Kerala High Court
Kerala High Court Directs RTA To Finalise Time Gap Norms For Stage Carriages Entering Kochi
The Kerala High Court has recently directed the Regional Transport Authority (RTA) to finalise the revision in timing in respect of the vehicles of the stage carriages entering Kochi city.Justice Viju Abraham gave the directions while considering a writ petition concerning bus timing in Kochi.The Court has previously urged the need to regulate bus timings in the State and directed the...
No Fresh Notification Required To Apply Rent Control Act In Panchayat Area Converted To Municipality: Kerala High Court Full Bench
The Kerala High Court has held that no fresh notification under Section 1(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is required to apply the Act, when a Panchayat Area is converted to Municipality.A Full Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Gopinath P and Justice G Girish was answering a reference which arose from conflicting Division...
Kerala High Court Extends Stay On Producer Shamnas' Cheating Case Against Actor Nivin Pauly
The Kerala High Court on Thursday (January 15) extended the interim stay granted in favour of actor Nivin Pauly and producer Abrid Shine in the cheating case initiated against them by producer P.S. Shamnas. Shamnas has alleged that they caused him an unlawful loss of ₹1.9 crore.When the case came up for consideration, counsel for Nivin and Abrid submitted before Justice C.S. Dias that they...
Kerala High Court Flags Failure Of K-SMART System For Removing Illegal Hoardings, Suggests WhatsApp-Based Complaint Model
The Kerala High Court on Thursday (15 January) flagged the failure of the K-SMART Grievance System for Removal of Illegal Hoarding. The Court has directed the authorities to adopt a WhatsApp-based system used by the Local Self Government Department in dealing with waste dumping.Justice Devan Ramachandran was considering a review in a plea against illegal and unauthorized flags and banners....
"Can Oath Be Taken In Name Of Living Persons Or Godmen?" Kerala High Court To Examine Validity Of Trivandrum Councillors' Oaths
The Kerala High Court on Thursday (15 January) issued notice on a writ petition challenging the oath taken by the Councillors of the Thiruvananthapuram Corporation in the name of various deities, martyrs and political movements.Justice P V Kunhikrishnan, has admitted the petition, observing that whether an oath can be taken in the name of "living person, teacher, god man", etc needs to...
Vigilance Court Can't Order Probe Into Private Complaint Against Public Servant Without Sanction Under PC Act: Kerala High Court
The Kerala High Court in a recent decision quashed an order made by the Special Judge (Vigilance) directing investigation into a complaint and the FIR registered against a public servant after noting that prior sanction as per Section 19 of the Prevention of Corruption Act was not received.Justice A. Badharudeen relegated the case back to the pre-cognizance stage and directed the Special Judge...
Unreliable Eyewitness Testimony, No Test Identification Parade: Kerala High Court Sets Aside Life Conviction After 7 Yrs
The Kerala High Court recently passed a judgment holding that non-conduct of test identification parade taken along with other vitiating factors would render as suspect the testimony of eyewitnesses.The Division Bench consisting of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed:“Although it is trite that an identification in a TI parade is not substantive...
Judge Can't Usurp Powers Of Prosecutor By Conducting Chief Examination: Kerala High Court Sets Aside Life Conviction After 14 Yrs Of Custody
The Kerala High Court has recently (12 January) observed that a judge cannot assume the role of a Public Prosecutor by usurping into the counsel's powers.The observation was made by a division bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar while setting aside the life sentence imposed on an accused convicted of murder, holding that the entire trial stood vitiated due to...
Kerala High Court Stays Transfer Of KSEB Lineman Allegedly Based On MLA's Complaint
The Kerala High Court on Wednesday (January 14) stayed the transfer of a KSEB lineman, who was ordered to be transferred from Pannikkode (Kozhikode) to Purang (Malappuram) based on a complaint alleged to have been made by Thiruvambady MLA, Linto Joseph.In his plea, the KSEB (Kerala State Electricity Board) lineman contended that he was transferred from this present station, where he has...
Petrol Pump Licence Automatically Stands Cancelled On Expiry Of Lease, No Hearing Required: Kerala High Court
The Kerala High Court recently clarified that as per the Petroleum Rules, 2002, when the licensee of a petroleum outlet loses the right to the site for storing petroleum due to expiry of lease period, the license gets automatically cancelled without any need for a formal order.Justice M.A. Abdul Hakhim observed that in such cases, license can be cancelled without granting an opportunity...
PIL In Kerala High Court Challenges State's 'Nava Kerala Citizens Response Programme' Alleging Misuse Of Public Funds
A Public Interest Litigation (PIL) has been filed before the Kerala High Court challenging the State government's proposed 'Nava Kerala Citizens Response Programme', alleging that the survey is a politically motivated exercise intended to benefit the ruling Left Democratic Front (LDF) ahead of the upcoming Assembly elections and amounts to a misuse of public funds and government...
Order VI Rule 17 CPC | Amendment Of Plaint Can't Be Permitted To Bypass Res-Judicata After Full Trial: Kerala High Court
The Kerala High Court has reaffirmed the limits of amendments to pleadings under Order VI Rule 17 of the Code of Civil Procedure, holding that a plaint cannot be amended after completion of evidence to introduce a claim that has already been decided on merits in an earlier suit between the same parties.The division bench comprising Justice Anil K Narendran and Justice G Girish, delivered...