Kerala High Court
Kerala High Court Issues Fresh Notice To Former MLA PV Anvar In Plea Seeking CBI Inquiry Into Phone Tapping Allegations
The Kerala High Court has directed issuance of fresh notice to Former Nilambur Member of Legislative Assembly PV Anvar in a Writ Petition (Criminal) that sought CBI investigation into an alleged case of illegal phone tapping.The matter was listed today and was considered by Justice P.V. Kunhikrishnan. Advocate K.M. Firoz took notice for the former MLA, who is arrayed as the 13th respondent in...
Kerala High Court Stays Trial In Youth Congress Activist Shuhaib's Murder Case, Asks State To Consider Parents' Plea To Replace Public Prosecutor
The Kerala High Court on Wednesday (4th June) stayed the trial of the murder case of Youth Congress Activist, Shuhaib before the Additional Sessions Court III, Thalassery. The order was made by Justice P. V. Kunhikrishnan in a petition filed by Shuhaib's parents and the witnesses in the case to appoint a special prosecutor to conduct the trial.Shuhaib was hacked to death allegedly by...
Vessel Engaged Under SEAIOCM Agreement Qualifies As 'Foreign Going Vessel' For Exemption U/S 87 Of Customs Act: Kerala High Court
The Kerala High Court stated that vessel engaged under SEAIOCM agreement qualified as 'foreign going vessel' for exemption under section 87 Of Customs Act. The Bench consists of Justices A.K. Jayasankaran Nambiar and P.M. Manoj was addressing the issue of whether in the backdrop of the terms of engagement of the vessel under the SEAIOCM Agreement, the vessel can be categorized as...
Kerala High Court Upholds Strict Liability Of Elephant Owner, Handlers In Fatal Attack During Temple Procession
In a recent ruling, the Kerala High Court, presided over by Justice C. Pratheep Kumar, reaffirmed the principle of strict liability for owners and handlers of dangerous animals. The court held that they are fully responsible for any harm caused by such animals regardless of negligence or any provocation by third parties. This judgment followed a tragic incident during a temple procession in...
Import Of Inverter Component Without Photo-Voltaic Cell Not Eligible For Customs Duty Exemption: Kerala High Court
The Kerala High Court stated that import of inverter component without photo-voltaic cell not eligible for customs duty exemption. “Inasmuch as the import was only of the inverter component, without the photo-voltaic cell - a component that was essential for harnessing solar energy, which could then be routed through the inverter system for the supply of electrical energy to the...
Kerala High Court Upholds Right To Change Religion & Name In Educational Records Upon Conversion
The Kerala High Court has recently upheld an individual's right to change their religion under Article 25 of the Constitution of India and to have such changes reflected in educational records.The order was delivered by Justice D. K. Singh.BackgroundThe writ petition arose when the petitioner, Sudhin Krishna C.S., originally recorded as Mohammed Riyazudeen C.S. by his father in his...
Shahabas Murder Case: Kerala High Court Directs Observation Home To Allow Accused Juveniles To Be Admitted To School
The Kerala High Court on Wednesday (June 4) passed an order directing the Superintendent of Observation Home, Kozhikode to take steps to enable the accused juveniles (petitioners) in the Shahabas murder case to take admission in allotted schools.The Station House Officer (SHO) Thamarassery was also directed to provide adequate protection and assistance to the petitioners as well as...
Absence Of Formal Demand Notice For Property Tax During Pendency Of Litigation Does Not Absolve Assessee's Obligation To Pay: Kerala High Court
The Kerala High Court stated that absence of a formal demand notice for property tax during pendency of litigation does not absolve assessee's obligation to pay such tax. The Division Bench of Justices A.K. Jayasankaran Nambiar and P.M. Manoj stated that “The liability to pay the tax once assessed is on the assessee and in a situation where the assessee continuously pays the...
Guidelines Relating To Issuance Of Indian Passports Cannot Circumvent Passport Act & Rules: Kerala High Court
The Kerala High Court has held that the compendium of Instructions/Guidelines relating to the issue of Passports in India/Abroad cannot go against the provisions of the Passports Act, 1967 or the Rules thereon or any other instrument having the force of law.The judgment was passed by Justice Mohammed Nias C.P. while considering a writ petition before the Court. The petition was preferred for...
Wife Has Right To Live In Shared Household Even After Husband's Death: Kerala High Court
In a significant ruling reaffirming a woman's right to residence, the Kerala High Court has held that a wife cannot be ousted from her matrimonial home even after the death of her husband. The decision delivered by Justice M.B. Snehalatha underscores the right of a woman to live in a shared household, ensuring her safety and dignity despite familial opposition."One of the most...
TRAI And CCI Are Sectoral Regulators With Defined Jurisdictions, Any Overlap Will Not Oust Jurisdiction Of Either: Kerala High Court
The Kerala High Court recently passed a judgment clarifying the scope and jurisdiction of the Competition Commission of India (CCI) and the Telecom Regulatory Authority of India (TRAI).Justice D.K. Singh in his 142 page judgment laid down the position of law while hearing Writ Petitions stating an alleged 'conflict' of jurisdiction between the two regulatory bodies. The court observed that CCI...
'Will Give Wrong Message To Society': Kerala High Court Refuses To Stop Trial Against Man Who Allegedly Sent Death Threat To CM
The Kerala High Court recently refused to stop trial court proceedings against a person who allegedly sent a message to the Additional Private Secretary to the Chief Minister (CM) Pinarayi Vijayan, that he would kill the new CM on the eve of the declaration of the election results, noting that it will send a wrong message to the society.The petitioner had allegedly sent the message “I will...