S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court

The Kerala High Court has clarified that a tenant cannot contest an eviction application filed by the landlord under Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 unless the admitted arrears of rent are cleared.A two-judge bench of Justice PB Suresh Kumar and Justice Johnson John said the tenant has to pay or deposit with the Rent Control Court or the appellate...

'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother

The Kerala High Court has refused permission to medically terminate the pregnancy of a 12-year-old minor girl who was allegedly in an incestual relationship with her minor brother. It held that medical termination of pregnancy was not an option as the foetus had already reached 34 weeks of gestation and was now fully developed.“The foetus has already reached 34 weeks of gestation and is...

Kerala High Court Explains Inter Se Exchange And Carry Forward Of Reservation For Persons With Disabilities

The Kerala High Court recently clarified the position on inter se exchange regarding vacancies in quota reserved for persons with disabilities.The single judge bench reiterated that if any vacancy reserved for a particular category of benchmark disability cannot be filled due to the unavailability of a suitable candidate with that specific benchmark disability or for any other valid reason,...

Govt Has Right To Decide Applicability Of Rules For Promotion In Its Dept; Courts Cannot Exercise Judicial Review: Kerala High Court

The Kerala High Court recently upheld the decision taken by the State Government in filling the vacancies to the post of Overseer/Draftsman (Mechanical Grade-II) as per the unamended Special Rules applicable in the Water Resources Department ('Special Rules'), by underscoring the right of the Government in deciding the applicable rules governing promotion. Prior to the Amendment of 2010,...

Ad Hoc Service Cannot Be Counted For Financial Upgradation Under Career Progression Schemes: Kerala High Court

The Kerala High Court recently held that an employee without the requisite qualifications for Bosun (Certified) cannot claim promotion to the said post, and that ad hoc service rendered by such employee shall not qualify for fiancial upgradations under the Assured Career Progression ('ACP'), and the Modified Assured Career Progression ('MACP') Schemes. "...we specifically note that the ACP...

Can't Reject Advocates' Notary Applications Summarily Sans Giving Valid Reasons As It Would Cast Stigma On Their Credentials: Kerala HC

The Kerala High Court has made it clear that notary applications of advocates cannot be summarily rejected under Rule 8(1)(c) of the Notaries Rules, 1956 without giving germane and valid reasons.Justice Devan Ramachandran held that notary applications cannot be rejected summarily stating that the number of applicants was higher than the number of vacancies.“Even when the Government has...

Kerala High Court Annual Digest 2023: Part III [Citations 512-766]

Nominal Index [Citations: 2023 LiveLaw (Ker) 512-766]Pathanapuram Taluk Samajam & Ors. v. K.K. Surendran & Ors. 2023 LiveLaw (Ker) 512Mansoor & Ors. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 513V.P. Nandakumar v. Assistant Director 2023 LiveLaw (Ker) 514Cochin Devaswom Board V Union of India 2023 LiveLaw (Ker) 515Prana Educational and Charitable Trust & Anr. v. State...

Kerala High Court Monthly Digest: December 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 698-766]Elambilan Nani Amma and Ors. v. Mulavana Antony and Ors., 2023 LiveLaw (Ker) 698Lalu Mathew v. Bino Alexander, 2023 LiveLaw (Ker) 699Ushakumari O. & Ors. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 700Ali K @ Ragam Ali v Union of India and connected case, 2023 LiveLaw (Ker) 701Gopakumar V.G. v. Deputy Superintendent of Police...

Kerala High Court Weekly Round-Up: December 25 To December 30, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 760-766]Biju Sundar v State of Kerala, 2023 LiveLaw (Ker) 760Deepa P.M. & Anr. v. State of Kerala & Ors., 2023 LiveLaw (Ker) 761K Tony Thomas v Vythiri Grama Panchayath, 2023 LiveLaw (Ker) 762XXXX v. State of Kerala & Anr., 2023 LiveLaw (Ker) 763Aswathy Surendran v Union of India, 2023 LiveLaw (Ker) 764Josepheena T.T. v. Thrissur...

'Consumer' In A Brothel House Can Be Made Liable U/S 5 'Immoral Traffic Act' For Procuring Persons For Prostitution: Kerala HC

The Kerala High Court has held that a consumer in a brothel house comes within the purview of Section 5 of the Immoral Traffic (Prevention) Act, 1956 (ITP Act). Section 5 makes persons liable who procure, induce or take persons for prostitution. Justice P.G. Ajithkumar observed that since the word 'procure' had not been defined in the ITP Act, it has to be understood to achieve the object...

Actor Suresh Gopi Moves Kerala High Court Seeking Anticipatory Bail In Case Over Alleged Misbehaviour With Female Reporter

Malayalam Actor and Politician, Suresh Gopi has approached the Kerala High Court seeking anticipatory bail in connection with a case lodged against him for allegedly misbehaving with a female reporter. A complaint against him was initially filed alleging sexual harassment under Section 354A (1)(i)(iv) IPC, which was later altered to Section 354 IPC for assault or criminal force to outrage...

Kerala Municipality Building Rules | Failure To Notify Property Transfer Can't Render Already Issued Building Permit Invalid: High Court

The Kerala High Court has laid down that the failure to inform the transfer of property under Rules 19(1) or 19(2) of the Kerala Municipality Building Rules, 2019 ('KMBR Rules, 2019') cannot render a building permit that has already been issued invalid, when the building has not been constructed or completed. Rule 19(1) requires the transferor of a property to inform the Secretary about...