clear that an Abkari Officer already appointed under the Abkari Act will not lose his authority to act as an Abkari Officer upon redeployment to a Special Squad.Justice Sophy Thomas however added that upon redeployment, the officer is expected to act within the bounds defined for the squad.The Special Squad in this case was constituted to prevent and...
Employee Opting Promotion Under Diploma Quota Ineligible For Further Promotion Under Degree Qualification Quota: Kerala High Court
The Kerala High Court has laid down that an employee who had chosen to be promoted under the Diploma qualification Quota would be ineligible for further promotion under the Degree Quota. Justice Raja Vijayaraghavan V. was thus of the considered opinion that the inclusion of such persons in the Seniority List would be illegal. "Respondents 1 to 4 earned their Engineering Degrees while working...
Receipt Of Rent By Landlord After Receipt Of Quit Notice By Tenant Does Not Amount To Waiver Of Quit Notice: Kerala High Court
In a recent judgement, the Kerala High Court clarified that “mere receipt of rent by the landlord, after receipt of quit notice by the tenant, would not be tantamount to waiver of the quit notice, contemplated under Section 113 of the Transfer of Property Act.”Section 113 of the Transfer of Property Act says a quit notice is waived with the tenant's consent, by any act of the landlord...
Assessee Can't Indefinitely Seek Time In Response To SCN: Kerala High Court
The Kerala High Court has held that the assessee cannot indefinitely seek time in response to a show cause notice.The bench of Justice Dinesh Kumar Singh has observed that petitioners cannot go on asking for a time one after another in response to the show cause notice issued one after another. There is no violation of the principles of natural justice.Information was flagged in the case of...
Subjecting Wife To Sexual Perversions Against Her Will Amounts To Physical And Mental Cruelty: Kerala High Court Grants Divorce
The Kerala High Court has made it clear that subjecting a wife to sexual perversions against her will and consent would amount to physical and mental cruelty. It also clarified that perceptions of people vary on sexual perversion and if consenting adults engage in sexual acts out of their free will and consent, it would be their choice and the Courts would not intervene.The Division...