Kerala High Court
Blank Cheque Voluntarily Signed By Drawer Will Attract Presumption Of Liability U/S 139 N.I. Act: Kerala High Court
The Kerala High Court recently reiterated that even a blank cheque leaf which has been voluntarily signed by the drawer, towards payment, would attract presumption under Section 139 of the Negotiable Instruments Act ('NI Act'), in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt.Section 139 of the NI Act raises a presumption that a drawer...
'Hadiya Living Freely, Not Under Illegal Detention' : Kerala High Court Closes Hadiya's Father's Habeas Corpus Petition
The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her.A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus the Habeas Corpus Petition was not...
Kerala HC Allows A Law Grad To Enroll With State Bar Post-Deadline By Submitting Application With Provisional Degree Physically
The Kerala High Court today allowed a law graduate to enrol in the upcoming enrollment ceremony scheduled to be held on 17th December 2023 by submitting a physical application before the Bar Council of Kerala along with his Provisional Degree Certificate. In this case, the petitioner was unable to apply for enrollment within the deadline, as he did not possess a Provisional Degree...
Masala Bonds Case | Kerala High Court Records ED's Submission On Withdrawal Of Summons Issued To KIIFB, Thomas Isaac; Leaves Open Other Issues
The Kerala High Cout on Thursday recorded the submissions of the Enforcement Directorate (ED) that the summons issued by it to the Kerala Infrastructure Investment Fund Board (KIIFB) and former Minister, Dr. T.M. Thomas Issac, in relation to the masala bonds case would be withdrawn. Allowing the plea of Isaac and partly allowing that of KIIFB, the Single Judge Bench of Justice Devan...
Sabarimala Crowd Management: Kerala HC Issues Slew Of Directions, Asks Police Authorities To Ensure KSRTC Bus Availability
The Kerala High Court yesterday(December 13) issued various guidelines to the State Police Chief for vigilant crowd management of pilgrims at Sabarimala during the Mandala- Makaravilakku festival season. It issued the guidelines on taking note of the submissions made by the State Police Chief regarding the deployment of the police force for crowd management at Sabarimala."Any shortfalls...
Not Open For Govt To Probe Private Affairs Of Public Servants In Absence Of Manifest Misconduct Warranting Action: Kerala High Court
The Kerala High Court recently held that as an employer, the Government ought not to enquire into the private affairs of a Government servant unless any manifest misconduct is expressed in their activities that warrants action to be taken. The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen noted that in such cases, it would be for the affected persons...
Remained Absent For Nearly 17 Yrs Without Prior Intimation Or Permission, Amounts To Abandonment Of Service: Kerala High Court
The Kerala High Court recently held that a long period of absence from service without prior intimation or permission would amount to abandonment of service. It observed that abandonment of service means an act of intentionally or voluntarily abandoning service. In this case, the Court found that the petitioner remained absent for almost 17 years without any prior intimation or permission and...
Pregnancy Shouldn't Burden Women's Aspirations; Public Employment Rules Must Address Difficulties Due To Motherhood: Kerala High Court
In a significant ruling, the Kerala High Court addressed the disadvantages that women may face due to their biological differences from men, in the context of getting opportunities in public employment. The Court said that the rules relating to public employment must accommodate the concerns of pregnant women and young mothers, so that they don't face discrimination.The Division Bench...
Kerala High Court Dismisses Plea Challenging Order To Shoot Man-Eating Tiger In Wayanad; Imposes 25K Costs
The Kerala High Court on Wednesday dismissed a Public Interest Litigation (PIL) that had been filed challenging the Order that had been issued by the Principal Chief Conservator of Forests and the Chief Wildlife Warden directing appropriate steps to be taken to shoot the tiger that had attacked and partially eaten a farmer in Wayanad. The Division Bench comprising Chief Justice A.J. Desai...
Juvenile Justice Act 2000 Applies To Revision Plea Of Person Who Committed Offence At 17 Yrs Age When 1986 Act Was In Force: Kerala High Court
The Kerala High Court recently laid down that the Juvenile Justice (Care and Protection of Children) Act, 2000 ('JJ Act, 2000') would be applicable in revision, upon the conviction and sentence of a 49 year old person in respect of an offence committed by him in the year 1991, at the age of 17 years, when the Juvenile Justice Act, 1986 was in force. Taking note of an Explanation added to...
Kerala High Court Issues Guidelines For Crowd Management Of Pilgrims At Sabarimala Temple During Mandala-Makaravilakku Festival
The Kerala High Court has issued directions for crowd management of pilgrims at Sabarimala during the Mandala- Makaravilakku festival season.The Division Bench comprising, Justice Anil K. Narendran and Justice G. Girish issued the following directions:-Chief Police Co-Ordinator, Sannidhanam to regulate movement of pilgrims through Pathinettampadi without compromising their safety and also...
Kerala High Court Stays Two Student Nominations Made By Chancellor To Kerala University Senate
The Kerala High Court on Tuesday stayed two student nominations made by the Chancellor to the Senate of the Kerala University. Justice T.R. Ravi issued the interim order today. The petitioners in this case, who had performed well in Fine Arts and Sports respectively, averred that as per Chapter IV Section 17 of the Kerala University Act, 1974, the Chancellor ought to nominate four students...