Kerala High Court Questions State's Inaction In Taking Measures To Address Human-Elephant Conflict Despite Orders, Calls Delay 'Appalling'

The Kerala High Court has pulled up the State government for failing to act with urgency in procuring equipment to tackle recurring human–elephant conflicts in Aaralam and Wayanad, despite clear directions issued over two months ago.A Division Bench comprising Justice Jayasankaran Nambiar and Justice Jobin Sebastian were hearing petitions concerning the human- wildlife conflict in Wayanad...

School Cannot Claim Any Land As Its 'Playground' Without Title Deed: Kerala High Court

The Kerala High Court has held that a school cannot claim possession of a playground without the required documents, stating that parties claiming rights on the basis of documents are entitled to be in possession of the property.Justice N Nagaresh delivered the judgment while considering two writ petitions which related to a property which was claimed to be the only playground of CA...

Kerala High Court Directs Authorities To Consider Suggestions, Devise Effective Timetable For Smooth Functioning Of Transport Buses

The Kerala High Court recently permitted the impleadment of My Metro Bus Services LLP, a consortium of 20 stage carriage operators plying on the Vyttila–Vyttila circular city route, as an additional respondent in an ongoing writ petition concerning bus timings in Kochi.Justice Amit Rawal, while allowing the impleadment application, noted that the operators had raised significant concerns...

NHAI Need Not Deposit Compensation Amount Until Challenge To Arbitrator's Award Is Decided: Kerala High Court

The Kerala High Court recently held that the National Highways Authority of India (NHAI) need not submit the compensation awarded when the Arbitrator's award is challenged by either party, i.e., the claimant or the NHAI.The Division Bench of Justice A. Muhamed Mustaque and Justice Harisankar V. Menon was considering a writ appeal preferred by the NHAI challenging the Single Judge's direction...

Expedite Service Of Summons In Cases Against MP/MLAs Pending For More Than 10 Years, Directs Kerala High Court

The Kerala High Court on Wednesday (September 24) passed an interim direction asking the state government and the High Court administration to issue necessary instructions to the Nodal Officers to coordinate for expediting the service of summons against MP/MLAs in cases which are pending for more than 10 years.The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued...

Supervisory Jurisdiction Of HC Doesn't Extend To Correcting All Errors In Order Of Administrative Tribunal: Kerala High Court

The Kerala High Court refused to interfere with State Administrative Tribunal's order which upheld the transfer of a teacher, reiterating that supervisory jurisdiction under Article 227 of the Constitution cannot be exercised to correct all errors in the order of the Administrative Tribunal. Referring to various decisions, a division bench of Justice Anil K Narendran and Justice Muralee...

Making Interim Bail Of Accused 'Absolute' Due To Illegal Arrest Not Valid, Renders Subsequent Lawful Arrest Impossible: Kerala High Court

The Kerala High Court recently held that making absolute an order of interim bail granted to an accused on a finding that his arrest was illegal would make it impossible for the investigating agency to arrest him subsequently in a lawful manner. It found that such orders are wrong and have no legal effect.Justice A. Badharudeen observed that a finding of illegal arrest would relegate an...

Income Tax Act | To Claim Deduction U/S 54F, Assessee Must Show Intention To Repay Borrowed Funds With Capital Gains: Kerala HC

The Kerala High Court stated that to claim the Section 54F deduction under the Income Tax Act, the assessee must satisfy the authorities that borrowed funds were used at their own risk with the intention to be repaid with capital gains. Section 54F of the Income Tax Act, 1961, allows a tax exemption on capital gains earned from selling a residential property, but only if certain...

Identification Of Accused In Court Is Substantive Evidence, Mandatory Even If Witness Personally Knows Accused: Kerala High Court

The Kerala High Court has set aside the conviction of three men for criminal trespass and mischief by fire, noting that the trial court while recording the deposition of prosecution witnesses did not record that the witnesses had identified the men in court nor did the prosecutor pose questions to the witnesses for identification. It was alleged that the accused, in furtherance of their...

Corrections Made In Basic Tax Register After Re-Survey Prior To Enactment Of Paddy Land & Wetland Act Are Valid: Kerala High Court

The Kerala High Court held that corrections made in the Basic Tax Register (BTR) pursuant to re-surveys conducted prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008, are valid and do not require compliance with Section 27 A of the Act.For context, Section 27 A of the Act prescribes that if any owner of an unnotified land desires to utilise such land...

Kerala High Court Orders Erasure Of Case Records Relating To Man Acquitted Of Offence Committed As Minor

The Kerala High Court recently directed the state government, the Director General of Police and the Station House Officers (SHO) to erase all police records and details before the Juvenile Justice Board in a case where a minor was the accused.Justice Shoba Annamma Eapen was considering a plea by a man for erasure of all records relating to the case in which he was arrayed as the 5th accused...

S.473 CrPC | Extension Of Limitation Must Be Upon Satisfactory Explanation Of Delay, Not Merely 'In Interest Of Justice': Kerala High Court

The Kerala High Court recently held that a court cannot extend period of limitation for prosecution of cases merely by stating that it is necessary in the interests of justice. Instead, the court has to be satisfied that delay has been properly explained before allowing an application for extending limitation period under Section 473 of the CrPC.Section 473 of the Code of Criminal...