Writ Petition Is Maintainable Despite Remedy Under IBC, If NCLT Order Is Passed In Violation Of Natural Justice: Kerala High Court

The present writ petition was filed seeking the quashing of an order passed by the NCLT, Kochi Bench. By that impugned order, the adjudicating authority has directed the resolution professional to reject the claim filed by the home buyers, including the petitioner. The corporate debtor, who is the builder and the landowner, entered into an agreement to construct the building named...

Kerala High Court Rejects Son's Plea Against Maintaining 100 Yrs Old Mother, Says Presence Of Other Children Not A Defence

The Kerala High Court recently held that presence of other children is not a valid defence against a mother's plea seeking maintenance from her son.Justice P.V. Kunhikrishnan dismissed a revision petition filed by the son challenging maintenance of Rs. 2000 granted by the Family Court to the 100-year-old mother.It refused to accept the argument of the petitioner that the mother (respondent 1)...

Kerala High Court Seeks Environment Ministry's Stand On Feasibility Of Ropeway To Sabarimala Through Periyar Tiger Reserve

The Kerala High Court on Friday (August 1) asked the Ministry of Environment, Forest and Climate Change (MoEFCC) to clarify its stand regarding the proposed ropeway from Hilltop to Sannidhanam (Sabarimala) via Pamba, Neelimala, Charalmedu and Marakoottam.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition regarding the...

Law Graduate Files PIL For Accountability In Dowry Complaints, Kerala High Court Seeks State's Stand On Publication Of Action Taken Data

A law graduate and public policy professional has moved the Kerala High Court seeking a direction to the State to bring in accountability regarding the complaints made pursuant to Rule 5 of the Kerala Dowry Prohibition Rules, 2004 and the action taken on the same.Rule 5 lays down the procedure for filing a complaint by the party, parent or relative before the regional dowry...

Kerala High Court Full Bench To Decide If Fresh Notification Needed To Apply Rent Control Act In Municipality Area Converted From Panchayat

The Kerala High Court on Thursday (July 31) constituted a Full Bench comprising Chief Justice Nitin Jamdar, Justice Gopinath P. and Justice G. Girish to consider the question whether a further Notification under Section 1(3) of the Kerala Buildings (Lease And Rent Control) Act, 1965 would be required if a Panchayat becomes a Municipality, to make the Act applicable to the area.The...

Illegal Hoardings: Kerala High Court Questions Lack Of Details On 'Unresolved Complaints' Lodged On K-Smart Portal, Seeks Audit Report

The Kerala High Court on Thursday expressed dissatisfaction over the audit report submitted in connection with public complaints registered through the K Smart platform, observing that the current submission fails to meet the standards previously set by the Court.For context, K-SMART or Kerala - Solution for Managing Administrative Reformation and Transformation is an e-governance platform...

Kerala University Registrar Approaches High Court Challenging Continued Suspension Despite Revocation By Syndicate

Prof. Dr. K.S. Anilkumar, the Registrar of the University of Kerala, has approached the High Court challenging his continued suspension despite a formal revocation of the same by the University Syndicate. The writ petition was filed seeking to quash several orders issued by the Vice Chancellor that prevented him from rejoining duty.Justice T R Ravi, admitted the matter and issued notice to...

Kerala High Court Directs Authorities To Take Immediate, Long-Term Measures To Prevent Flooding In Kuttanad Schools

The Kerala High Court on Thursday (July 31) directed the District Collector, Deputy Director of Education, Principal Agricultural officers, Tahsildars, Panchayat, Padasekhara Samithi and the Executive Engineer to take immediate action for resolving the issue of waterlogging in SNDP Higher Secondary School in Kuttanad district of Alappuzha.A division bench of Chief Justice Nitin Jamdar and...

To Curb Illegal Hill Extraction, Kerala High Court Directs NHAI To Mandate Display Of Permit Details, Redressal Contact In Project Area

The Kerala High Court on Wednesday (July 30) disposed of a PIL which sought a direction to the NHAI (National Highways Authority of India), MoEF (Ministry of Environment, Forest and Climate Change) and other authorities, to stop the unscientific and excessive soil extraction done in Chelannoor Village of Kozhikode in connection with the construction of National Highway from Kasargod...

Kerala High Court Stays Govt Order Allowing Euthanasia Of Stray Dogs; Stresses Need To Balance Human Rights & Animal Rights

The Kerala High Court has deferred the Government of Kerala's decision to implement euthanasia of stray dogs under the Prevention of Cruelty to Animals (Animal Husbandary Practice and Procedures) Rules, 2023.Justice C.S Dias, hearing a batch of writ petitions addressing the growing number of stray dog attacks in Kerala, issued a common order, staying clause 9 of the Government Order, which...

Plea In Kerala High Court Challenges Mandate Of GPS/ Tracking Devices In Heavy Vehicles

The partners of A2Z Motor Driving School have approached the Kerala High Court challenging Rule 151A of the Kerala Motor Vehicles Rules (KMV Rules), 1989 which mandates certain categories of vehicles with the exception of two-wheelers, e-rickshaws, three-wheelers, vehicles that do not require permit under under the Act, to be equipped with vehicle location tracking device (VLTD) and...

S.348 BNSS | Kerala High Court Refuses To Recall POCSO Victim For Further Examination To Change Evidence On Compromise

The Kerala High Court has recently held that the powers under Section 311 CrPC or corresponding Section 348 BNSS cannot be invoked to recall a POCSO or rape victim for further cross-examination for changing the evidence given during trial.Justice G. Girish reiterated the settled-position that the powers under Section 311 Cr.P.C. cannot be invoked in a routine manner, and can only be exercised...