Kerala High Court
Arbitration Act | Arbitrator Can't Appoint Advocate Commissioner U/S 26, 27: Kerala High Court
The Kerala High Court has recently held that an arbitrator is not authorised to appoint an Advocate Commissioner under Section 26 or 27 of the Arbitration Act to conduct inspections in land acquisition disputes. Justice Murali Purushothaman added that the extent of judicial intervention in arbitration proceedings was limited, with parties generally having to wait for the arbitration award...
'‘No Other High Courts Have This’': DAKSH's Panel Discussion On 'Technological Transformation of Kerala High Court'
"The design of the e-courts system we have implemented in Kerala High Court is not merely the architecture, but our vision behind the same. Our approach is our vision, and that is our design," Justice A. Muhamed Mustaque quipped, during a Panel discussion by Bengaluru-based think tank and research institution DAKSH on 'Technological Transformation of Kerala High Court' today. The event launched...
'Why Freeze Entire Bank Account Of Traders Just Because Unknown Cyber Criminals Paid Them Through UPI?' Kerala High Court
The Kerala High Court recently directed Banks to limit the freezing orders issued in respect of persons into whose accounts amounts had been transferred via UPI platform as part of a cyber financial crime, to the amount involved in the crime as mentioned in the order/requisition issued by the Police Authorities. The Single Judge Bench of Justice Devan Ramachandran could not fathom why the...
SARFAESI Act | Whether Mortgaged Property Is Agricultural Land To Be Decided By DRT, Can't Invoke Writ Jurisdiction: Kerala High Court
The Kerala High Court last week dismissed challenge to recovery proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) qua certain parcels of land which the petitioner claimed to be agricultural lands and thus protected under Section 31 (i) of the statute. Section 31(i) states that the provisions of...
Centre Notifies Appointments Of 3 Judicial Officers As Additional Judges Of Kerala High Court
The Central Government has notified the appointment of three judicial officers as additiiona judges of the Kerala High Court. They are :1. Johnshon John,2. Gopinathan U Girish, and3. C. Pratheepkumar.Last week, the Supreme Court collegium had recommended the appointments of these officers, along with two others....
Kerala Abkari Act | Rented Vehicle Put To Illegal Use Without Owner's Knowledge Or Active Involvement Ought To Not Be Confiscated: High Court
The Kerala High Court has laid down that a vehicle which was taken on rental basis, and which was subsequently put to use for illegal purposes, cannot be confiscated when the registered owner of the vehicle had no knowledge of the offence, nor had any active involvement in such act. "For a vehicle to be confiscated, it ought to have been established that the owner of the vehicle has...
“Till Death Do Us Apart”, Kerala High Court Reunites 80 Yr-Old Woman With 92 Yr-Old Husband, Son Cannot Keep Them Apart
The Kerala High Court came to the rescue of an ailing nonagenarian senior citizen who was suffering from dementia and was kept away from his wife by their son.“Till death do us part”. An octogenarian wife has been driven to knock on the doors of this Court for consortium and company of her dementia afflicted husband – twelve years her senior – who, she says has been unfairly taken away...
Wife Not Knowing Cooking, Seeking Assistance Of Husband's Employer To Patch Up Strained Marriage Not 'Cruelty': Kerala High Court
The Kerala High Court has held that wife seeking the help of her husband's employer for patching up their broken marital relationship and to bring him back to normal life after finding out his issues, or her not knowing cooking cannot be grounds sufficient to constitute 'cruelty'.The Division Bench made the above observations in an appeal by the husband against the decree of restitution...
Kerala High Court Stays Operation Of State Child Rights Commission’s Order Banning Tuition Classes At Night
A plea has been moved before the Kerala High Court challenging an order passed by the State Commission for Protection Of Child Rights banning recreational trips and night tuition classes conducted by tuition centers.Justice T.R.Ravi issued notice to the respondents and directed that there will be an interim stay on the order passed by the State Child Rights Commission on the banning of...
Dowry Demand Without Ingredient Of Cruelty Not An Offence U/S 498A IPC: Kerala High Court
The Kerala High Court recently held a mere demand for dowry or any property or valuable security without the ingredient of 'cruelty' would not attract the offence under Section 498A IPC. It held that when both elements of demand and cruelty are combined, then liability would be fastened on an accused. "A mere skirmish in the ordinary life between the spouses or intermittent quarrel or even...
Kerala High Court Warns Of Strict Action If Police Officers Fail To Provide Instructions In Criminal Trials
The Kerala High Court has directed the State Police Chief to ensure there is no impediment faced by Public Prosecutors in getting instructions from police Stations. Justice P.V. Kunhikrishnan was of the considered opinion that such a scenario creates a 'serious problem of piling up of cases'. "It seems that in almost all cases, even though this Court direct to get instructions, the...