National Highways Act | Only Disputes Which Cannot Be Decided By Competent Authority May Be Referred To Civil Court U/S 3H(4): Kerala HC

The Kerala High Court has recently clarified the meaning of the word 'dispute' falling under Section 3H(4) of the National Highways Act, 1956. The court was considering the nature of disputes that must be referred to a civil court by the Competent Authority under the NH Act.As per Section 3H(4), two types of disputes have to be referred to the civil court: disputes as to the apportionment...

Kerala HC Issues Notice On Plea Challenging Micro & Small Enterprise Facilitation Council Rules For Being Inconsistent With MSMED Act

A plea has been filed before the Kerala High Court challenging the Kerala Micro and Small Enterprises Facilitation Council Rules, 2023 for being inconsistent with Section 21 of the Central Micro, Small and Medium Enterprises Development Act, 2006.When the matter came for admission on Tuesday, Justice Mohammed Nias C.P. issued notice to the parties.The petition was filed by M/s Malabar...

Kerala High Court Empowers High-Level Committee To Oversee Pollution Control In Periyar River

The Kerala High Court has issued directions to address the persistent pollution of the Periyar River, while expressing dissatisfaction over the government's delay in constituting a unified authority for its conservation.The division bench of Justice Devan Ramachandran and Justice M B Snehalatha issued directions while considering a batch of petitions concerning the pollution of Periyar...

S.53A Abkari Act | Violation Of Procedure For Drawing Samples Of Contraband Vitiates Prosecution: Kerala High Court

The Kerala High Court has acquitted a man sentenced to rigorous imprisonment for four years over alleged possession and manufacture of arrack, citing the failure of the prosecution to establish possession or ownership of the property where the contraband was seized, along with non-compliance of Section 53A (Disposal of seized liquor, intoxicating drugs or articles) of the Abkari...

S.198B CrPC | Cognizance Of Rape U/S 376B IPC Can Be Taken Only Upon Complaint By Separated Wife, Not On Police Report: Kerala High Court

The Kerala High Court has recently quashed the criminal proceedings initiated against a man accused of raping his separated wife after noting that cognizance of offence under Section 376B IPC was not taken in accordance with Section 198B of the Code of Criminal Procedure.The court said that as per Section 198B CrPC, cognizance of offence under Section 376B IPC (Sexual intercourse by husband...

Kerala High Court Closes Suo Motu Case On Unauthorized Fundraising For Sabarimala Panchaloha Idol, Orders Police To Complete Probe

The Kerala High Court on Tuesday closed the suo motu proceedings initiated over the unauthorized collection of funds for installing a Panchaloha idol of Lord Ayyappa at the Sabarimala Sree Dharma Sastha Temple by a private individual. The Division Bench comprising Justice Raja Vijayaraghavan V and Justice K. V. Jayakumar held that no further orders were necessary after the Travancore...

IO Who Conducted Part Of Investigation Can Be Examined By Prosecution Despite Omission Of His Name In Final Report: Kerala High Court

The Kerala High Court recently passed a judgment directing the trial court to summon and examine as prosecution witness one of the investigating officers whose name was not included in the final report filed in a criminal trial.Justice G. Girish was considering an original petition filed by the accused on being aggrieved by the trial court's order denying his prayer to examine a...

S.528 BNSS | High Courts Can Exercise Inherent Jurisdiction To Permit Withdrawal Of Criminal Appeals Preferred By Convicts: Kerala High Court

The Kerala High Court recently permitted the withdrawal of two criminal appeals filed by convicts by exercising the inherent power available to it under Section 528 of Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 482 of Code of Criminal Procedure).Justice Gopinath P. clarified that such power to permit withdrawal of appeals is available only to the High Courts and not...

Kerala High Court Acquits Former Minister Neelalohithadasan Nadar In 1999 Sexual Harassment Case

The Kerala High Court has acquitted Dr. A. Neelalohithadasan Nadar, former Forest Minister of Kerala accused of outraging the modesty of a woman Indian Forest Service (IFS) officer.Dr. Justice Kauser Edappagath delivered the judgment on Monday, allowing the criminal revision petition filed by Dr. Nadar against his earlier conviction by the Judicial First Class Magistrate, Kozhikode, in...

Kerala High Court 'Strongly Deprecates' Removal Of Gold Coverings From Sabarimala Idols Without Permission, Lets Repair Work Continue

The Kerala High Court on Monday (September 15) passed an interim order permitting Smart Creations, a Chennai-based concern, to continue the repair works on the gold plating on the Dwarapalaka idols at Sabarimala temple and to return them immediately upon completion of the work.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo...

Kerala High Court Says Alappuzha School Flooding Likely Aggravated By 'Man-Made Factors', Orders Study To Devise Long-Term Measures

The Kerala High Court recently directed the state government to take action to address the issue of recurrent flooding in Kuttanad area of Alappuzha district. It directed that the action be taken based on the preliminary and detailed reports, which are to be submitted by the Chief Engineer after conducting a detailed study of the area.The direction was made by the Division Bench of Chief...

Kerala High Court Will Soon Use WhatsApp To Communicate Listing, Other Updates To Advocates & Litigants

The Kerala High Court has recently issued a notice informing about its decision to incorporate WhatsApp messaging as an additional feature in its Case Management System (CMS).The additional feature, which is set to start with effect from October 6 in a phased manner, would communicate information related to e-Filing defects, listing details, proceedings and other relevant updates....