Kerala High Court
Maintenance Application Under Chapter IX CrPC Cannot Be Dismissed For Default: Kerala High Court
The Kerala High Court recently considered whether an application filed for maintenance allowance under Chapter IX of CrPC can be dismissed for default (non-appearance of party seeking maintenance). Chapter IX, Section 125-128 of CrPC contemplates Order for Maintenance of Wives, Children and Parents.Justice C.S. Dias observed that Magistrate has no implicit power to dismiss an application...
Kerala High Court Stays Food Adulteration Proceedings Against 'Dalda Vanaspati'
The Kerala High Court yesterday stayed criminal proceedings initiated against 'Bunge Dalda Vanaspati' in Magistrate Court for allegedly violating the provisions of the Food Safety and Standards Act, 2006.Justice P.V.Kunhikrishnan admitted the matter and granted an interim stay on all criminal proceedings initiated against the petitioners. “After going through the complaint, I think a...
Family Court Has Jurisdiction To Entertain Plea Seeking Reliefs U/S 18-22 Domestic Violence Act: Kerala High Court
The Kerala High Court has laid down that the Family Court has the jurisdiction to entertain a petition seeking reliefs under the Protection of Women from Domestic Violence Act, 2005."What is discerned from the provisions of Section 12 is that an aggrieved person is free to elect any of the reliefs. The legislature in the wisdom has framed the Act by taking into consideration the doctrine...
Kerala High Court Upholds Devaswom Commissioner's Order Refusing Permission To Shoot Film At Vadakkunnathan Temple Ground
The Kerala High Court recently upheld the order issued by the Special Devaswom Commissioner of the Cochin Devaswom Board denying permission to the proprietor of ‘Appu Pathu Pappu Production House’ from shooting a few scenes of the film ‘PANI’ on the ground of Sree Vadakkunnathan Temple in Thrissur.The petitioner-proprietor had preferred an application to the Special Devaswom...
Co-operative Societies Act | Can't Invoke Writ Jurisdiction To Challenge Disputed Questions Of Fact Concerning Committee Election: Kerala High Court
The Kerala High Court has held that writ jurisdiction cannot be invoked under Article 226 of the Constitution to challenge disputed questions of fact concerning election to the Managing Committee of a Society.Justice N. Nagaresh relied upon various judicial precedents and observed that factual disputes regarding election to the Managing Committee of a Society have to be settled by a...
Kerala High Court Prevents Public Service Commission From Taking U-Turn, Admitting Candidates With Higher Qualification After Opposing It
The Kerala High Court on Monday categorically laid down that the Kerala Public Services Commission cannot alter its previous stance and subsequently admit candidates with higher qualifications for the post of Lower Division Clerk (LDC) in the Kerala Water Authority.The petitioners in the present writ petitions were aggrieved by the inclusion of candidates who do not have the...
Surrogacy Permissible Only If Altruism And Lack Of Financial Benefits Established: Kerala High Court Orders Police To Question Proposed Mother
The Kerala High Court yesterday directed the DIG, Thiruvananthapuram to conduct an enquiry and submit a report after interacting with a proposed surrogate mother and her family to ensure altruistic surrogacy. The Court stated that permission can be granted for surrogacy only if altruism and lack of financial involvement are reasonably established.The Court was considering a plea submitted by...
Penalty Is Payable On Failure To Deposit Tax Collected Within A Period Of Thirty Days From The Due Date: Kerala High Court
The Kerala High Court has held that the penalty is payable on failure to deposit the tax collected by him within a period of thirty days from the due date of the payment of the tax.The bench of Justice Dinesh Kumar Singh observed that in Sub-sections 6, 8, and 9 of Section 73 of the GST Act, 2017, it is provided that if a person chargeable to tax fails to deposit the tax collected by him within...
Administrative Orders Devoid Of Reasons Not Inherently Illegal, But Authorities Not Encouraged To Pass Such Orders: Kerala High Court
The Kerala High Court recently quashed the order issued by the District Programme Co-ordinator of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) terminating the services of six Quality Monitors for unsatisfactory work. Justice Raja Vijayaraghavan V noted that the impugned order had been passed merely on finding that the performance was unsatisfactory, without any...
Disciplinary Proceedings Under KCS Rules Will Discontinue On Retirement Of Govt Servant If Proceedings Primarily About Loss Recovery: Kerala High Court
The Kerala High Court held that after a government servant has retired from service and the proceedings primarily become about loss recovery, disciplinary proceedings under Rules 15 and 16 of KCS (CC&A) Rules are no longer applicable. Instead, Rule 3, Part III of the Kerala Service Rules (KSR) applies, although it governs the recovery of losses from a pensioner found guilty of...
Kerala High Court Directs State To Issue Preceding Two Years Notifications For Disbursing Annual 12K Grant To Junior OBC Advocates
The Kerala High Court today directed the competent authority of the State Government to issue necessary notifications under the OBC Advocate Grant Scheme for the years 2021-22 and 2022-23 for disbursal of annual grant of Rs. 12,000 to the eligible junior advocates.Justice Devan Ramachandran stated that the benefit given to the young lawyers under the Scheme cannot be denied for no...
Concurrent Jurisdiction U/S 397 CrPC: Kerala HC Says No Bar On Approaching High Court For Revision But More Appropriate To Move Sessions Court First
The Kerala High Court has clarified that when concurrent revisional jurisdiction is available under Section 397 CrPC to approach the High Court as well as the Sessions Court, it is just and appropriate to first approach the Court of the lowest forum, that is, the Sessions Court. The Court was quick to add this does not mean that there is any bar in approaching the High Court first,...