Kerala High Court
Scribe Being One Of The Attesting Witnesses Not More Competent Than Other Attesting Witnesses To Prove Execution Of Will: Kerala High Court
The Kerala High Court recently held that when the scribe is one of the attesting witnesses of a will, he is not more competent than other attesting witnesses to depose the execution of the Will. The Court noted that there is no law in place which states that when the scribe of a Will is one of the attesting witness, he/she is the best witness and is the most competent to depose the execution...
Plea In Kerala High Court Seeks Proper Medical Care For 'Arikomban' If Tranquillised And Captured
A plea has been filed in the Kerala High Court seeking proper medical care to be ensured for the rogue elephant 'Arikomban', and for the adoption of scientific methods that cause minimum trauma, for the rehabilitation and translocation of the tusker, if the animal is to be captured and tranquilized. The pachyderm, 'Arikomban', had allegedly been foraging into the Chinnakanal area, and...
S.17 SARFAESI Act | Recovery Action May Have Disastrous Consequences For Borrower, DRT Must Pass Interim Order Upon Application Of Mind: Kerala HC
The Kerala High Court recently held that interim orders passed by the Debts Recovery Tribunal under 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be issued mechanically and without application of mind. Doing so would amount to failure on the part of the Tribunal in proper and judicious exercise of the jurisdiction vested...
Life Insurance Policy Can Be Repudiated For Suppression Of Material Facts Regarding Health Condition Of Insured: Kerala High Court
The Kerala High Court recently held that details regarding the illness suffered by the proposer/assured, the previous treatment administered to him including hospitalization, and so on, which are raised as specific queries in the proposal form of the insurance company are material facts, and in the event of any material suppression or furnishing of false information by the...
Local Self Govt Tribunal | Limitation Under Rule 8(3) For Filing Petitions Not Applicable To Pleas For Setting Aside Ex-Parte Order: Kerala High Court
The Kerala High Court recently enunciated that the time limit which has been fixed under Rule 8 of the Tribunal for the Local Self Government Institution Rules, 1999, is only in respect of petitions to be filed as provided in Rules 8(1) and 8(2) of the Rules, 1999 and not in respect of a petition filed in the said proceedings for setting aside of an ex parte orderor for condonation...
Allegation Of Forgery Of Document To Be Considered By Court, Complaint On Administrative Side Not Legally Sustainable: Kerala High Court
The Kerala High Court has ruled that when a statute confers specific power upon a judicial officer to tackle a particular situation on the judicial side, the administrative authority would be precluded from entertaining the complaint and taking a decision on the administrative side. The Single Judge Bench of Justice Shaji P. Chaly made the above observation in a case alleging commission of...
Kerala High Court Refuses To Stay Lokayukta Decision Referring Complaint Against Chief Minister, Others To Full Bench
The Kerala High Court on Monday refused to stay the order of the Lok Ayukta referring the case against the Chief Minister Pinarayi Vijayan and the former Ministers alleging misuse of amount in the Chief Minister Disaster Relief Fund (CMDRF) to a Full Bench comprising the Lok Ayukta and both the Upa-Lok Ayuktas.The Division Bench comprising Acting Chief Justice S.V. Bhatti and Justice...
Forest Department Cannot Deny Soil Excavation Permission To Assignee of Land Just Because It Contains High Levels of Humus: Kerala High Court
The Kerala High Court recently held that the Forest Department cannot deny permission to an assignee of land under the Kerala Land Assignment Special Rules, 1993, to excavate and transport ordinary earth from their land for the purpose of house construction simply because the soil contains high levels of humus.A single bench of Justice N Nagaresh observed that “..defence of the respondents...
Kerala High Court Weekly Round-Up: May 22 To May 28
Nominal Index [Citation: 2023 LiveLaw (Ker) 225-237]Petro David v. State of Kerala, 2023 LiveLaw (Ker) 225Ratheesh Dasan V. State Of Kerala, 2023 LiveLaw (Ker) 226Shantanu Yadav Rao Hire v. State of Kerala & Anr., 2023 LiveLaw (Ker) 227Muhammed Abdulla Sha V State of Kerala, 2023 LiveLaw (Ker) 228PNB Housing Finance Ltd. V. State Of Kerala, 2023 LiveLaw (Ker) 229Unni Mukundan V State...
'Unhealthy, Unscientific & Deleterious Practices To Be Prevented, Even If Done In Name Of Religion': Kerala High Court On Animal Sacrifice
The Kerala High Court recently observed that all unhealthy, unscientific and deleterious practices are to be prevented, even if the same has been done in the name of religion. The Court made the observation while ordering probe against the ritualistic sacrifice of birds and animals at a private residence. Justice V.G. Arun further directed that if it is found that a place of worship...
Elephants Should Get Required Rest: Kerala High Court Directs State To Produce Plan For Deployment Of Elephants During Festive Season
The Kerala High Court has directed the Government to place on record a mechanism supported by a statutory scheme for the practical and convenient deployment of elephants during festive season. The Division Bench comprising Acting Chief Justice S.V. Bhatti and Justice Basant Balaji through the issuance of the aforementioned direction, has sought the calendar for each elephant to be used by...
Kerala High Court Stays Conduct Of State Boxing Championship Proposed To Be Held By State Amateur Boxing Association
The Kerala High Court on Friday stayed the conduct of the ‘Kerala State Boxing Championship 2023-24’ organised by the Kerala State Amateur Boxing Association proposed to be held between 28th to 30th May.A single bench of Justice P V Kunhikrishnan stayed the Championship in a plea filed by Indian Boxing Coach and Dronacharya Awardee D Chandralal. It was his case that the Kerala State...