Kerala High Court
Kerala High Court Stays GO Directing Release Of School Buses For 'Nava Kerala Yathra Program'
The Kerala High Court has stayed the State government's order directing headmasters to release school buses upon request of the organizing committees of Nava Kerala Yathra program.Justice Devan Ramachandran issued the direction today in a plea filed by the parent of a 9th grade student averring that as per provisions of the Kerala Motor Vehicle Rules and the permit granted to school buses,...
Govt Portal Redesigned To Ensure Privacy Of HIV Patients Availing Schemes: Kerala Govt Tells High Court
The Principal Secretary of Revenue Department, Tinku Biswal, informed the Kerala High Court recently that Chief Minister’s Distress Relief Fund (CMDRF) portal has been redesigned to have a page exclusively for the HIV infected persons, which would exclusively be within the control of the concerned District Collectors or their authorized officers, in a bid to ensure the privacy of...
Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court
The Kerala High Court recently set aside an order of the Magistrate Court allowing respondent's application in the suit to amend their pleadings stating that amendments, that are not required for adjudicating the real dispute between the parties and are outside the scope of the reliefs sought in the suit, ought not to be allowed.Justice C. Jayachandran noted that the amendment sought was...
Kerala High Court Restrains Kannur University From Approving Appointment Of General Category Candidate To PwD Reserved Post In College
The Kerala High Court recently directed Kannur University to refrain from granting approval to the appointment of a general category candidate made by the Manager of Nehru Arts and Science College, on a post reserved for physically disabled candidates. Justice T.R. Ravi issued the interim direction, and sought the response of the respondents in the matter. The Court was seized with the plea of...
In Partition Suit, Courts Must Ascertain Interested Parties At The Outset; Absence Of Necessary Party Fatal Defect: Kerala High Court
The Kerala High Court recently distinguished between necessary parties and proper parties to a suit. It held that necessary party was a party who was entitled to a right to relief in the suit and whose presence would enable the Court to effectually adjudicate the suit. It held that a person who was only remotely or indirectly interested in a suit was not a necessary party.Justice K. Babu...
KSRTC Moves Kerala High Court Challenging All India Tourist Permit Buses Operating As Stage Carriages
The Kerala High Court on Monday considered a petition filed by the Kerala State Road Transport Corporation (KSRTC) seeking measures to restrict the operation of All India Tourist Permit vehicles through the nationalized routes and scheme covered ROUTES formulated under the Motor Vehicles Act, 1988 (MV Act, 1988). During the hearing, Justice Dinesh Kumar Singh asked how KSRTC could challenge...
Accidental Fall Of Passenger While Trying To Alight From Wrong Train Amounts To 'Untoward Incident': Kerala High Court Orders Compensation
The Kerala High Court has held a passenger’s accidental fall from moving train, while trying to alight on realizing that it was the wrong train, to be an ‘untoward incident’ and not ‘self-inflicted injury’.Taking a view that the dependents of the deceased passenger were entitled to compensation, Justice C. Pratheep Kumar observed thus:“In this case, the respondent has no case that...
Consider Closure Report Filed In Bribery Case Against Advocate Saiby Jose Kidangoor In Two Months: Kerala High Court To Special Judge
The Kerala High Court today directed that the Special Judge of the Vigilance Court shall consider the final report submitted by the investigating agency within a period of two months. The Court noted that the police, after completion of the investigation, had submitted a final report under Section 173 CrPC stating ‘further action dropped’ against Advocate Saiby Jose Kidangaoor. Advocate...
Sharon Murder Case: Kerala High Court Says Validity Of Final Report Can Be Decided By Trial Court
The Kerala High Court today said that the validity of the final report submitted by the Deputy Superintendent of Police in the Sharon Raj murder case shall be considered by the Trial Court. The allegation is that the final report was prepared and submitted by the Deputy Superintendent of Police, who headed the special investigation team and not by an officer in charge of a police station as...
Organ Donation | Merely Because Donor Hails From Disadvantaged Social Background, Can't Presume There's Exploitation: Kerala High Court
The Kerala High Court recently held that the District Level Authorization Committee (DLAC) cannot deny authorization for organ donation based on an assumption that the donor was exploited as she was from a disadvantaged community. Justice Devan Ramachandran observed that DLAC cannot assume or presume based on the social status of the donor that the organ was not offered out of affection...
IBC| Mere Uploading Of Application U/S 96 Cannot Be Regarded As 'Filing' For Interim Moratorium To Operate: Kerala High Court
The Kerala High Court on Friday laid down that mere uploading of an application under Section 96 of the Insolvency and Bankruptcy Code (IBC), 2016, cannot be regarded as filing of an application for the interim moratorium to operate. Section 96 of IBC provides that when an application is filed under Section 94, an interim moratorium shall commence on the date of the application in respect to...
Preventive Detention Not To Be Used As Punitive Measure, But To Secure Public Order In Larger Interest Of Society: Kerala High Court
The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. "Dention order is a serious matter depriving liberty of the citizens. That means, except on valid grounds a person cannot be deprived of his liberty. The detention order, therefore,must reflect how...