Kerala High Court
Kerala High Court Quashes Rejection Of Arms Licence Renewal Citing Lack Of Reasoned Order
The Kerala High Court has recently quashed orders refusing renewal of an arms licence, holding that the authorities failed to record valid reasons or consider settled legal principles governing such renewals.Justice Mohammed Nias C P, allowed a writ petition filed by the petitioner and set aside the orders of the District Magistrate, Thiruvananthapuram, and the Land Revenue Commissioner,...
Kerala High Court Grants Bail To Accused Caught In ₹5,000 Land Tax Bribery Trap By Vigilance
In an alleged bribe demand case of ₹5,000 for effecting mutation of property and payment of land tax, the Kerala High Court has granted bail to the accused after noting that the investigation was practically over and the petitioner had been in custody for more than 25 days. The order was passed by Justice Muralee Krishna S. while allowing a bail application filed by the sole accused...
TP Chandrasekharan Murder Case: Kerala High Court Denies Parole To Life Convict To Conduct Funeral Rites Of Cousin
The Kerala High Court on Tuesday (December 30) refused to grant emergency leave to Jyothi Babu, one of the convicts in the T.P. Chandrasekharan murder case, to conduct the funeral rites of his cousin.T.P. Chandrasekharan, leader of the Revolutionary Marxist Party (RMP), was murdered due to political rivalry on May 4, 2012. Babu was convicted of the murder and is presently undergoing...
Trespass Of Police Stations Covered U/S 442 IPC Since They Are Used For Safekeeping Of Official Records, Weapons: Kerala High Court
The Kerala High Court, in a recent judgment, held that a police station would fall under the definition of 'house' as per Section 442 of the Indian Penal Code as these are used to custody of property, including official records, arms and ammunitions, etc.Justice Bechu Kurian Thomas observed:“Section 2(s) of Cr.P.C defines a police station as “any post or place declared generally, or...
Kerala High Court Seeks State's Stand In Plea For Change Of Prosecutor Who Allegedly Forced Complainant To Settle Criminal Case
The Kerala High Court on Friday (December 27) sought the State's stand in a plea moved by a de-facto complainant seeking change of the Special Public Prosecutor, who allegedly forced her to settle a criminal case with the accused.According to the plea, the petitioner is the complainant in a crime registered by the Sasthamcottah Police State for the offences under Sections 341(wrongful...
Bank's Right To Recover Becomes Absolute Once Demand Notice Is Served In Borrower's Lifetime, Fresh Notice To Legal Heirs Not Needed: Kerala HC
The Kerala High Court, in a recent judgment, held that the statutory right of a bank to recover dues from a borrower under the SARFAESI Act becomes absolute once the demand notice is duly served during his lifetime and the mandatory 60-day period expires without the liability discharged.There was no need for the bank to issue fresh notices under the Act for the legal heirs of the...
'Allegation That Investigation Is Lagging': Kerala High Court Orally Remarks While Considering Bail Pleas In Sabarimala Gold Theft Case
The Kerala High Court on Tuesday (December 30) orally observed that there is an allegation that the investigation in the Sabarimala gold theft case is dragging. Justice Jobin Sebastian was considering the bail pleas of former Travancore Devaswom Board president A. Padmakumar and that of jeweller Roddam Pandurangaiah Naga Govardhan.When the matter came up before the vacation bench, the Court...
Kerala HC Grants Bail To Asst Director Booked For Allegedly Sexually Harassing Actress Inside Dulquer Salmaan's Production Company Office
The Kerala High Court on Tuesday (December 30) granted bail to assistant director Midhil Babu, who is accused of sexually harassing an aspiring young actress in the office of Wayfarer Films Pvt. Ltd., Dulquer Salmaan's production company.Justice Jobin Sebastian passed the order granting him bail today. It was orally observed:"Petition is allowed...You have to surrender the passport."His...
Sabarimala Gold Theft: Kerala High Court Allows Inclusion Of Two More Officers In Special Investigation Team
The Kerala High Court on Tuesday (30 December) allowed the inclusion of two more officers in the Special Investigation Team (SIT) constituted for the investigation of gold theft from the Dwarapalaka idols and lintels of the Sabarimala temple.A vacation bench comprising Justice Ziyad Rahman A A and Justice M B Snehalatha allowed the application submitted by the head of the SIT which requested...
Applicability Of LARR Act To Power Transmission Lines Over Private Land Must Be Examined By Competent Authority: Kerala HC
The Kerala High Court has held that the concerned authority must examine at appropriate proceedings, whether the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) apply to cases where electricity transmission lines are drawn over private land without acquisition of title.A Division Bench comprising Justice A Muhamed Mustaque...
Deceased's Statements Acknowledging Blood Relationships Are Relevant Under Evidence Act If Made Before Dispute Arose: Kerala High Court
The Kerala High Court has held that verbal statements of a deceased person relating to blood relationships are relevant facts under Section 32(5) of the Evidence Act, provided they were made before the dispute arose and the declarant had special means of knowledge.A Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar were considering a preliminary decree in a...
Forcible Eviction Disputes Not Arbitrable Despite Existence Of Arbitration Clause In Lease Agreement: Kerala High Court
The Kerala High Court has held that disputes relating to eviction of a tenant are not arbitrable even where the lease agreement contains an arbitration clause and that the jurisdiction of the Civil Court cannot be ousted by such non-arbitrable reliefs. Justice P. Krishna Kumar observed while allowing an Original Petition filed by a retired Bharat Sanchar Nigam Ltd (“BSNL”)...