Kerala High Court
Kerala High Court Directs Formation Of Management Unit, Public Feedback Mechanism For Conservation Of Ashtamudi Wetland
The Kerala High Court on Tuesday (July 29) directed the State government and the State Wetland Authority to constitute a specific unit for the conversation of Ashtamudi Wetland, namely, Ashtamudi Wetland Management Unit. Ashtamudi Lake in Kollam district is Kerala's second-largest wetland ecosystem. It is designated as a wetland of international relevance under the Ramsar Convention on...
Newspaper Publication Can't Substitute Formal Service Of Dismissal Notice On Employee: Kerala High Court
Kerala High Court held that mere publication of a news item in a newspaper regarding a worker's dismissal does not amount to formal service of the dismissal order and hence does not trigger the limitation under section 2A(3) of the Industrial Disputes Act, 1947.Justice K Babu, clarified the legal interpretation of the limitation period under the Industrial Disputes Act while setting aside...
'Even One Pothole Can Be A Killer': Kerala High Court Slams Authorities Over Road Conditions And Reckless Driving, Calls For Accountability
The Kerala High Court has come down heavily on government authorities over the deteriorating condition of roads and the increasing number of accidents in the State, particularly those involving heavy vehicles and reckless driving.Justice Devan Ramachandran was hearing the matter, which was taken up following a mention by the amicus curiae last week, highlighting a “spate of accidents”...
S.223 BNSS | Accused Must Be Heard Before Magistrate Takes Cognizance Of Offence Based On Complaint: Kerala High Court
The Kerala High Court recently held that a magistrate must give an opportunity of hearing to the accused person before taking cognizance of an offence based on a complaint. The Court found that this is a mandate under the proviso to Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Justice Badharudeen observed:“Thus, the crucial aspect of Section 223(1) is the first...
Kerala High Court Recommends Centre To Amend Criminal Procedural Law, Special Statutes To Effectively Prosecute Dissolved Companies
In a case concerning prosecution of a dissolved company accused of cheating various nursing aspirants of over Rs 100 crore, the Kerala High Court recommended to the Parliament to amend the criminal procedural law and if need be special statutes, for effective prosecution of dissolved companies.Justice A. Badharudeen in his order observed that Section 70 of PMLA Act does not distinguish a...
TP Chandrasekharan Murder Case: Kerala High Court Denies Parole To Life Convict For Attending Newborn's Rice Feeding Ceremony
The Kerala High Court has declined the plea for emergency leave preferred by the wife of Sijith @ Annan Sijith, who is presently undergoing life imprisonment in the T.P. Chandrasekharan murder case.T P Chandrasekharan, who was a member of the Communist Party of India, Marxist [CPI (M)], formed a new political party called the Revolutionary Marxist Party (RMP). To wreck vengeance for the loss...
Senior Citizens Act | Kerala HC Expands Definition Of 'Children' To Include Daughter-In-Law, Allows Mother-In-Law To Live In Shared House
Dismissing a woman's plea against an order permitting her mother-in-law to reside in a portion of the shared family house, the Kerala High Court observed that a purposive interpretation should be given to the term "children" under Senior Citizens Act to also include "daughter-in-law", depending on the facts and circumstances. The dispute arose when the petitioner–daughter-in-law, and...
Kerala HC Tells Authorities To Process Registration Of Foreign Medical Graduates Who Took Compensatory Classes, Says Clerkship Can't Be Imposed
The Kerala High Court recently directed the Kerala State Medical Councils and the Director of Medical Education to process the registration applications of certain foreign medical graduates (FMGs) to join CMRI internship without mandating them to undergo compulsory 2 year "Clinical Clerkship Program".The petitioners were medical graduates who had joined the courses during 2017-18 period....
May Consider Ratifying Appointment Of Ex-Officio Secretary Who Appointed Dr Thomas Isaac As KKEM Advisor: State To Kerala HC
The Advocate General (AG) K. Gopalakrishna Kurup on Monday (July 28) told the Kerala High Court that the state government can consider passing a simplicitor order ratifying the appointment of the Ex-Officio Secretary who had signed the government order appointing former Finance Minister Dr. Thomas Isaac as advisor to the Kerala Knowledge Economy Mission (KKEM).The Division Bench of Chief...
Kerala High Court Grants Time To State To Finalise Comprehensive Guidelines On Dealing With Snakebites
The Kerala High Court on Monday (July 28) granted time to the state government to finalize comprehensive guidelines to tackle snake bites and its treatment. The division bench of Chief Justice Nitin Jamdar and Justice Shoba Annamma Eapen, were hearing a petition on the issue of basic health care in relation to snake bites, which arose after an incident involving snake bite to a student...
KVAT Act | Input-Tax Credit Can Be Availed If Purchaser Has Genuine Invoices Even If Seller Fails To Remit Tax: Kerala High Court
The Kerala High Court, overruling its earlier decision in C.P. Rasheed v. State of Kerala, has held that input tax credit can be availed under the Kerala Value Added Tax Act, 2003 if the purchaser has genuine tax invoices even if the seller fails to remit tax.The bench opined that “the input tax credit can be legitimately availed by the purchasing dealer under the Kerala Value Added...
'Humans & Animals Should Co-Exist': Kerala High Court To Constitute Interim Committee To Curb Stray Dog Attacks
The Kerala High Court on Monday (July 28) accepted State government's suggestion for the formation of an interim committee by the high court to look into and curb stray dog attacks in the State. The court further directed the State government to file an affidavit on the number of stray dog attacks in the State for the last year including the compensation paid to the victims.Justice C S Dias...