Kerala High Court
Customs Cannot Rely On S.122A To Deny Personal Hearing Mandatory U/S 28(8) Of Customs Act: Kerala High Court
The Kerala High Court stated that customs cannot rely on Sec. 122A to deny personal hearing mandatory under Section 28(8) of the Customs Act. Justice Ziyad Rahman A.A. after analysing Section 28(8) of the Customs Act observed that it is evident that, as far as personal hearing is concerned, it is made mandatory as per the provision. Since this is a special provision deals with the...
Photo Of 'Rowdy' Not Displayed In Police Stations To Protect Their Right To Privacy: Kerala High Court
The Kerala High Court recently observed that once a rowdy sheet/list is opened against a person it is not displayed in the premises of the police station but is actually kept in a secure area which is accessible only to police officials to ensure that "criminal's right to privacy" is not infringed. Justice P.V. Kunhikrishnan made the observations in his order while directing the removal of...
Present Law Intends To Prohibit Ragging Both On And Off Campus, Committee Drafting Amendments Should Factor This In: Kerala High Court
The Kerala High Court today (July 03) asked the Working Committee, constituted to give suggestions for amendments to the Kerala Prohibition of Ragging Act 1998, to keep in mind the legislature's intention to prohibit ragging both within and outside the campus of an educational institution.While the word 'educational institution' itself is not defined under the Act, the Special Bench of...
'Once A Rowdy Need Not Always Be A Rowdy': Kerala High Court Orders Removal Of Man's Name With 8-Year Clean Record From List
The Kerala High Court has recently directed the removal of the name of a person from the rowdy list of Fort Kochi Police Station since he has not been involved in any criminal activity for the past 8 years.Justice P.V. Kunhikrishnan cited that reformation is the main goal of Indian criminal jurisprudence and hence, a person on the path of reformation need not be retained in the rowdy list of...
Kerala High Court Objects To Kochi Municipal Corporation Projecting Steps Taken Under Statutory Duty As Judicial Command, Seeks Secy's Response
The Kerala High Court on Thursday (July 03) came down heavily on the Kochi Municipal Corporation for not issuing proper notices of cancellation of occupancy certificate to entities responsible for polluting the Thevara-Perandoor Canal.The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji noted that the notices issued by the Corporation suffer from fundamental errors...
Kerala High Court Reserves Judgment On ED Official's Bail Plea In Bribery Case, Extends Interim Protection From Arrest
The Kerala High Court has reserved its verdict in the bail application preferred by a senior official of the Enforcement Directorate (ED), who was arrayed as an accused in a bribery case registered by the Vigilance.Today (July 03), when the case came up for consideration, the counsel for the ED official submitted that he has been currently transferred to Shillong but that he is ready to...
Trial Court Can Grant Specific Performance Even Without Separate Prayer For Declaration Of Termination Of Contract: Kerala High Court
The Kerala High Court has recently answered the question of whether a trial court can grant a decree of specific performance when it has not made a declaration that termination of agreement was not binding on the defendant in the suit.The Court has held that in suits for specific performance, if the defendant did not specifically terminate a sale agreement but went on to extend the time...
Kerala High Court To Watch Suresh Gopi Film Before Deciding CBFC Objection To Name 'Janaki' In Title
The Kerala High Court has decided to watch Malayalam film 'Janaki v. State of Kerala' starring State Union Minister Suresh Gopi, before deciding the production's plea for certification.CBFC's Revising Committee has withheld the film's approval citing issue with usage of name 'Janaki' to portray a rape survivor. Meanwhile, the production has filed another petition challenging the...
No Right To Reinstatement Of Customs Broker License After Breach Of Trust With Customs Department: Kerala High Court
The Kerala High Court stated that no right to reinstatement of customs broker license after breach of trust with customs department. Justices A.K. Jayasankaran Nambiar and P.M. Manoj stated that “…..the relationship between the Customs Department and the Customs Broker appointed in terms of the Regulations is essentially one of trust. Once that trust is broken, and the Customs...
'Arrest Cannot Be Mechanical, Dignity Must Be Recognised': Kerala HC Orally Remarks In Suo Motu Case On Conflict Between Lawyers & Police
The Kerala High Court has orally observed that arrest by the police cannot be a mechanical process, and that the police must take into account the circumstances in which an arrest in made, and maintain the dignity of individuals.Earlier, the court had constituted a committee to formulate guidelines to address the issue of conflicts between police and lawyers in the court premises. During the...
Kerala High Court Disposes Of Plea Seeking CBI Probe Into Alleged Karuvannur Bank Scam, Notes Ongoing Proceedings Before Trial Courts
The Kerala High Court has disposed of the writ petition that sought investigation by the Central Bureau of Investigation (CBI) into the Karavannur Bank Scam case.The writ petition was filed by a former employee of the bank seeking a CBI investigation into the alleged 100-crore bank fraud uncovered in Thrissur's Karuvannur Co-operative Bank. The petitioner sought CBI investigation as many...
Ragging | UGC Regulations Not Enough; Stringent Law With Severe Punishments Needed : Kerala High Court
The Kerala High Court had recently observed that the State must frame stringent anti-ragging law with severe punishments for ragging in educational institutions. The Court opined that though the UGC Regulations are stringent, they are not enough to completely curb the practice of ragging.The observation was made by Justice D.K. Singh while disposing of two writ petitions, which were filed by...