Kerala High Court
Decree For Partial Specific Performance Not Permissible When Defendant Retains Undisputed Title Over Entire Property: Kerala High Court
The Kerala High Court has clarified the limits of granting specific performance for part of a contract under Section 12(2) of the Specific Relief Act, 1963, stating that a decree for part performance for a lesser extent should not be granted if the defendant holds the entire extent of the property.The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment...
Kerala High Court Seeks State's Stand On Legality Of Pre-2008 Paddy Land Reclamations Under Wetland Act
The Kerala High Court on Wednesday (November 5) directed the State Government to file a detailed affidavit clarifying its stand on the legality of paddy land reclamations made prior to the enforcement of the Kerala Conservation of Paddy Land and Wetland Act, 2008.The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M issued the direction while hearing a batch of...
Cheque Dishonour | Accused Can Rebut Presumption Of Debt By Referring To Particular Circumstances Of Case: Kerala High Court
The Kerala High Court, in a recent judgment, clarified that a person accused of the offence under Section 138 of the Negotiable Instruments Act can refer to particular circumstances of the case in order to rebut the presumption under Section 139 and prove non-existence of debt or liability by preponderance of probabilities.The appeal before Justice Bechu Kurian Thomas was preferred by...
Noting Environmental Degradation, Kerala High Court Prohibits Sale Of Plastic Shampoo Sachets & Chemical Kumkum In Sabarimala
The Kerala High Court on Friday (November 7) directed the Travancore Devaswom Board to initiate steps to ensure that the selling of chemical kumkum is banned in Sabarimala to avoid substantial environmental degradation.The Division Bench of Justice Raja Vijayaraghavan and Justice K.V. Jayakumar was considering a suo motu petition based on a report filed by the Special Commissioner, detailing...
Kerala High Court Quashes Abduction Case Against Actress Lakshmi Menon After Recording Settlement Between Parties
The Kerala High Court on Friday (November 7) quashed the abduction case initiated against actress Lakshmi Menon in view of the settlement entered into between the parties.Justice C.S. Dias today allowed the Crl.M.C. filed by all the four accused persons, including the actress, and quashed the FIR registered and all further proceedings in Crime No. 346 of 2025 of the Ernakulam Town North...
Law Needs Amendment, Land Owners Must Be Imposed With Liability In Cases Of Illegal Reclamation Of Paddy Land: Kerala High Court Remarks
The Kerala High Court on Wednesday (November 5) orally observed that the law should be amended so that the land owner is saddled with liability in cases of illegal conversion of paddy lands.The Division Bench consisting of Justice A. Muhamed Mustaque and Justice Harisankar V. Menon was considering a writ appeal preferred by the owner of a JCB excavator seeking to get interim custody over...
MD Of Company Can Be Treated As “Employer” For Proceedings U/S 20(2) Of Minimum Wages Act: Kerala High Court
The Kerala High Court has held that the Managing Director of a Company can be treated as an “employer” under Section 2 (e) of the Minimum Wages Act, 1948, for proceedings initiated under Section 20(2) of the Act.Justice K. Babu, was delivering a judgment in a writ petition filed by the former Managing Director of Southwest Motorcorp India Pvt. Ltd., who challenged an order issued by...
S. 144 BNSS/S.125 CrPC| Unmarried Major Christian Daughter Not Entitled To Claim Maintenance From Father: Kerala High Court
The Kerala High Court recently clarified that the scheme of the provision under Section 125 Code of Criminal Procedure, corresponding Section 144 of the Bharatiya Nagarik Suraksha Sanhita does not contemplate maintenance claim by a major daughter unless she is unable to maintain herself due to physical or mental abnormality or injury.Dr. Justice Kauser Edappagath also noted that unlike in...
BCI Has Granted Interim Approval To Reserve Two 'Transgender' Category Seats In All State Law Colleges; Kerala High Court Told
The Kerala High Court on Thursday (November 6) was informed that the Bar Council of India has granted interim approval to add two supernumerary seats under Transgender category in all law colleges in Kerala.Justice V.G. Arun was considering a writ petition seeking reservation under the 'Transgender category' for admissions to integrated Five year LL.B courses in Government Law Colleges.The...
Ensure "Dr." Not Used By Physiotherapists, Occupational Therapists Without Medical Qualification: Kerala High Court
The Kerala High Court on Tuesday (November 4) passed an order against the usage of "Dr." prefix by physiotherapists and occupational therapists who do not possess recognised medical qualification.Justice V.G. Arun was told that there is a conflict between the provisions of the Indian Medical Degrees Act, 1916 (Exhibit P1) and the clauses in the Competency Based Curriculum for Physiotherapy...
Kerala High Court Quashes Income Tax Appellate Order Against AMMA, Directs Fresh Consideration
The Kerala High Court has set aside an order passed by the Commissioner of Income tax (Appeals), against the Association of Malayalam Movie Artists (AMMA), holding that the appellate authority failed to comply with the mandatory requirements under the Income Tax Act.Justice Ziyad Rahman A A, observed that the Commissioner of Income Tax (Appeals) erred by rejecting AMMA's appeal solely on...