Kerala High Court Admits Investigating Officer's Plea Requesting UIDAI To Disclose Biometric Data To Nab Culprit From Fingerprint

The Kerala High Court recently admitted a plea moved by a Wayanad Investigating Officer requesting order to UIDAI (Unique Identification Authority of India) to compare the sample fingerprint collected by him (believed to be of a culprit) with its biometric data and disclose identity of the Aadhaar holder. Justice PV Kunhikrishnan admitted the matter and served notice on Central Government...

Kerala High Court Refuses To Direct Govt To Mediate Unified Mass Dispute At St. Mary's Basilica, Says State Can't Intervene In Religious Matters

The Kerala High Court on Wednesday refused to allow a plea seeking a direction to the Government to settle a dispute pertaining to unified Mass at St. Mary's Cathedral Basilica, Ernakulam. The petitioners averred that the Church remained closed due to disputed between rival factions, and sought mediation involving eminent personalities such as the Arcbishop of Ernakulam, the Synod of...

Independent Contractor Not Employee, His Dependants Not Entitled Under Employees Compensation Act: Kerala High Court

The Kerala High Court recently upheld an order passed by the Employees Compensation Commissioner (Industrial Tribunal), Idukki which rejected the compensation claim of the dependents of the deceased on the finding that he was an independent contractor and not an employee within the purview of the Act. The deceased was an electrician and used to supply light and mike sets for conducting...

Inaction Of Sports Council Led To Disputes Regarding Hockey Team For 2023 National Games: Kerala High Court

The Kerala High Court recently berated the Sports Council for its failure to take any action when it received a report from the Observer as regards certain concerns in the elections to Kerala Hockey, that apparently led various issues including dispute as to the selection list of players to represent the State in the National Games in November, 2023."The irony is that if the “Sports...

Body Of Infant Disposed In Sea Believing It To Be Lifeless: Kerala High Court Sets Aside UP Couple's Murder Conviction

The Kerala High Court deliberated upon the legal issue as to whether a conviction for culpable homicide under section 299 IPC was sustainable if the body of the infant was disposed of in the sea believing it to be lifeless. The Court was hearing an appeal against the conviction of parents for allegedly causing the death of their infant child and disposing of the body in the sea. The...

GST Act | Authority's Failure To Mention Statutory Provision In Show Cause Notice Doesn't Prejudice Defaulter If Facts Stand Admitted: Kerala High Court

The Kerala High Court has made it clear that merely because the show cause notice issued to a defaulter under the GST Act did not refer to a particular statutory provision that may be attracted against such defaulter, the same cannot be said to have caused prejudiced when the facts leading to the invocation of the statutory provision concerned were admitted.The Court was dealing with a case...

Court's Power To Issue Directions For A Trust Not Independent Of Scheme Framed In Its Respect Under Section 92 CPC: Kerala High Court

The Kerala High Court recently reiterated that finality of a decree does not preclude a court settling scheme under Section 92 CPC from modifying it and that the court's power to amend the scheme or to issue directions for effective functioning of a Trust is derived from the scheme itself.The Division Bench comprising Justices P.B. Suresh Kumar and Johnson John was considering the scope of...

'Why Can't Banks Be Instructed To Not Reduce Credit Rating Of Farmers Due To PRS Loans?' Kerala High Court Asks

The Kerala High Court on Wednesday queried the State why an administrative order cannot be issued to Banks instructing them that the credit ratings of farmers would not be reduced on account of Paddy Receipt Sheet (PRS) loan, and that SupplyCo would take full responsibility to ensure the same.Justice Devan Ramachandran made this oral observation while considering a batch of petitions filed...

Kerala High Court Points Lacuna In Law After Adoptive Parents Seek To Annul Daughter's Adoption Upon Her Attaining Majority, Appoints Amicus

The Kerala High Court today orally pointed the lacunae in law after a couple, who had adopted a girl child (now a major), sought its permission to annul the adoption on the ground that she hasn't integrated into the family.The Single Judge Bench of Justice Devan Ramachandran was of the firm view that the provisions relied upon by the petitioners' counsel could not be invoked, since the child...

Mere Commercial Transaction Without 'Entrustment' Of Property For Specified Purpose Won't Attract Criminal Breach Of Trust: Kerala High Court

The Kerala High Court has reiterated that there ought to be an express or implied trust of property or entrustment for any specific purpose in order to attract the liability for criminal breach of trust as provided under Section 406 IPC. Justice P. Somarajan explained that the mere existence of a commercial transaction and deposit of amount with any person or institution would not...

[S.14 Disabilities Act] District Court And Designated Authority Have Concurrent Jurisdiction To Grant Limited Guardianship: Kerala High Court

The Kerala High Court has held that both the District Court as well as the designated authority notified by the State Government have concurrent jurisdiction to consider the petition for the appointment of limited guardian under Section 14(1) of the Rights Of Persons With Disabilities Act, 2016 (hereafter, the Act).Justice Basant Balaji relied upon Section 14(1) of the Act and the rules...

S.196 CrPC | Excessive Delay In Applying For Sanction Can't Be Excluded U/S 470 While Computing Limitation: Kerala High Court

The Kerala High Court recently laid down that a delay of nearly five years in re-submitting a request for obtaining sanction for taking cognizance of an offence Section 153(A) of the IPC ('Promoting enmity between different groups on grounds of religion, race, place of birth, residence') cannot be accepted.It also held that prosecution cannot contend that that period is liable to be...