Kerala High Court Seeks To Know Purpose Of Surrogacy Rules Amendment Barring Couples From Using Donor Oocytes

A plea has been moved before the Kerala High Court challenging the recent amendment introduced by Central Government in the Surrogacy Regulations Rules, 2022. As per the new amendment introduced in March 2023, intending couples who wants to undergo surrogacy can only use their own gametes and not donor gametes. Before the amendment, the rule permitted the usage of donor oocytes...

Section 147 MV Act| Loading/Unloading Worker In Goods Carriage Also Entitled To Benefit Of Policy In Case Of Death, Injury: Kerala High Court

The Kerala High Court on Monday laid down that a loading and unloading worker of the owner of a Tipper Lorry would also be covered under the ambit of classes of employees mentioned under clause (c) of the first proviso to Section 147(1) of the Motor Vehicles Act, 1988 ('MV Act, 1988'). Section 147 of MV Act lays down the requirements of policies and the limits of liability. Clause (c) to...

[Farmer's Plea] Kerala High Court Directs Expert Committee To Submit Report On Paddy Procurement Process

The Kerala High Court passed an interim order directing the Expert Committee constituted by the state government to submit report on the process of paddy procurement in the state.Justice Devan Ramachandran passed the interim order while considering a plea moved by the paddy-cultivating farmers of Palakkad district who have approached the Court seeking for measures to revamp and improve the...

Eateries Must Exhibit Date & Time Of Food Preparation On Packaging: Kerala High Court In 'Shawarma Death' Case

The Kerala High Court on Tuesday directed the issuance of instructions to eateries to exhibit the date and time of preparation of food articles on its packaging. The Court issued the direction while considering a plea by the mother of a 16-year-old who lost her life in 2022, upon consuming the dish, 'Shawarma'. Justice Devan Ramachandran in this regard, also directed necessary steps to be...

Insolvency & Bankruptcy Code : Section 14 Does Not Bar Finalisation Of Assessment, Adjudication Proceedings: Kerala High Court

The Kerala High Court recently laid down that assessment orders could not be set aside on the ground of the Official Liquidator not having been heard while finalizing the assessment, since Section 14 of IBC does not bar finalisation of the assessment and adjudication proceedings in respect of the taxes. "On the resolution once the reference has been admitted, there is moratorium for recovery...

Limitation Act | Party Not Entitled To Delay Condonation As A Matter Of Right Despite Showing 'Sufficient Cause': Kerala High Court

The Kerala High Court recently refused to condone a delay of 288 days in filing a review petition on the ground that the power of attorney holder could not file the same within the stipulated time, being a chronic asthma patient undergoing treatment for the illness. Perusing Section 5 of the Limitation Act which provides for the extension of the prescribed period in certain circumstances,...

Committing Magistrate Lacks Jurisdiction To Consider Application For Withdrawal From Prosecution U/S 321 CrPC: Kerala High Court

The Kerala High Court recently held that the Committing Magistrate has no implicit power to consider an application filed by the Public Prosecutor or Assistant Public Prosecutor under Section 321 for withdrawal from prosecution.Justice C.S. Dias observed that the Magistrate ought to have directed such application to the Sessions Court. “once it appears to the Magistrate that the...

Kerala High Court Directs Removal Of Encroachment On Road Margins Near National Highway, Says Notice Not Required

The Kerala High Court recently issued a direction for removal of encroachments from a property of the National Highway Authority (NHAI) in front of Ananthapuri Hospitals & Research Institute, Thiruvananthapuram.Referring to Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan, it reiterated that illegal encroachments on road margins can be removed even without notice unless they have...

No Case Found Against Advocate Saiby Jose Kidangoor On Allegations Of Taking Money To Bribe Judges : Police Tell Kerala High Court

The Kerala High Court on Monday was informed by the State Police that it would be dropping charges on the bribery allegations against Advocate Saiby Jose Kidangoor. Advocate Saiby had been accused of collecting money from clients under the pretext of bribing High Court judges. The lawyer had approached the High Court seeking to quash the FIR that had been registered against him and to stay...

[Kerala Preventive Detention Law] High Court Confines Operation Of Externment Order Issued With Four Months Delay

The Kerala High Court has held that an externment order passed with much delay, after a period of four months in this case for instance, affects the proprietary of such order.The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen thus confined the operation of externment order and observed,“Having adverted to the factual situation as above, as we find there...

'Decision of Majority Decision Of House': Kerala HC Rules That Minority Dissenter Of Municipal Council's Resolution Cannot Invoke Article 226 To Challenge Same

The Kerala High Court recently laid down that a losing minority or dissenter of a resolution taken by the Municipal cannot take recourse to the jurisdiction under Article 226 of the Constitution of India to challenge the resolution of the Municipal Council.Justice Bech Kurian Thomas was of the considered opinion that the Municipal council cannot challenge its own decision, and if such a...

Kerala High Court Weekly Round-Up: November 6 – November 12, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 629-648]Roli Pathak v Union of India 2023 LiveLaw (Ker) 629Shibu J v State of Kerala 2023 LiveLaw (Ker) 630Mathrubhumi Printing & Publishing Co. Ltd v State of Kerala 2023 LiveLaw (Ker) 631XXX & Anr. v. Union of India & Ors. 2023 LiveLaw (Ker) 632Shoma G. Madan & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 633Deepak K. v...