Kerala High Court Takes Exception To State’s Rejection Of Proposal On Enhancing Retirement Age Of HC’s Meritorious Staff, Orders Fresh Decision

Taking exception to the State's rejection of a proposal on the enhancement of retirement age of high court staff from 56 to 58, the Kerala High Court on Thursday remitted the matter back to the state government for a fresh decision on the proposal of the Chief Justice for enhancement of the retirement age of the meritorious employees.The Registrar General of the High Court on October 25, 2022...

Kerala High Court Orders Kollam Police To Probe Alleged Forgery Of NEET Score Card By Candidate

The Kerala High Court on Wednesday directed the District Police Chief, Kollam, to conduct an enquiry in the matter of alleged manipulation in the National Eligibility Cum Entrance Test (NEET) scorecard of a candidate. Justice P.V. Kunhikrishnan declared that if any criminal offence is found in the matter, the Police authorities would be free to register a case and investigate the same...

Delegation Of Quasi-Judicial Functions By SEBI To Its Members Is Permissible: Kerala High Court

The Kerala High Court recently held that the Securities and Exchange Board Of India (SEBI) can delegate the quasi-judicial functions of the Board to its members if the statute permits such delegation. The court noted that Section 19 of the SEBI Act permits delegation of the function and power of the Board to its members, except the powers under under Section 29, being the rule making power of...

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities (Prevention) Act, 2007 (hereinafter, 'KAAPA'). The Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha observed,...

Kerala High Court Raps Kochi Corporation For Inaction Against Street Food Stalls Dumping Waste Into Stormwater Canals

The Kerala High Court recently came down heavily on the Kochi Corporation for not taking stringent action against hotels, particularly “thattukadas” (street side food stalls) for dumping waste into stormwater canals. The High Court in an order last year had directed the Kochi Corporation to act against citizens, commercial establishments dumping plastic/ garbage in stormwater...

[Kerala Rent Control Act] Interim Orders Appealable U/S 18 Only If It Affects Rights & Liabilities Of Party: Kerala High Court

The Kerala High Court recently held that interim orders passed under the Kerala Buildings (Lease and Rent Control) Act, 1965 are appealable under Section 18 of the Act only if it affects the rights and liabilities of the concerned party.A division bench of Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen while dismissing a petition filed challenging the order of the Rent...

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case

A plea has been filed in the Kerala High Court for quashing the order issued by the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram seeking the production of documents by the State Government, in relation to the brewery allotment corruption case.The case pertains to the alleged graft in the issuance of brewery licenses by the previous administration of the ruling...

'Why Can’t You Take It As Patient Hearing?' : Kerala High Court Asks Petitioner Who Alleged Sitting Judge Hears Limited Number Of Cases

The Kerala High Court on Wednesday reserved for order the petition filed by Advocate Yeshwanth Shenoy alleging that Justice Mary Joseph of the High Court has curtailed the number of cases listed before her bench to only 20 matters a day, when other judges have 100 matters or more listed before them everyday. When the matter came up for hearing before Justice PV Kunhikrishnan today, he asked...

Kerala High Court Dismisses Plea To Bring Back 'Arikomban', Says No Allegation Of Neglect Against Authorities In Tamil Nadu

The Kerala High Court on Wednesday dismissed the plea filed by Sabu M. Jacob, the President of the 'Twenty-20 Party', and the Managing Director of Kitex Garments, seeking safe translocation of rogue elephant 'Arikomban' back to Kerala.The pachyderm was earlier translocated to Periyar Tiger Reserve for allegedly foraging into the human settlements in Chinnakanal area, However, as per reports...

Additional Pleadings Raised In Rejoinder Cannot Form Part Of Plaint And No Evidence Can Be Adduced Based On It: Kerala High Court

The Kerala High Court recently held that additional pleadings raised in a rejoinder cannot form part of the plaint. Under the Code of Civil Procedure,1908 a party can incorporate additional pleadings to the plaint only by way of an amendment under Order VI Rule 17, the Court noted in this regard.A single bench of Justice Mary Joseph observed that:“...it is clear that a party seeking to obtain...

Magistrate Court Having Jurisdiction Cannot Refuse An Accused Permission To Surrender: Kerala High Court

The Kerala High Court recently held that a Magistrate cannot refuse a person accused of an offence, permission to surrender to its jurisdiction under Sections 436 and 437 of Code of Criminal Procedure, 1973.A single bench of Justice K Babu observed: “When the Code permits a person accused of an offence to surrender before the Court having jurisdiction over the subject matter, it cannot...

Education Loan Cannot Be Rejected For Low CIBIL Score Of Student: Kerala High Court

The Kerala High Court on Tuesday held that an application for education loan by a student could not be rejected on the ground of a low CIBIL (Credit Information Bureau (India) Limited) score. Justice P.V. Kunhikrishnan cautioned banks to adopt a 'humanitarian approach' while considering applications for education loans. "Students are the nation builders of tomorrow. They have to lead this...