Kerala High Court
Farmers' Plea In Kerala High Court Seeks Judicial Intervention To Revamp Paddy Procurement System
The Kerala High Court has directed the government to consider the grievances of paddy cultivating farmers in Palakkad district, seeking to revamp and improve the procurement system in the State.Justice Devan Ramachandran has directed the Competent Secretary of the Government to look through the petitioners' complaints "very carefully" and file a report indicating as to what action has been...
Second Appeals Can't Be Admitted On Equitable Grounds Merely To Refer Parties To Mediation: Kerala High Court
The Kerala High Court recently held that a Court cannot admit and maintain a second appeal merely to refer parties to mediation, if there is no substantial question of law involved in the second appeal.Justice A. Badharudeen observed that a second appeal shall not be heard on equitable grounds and reiterated that it is mandatory to formulate substantial questions of law. “The legal position...
Plea In Kerala High Court Opposes Construction Of Toilet Block In Lord Ayyappa Temple Compound
A plea has been moved in the Kerala High Court challenging the construction of a toilet block as part of the 'Take a Break' scheme on the Devaswom land of Ayyappan Kavu Temple, Cherpulassery. The agreement entered into between the Cheruplassery Municipality Secretary and Temple's Managing Trustee also provided that the operation and maintenance of the 'Take a Break' centre shall be vested...
Kerala High Court Asks Govt To Issue Necessary Health Advisories To Sabarimala Pilgrims Amid Nipah Virus Outbreak In Kozhikode
Amid outbreak of Nipah virus in Kerala's Kozhikode, the High Court has directed the Health Secretary to issue advisories, if necessary, to Sabarimala Pilgrims visiting the temple during Kannimasa Pooja.Total virtual queue booking for the pooja from September 17 has already reached 34,860.The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas was hearing a suo moto...
Plea In Kerala High Court Challenges Appointment Of IAS Officer B Ashok As Agricultural University's Vice Chancellor
The Kerala High Court has issued notice on a writ petition questioning the qualifications of IAS officer Dr B Ashok who was appointed as the Vice Chancellor of Kerala Agricultural University earlier this year.The plea has been moved by a member of the General Council of the University, stating that Dr Ashok does not possess the requisite qualifications prescribed by the UGC for holding the...
Order VIII Rule 6 CPC | Can't Reject Counter Claim If Omissions Pointed Only At Appellate Stage, Not During Trial: Kerala High Court
The Kerala High Court has held that counterclaims have to be filed in accordance with the procedure prescribed under Order VIII Rule 6A-6G of CPC and any omissions in form and content of counterclaims has to be pointed by the opposite party at the trial stage itself.Justice A. Badharudeen observed that if the omissions in counterclaims are pointed out at the appellate stage after the trial,...
Res Judicata | Civil Court Cannot Grant Liberty To File Fresh Suit On Same Cause Of Action While Drawing Decree On Merits: Kerala High Court
The Kerala High Court recently declared that it would be impermissible for a civil court to grant liberty to file a fresh suit on the same cause of action while drawing a decree on its merits, or to remove any statutory bar in instituting a fresh suit on the same cause of action.Justice P. Somarajan, explained that liberty to file a fresh suit could be granted only under Order XXIII Rule 1 and...
Hereditary Trustees Can Be Employed In Temples Upon Relinquishing Trusteeship: Kerala High Court
The Kerala High Court on Thursday ruled that a hereditary trustee or a member of the family with a hereditary right of trusteeship is not barred from being appointed as an employee in the temple as long as they relinquish their claims to trusteeship before applying.A division bench of Justice Anil K Narendran and Justice P.G Ajithkumar discussed the social reality that hereditary...
State Obligated To Maintain Confidentiality Of HIV Patients Availing Govt Schemes, Right To Privacy Constitutional Guarantee: Kerala High Court
The Kerala High Court has sought the response of the State government on steps taken to ensure that confidentiality of persons infected with HIV is not prejudiced while availing the benefits of a Government Order granting them Rs. 6,000/- largesse every 6 months.Justice Devan Ramachandran observed that since right to privacy is a constitutional guarantee, the government is obligated to...
Hepatitis-B Patients Can't Be Denied Civil, Public Employment: Kerala High Court Seeks Protocols Against Discrimination
The Kerala High Court has recently held that a person cannot be denied employment opportunities in the civil or public sector merely on account of Hepatitis- B or HIV infection.Justice Devan Ramachandran declared that the denial of employment to an infected person was discriminatory and that such practice in this era shocks the collective conscience of the society. “One can certainly...
'Punishment Before Conviction Anti-Thesis Of Rule Of Law': Kerala High Court Grants Bail To Managing Director In Popular Finance Scam
The Kerala High Court on Thursday granted bail to the Managing Director of Popular Finance, Thomas Daniel, who is alleged to have committed offences under the Prevention of Money Laundering Act, 2002 (PMLA). Daniel had been accused of cheating several depositors by collecting fixed deposits without authority, after promising to pay interest and thereafter failing to pay the interest and...
Non-Compliance With Centre's MSME Framework Does Not Nullify An NPA Declaration Under SARFAESI Act: Kerala High Court
The Kerala High Court recently held that the ‘Framework for Revival and Rehabilitation of Micro, Small and Medium Enterprises' issued by the Centre in 2015 is only optional and that its non-compliance does not render an NPA declaration void.The said Framework outlines a procedure for banks to follow before declaring an MSME's account as an NPA (Non-Performing Asset).Justice Bechu Kurian...