Kerala High Court
Excise Officers Deputed To Inspect Private Distilleries Not Doing 'Additional' Duty, Must Be Given Full Pay By Distilleries: Kerala High Court
The Kerala High Court held that private distilleries are liable to pay full pay and allowances of the excise officers deployed to supervise the manufacturing of liquor and allied activities.The case only concerned those Inspectors deputed to supervise the distilleries who were given the additional charge of the Excise Inspector of the respective Excise Range. The Single Judge had earlier...
'I Want My Fundamental Right On MG Road' : Kerala High Court Directs Authorities To Keep Cochin City Ready To Face Monsoon
While hearing a Writ Petition, the Kerala High Court on Tuesday (May 20) emphasised on the importance of preparing the city of Ernakulam for the onset of the monsoon season.The Court noted that the onset of monsoon in Kerala presents a unique situation when inundation is expected.The Court also highlighted the importance of the restoration of footpaths in Ernakulam City, especially those in...
Prescribing Medicine Over Phone Is Not Criminal Negligence If Similar Course Of Action Would Be Taken By Other Medics: Kerala High Court
The Kerala High Court recently held that the action of a doctor, administering treatment over the telephone a patient, who later succumbed to his illness, would not amount to criminal negligence.Justice G. Girish passed the order in the Criminal Miscellaneous Case preferred by the doctor, who was charged under S. 304A of the Indian Penal Code, challenging the criminal proceedings...
'Criminal Law Seeks To Reform': Kerala High Court Questions Non-Publication Of 10th Standard Results Of Students Involved In Shahabas Murder Case
The Kerala High Court on Tuesday (20th May) enquired of the State about how it can delay publishing the 10th standard result of children allegedly involved in the murder of 15-year-old Shahabas.“How can you delay or deny publishing results?... Why should they even have to move the Child Rights Commission? Under what authority are you refusing to publish the results? Publishing the results...
'Unsustainable In Law, Non-Adherence To Procedure': Kerala High Court On Ex-Guv's Appointment Of VC To APJ Abdul Kalam Technological University
The Kerala High Court on Monday (19th May) held that the appointment of Dr. K. Sivaprasad by the former Governor Arif Mohammed Khan to the post of temporary Vice Chancellor of APJ Abdul Kalam Technological University was” not sustainable in law”. The appointment was made in November 2024 by the Governor who also holds the post of ex-officio Chancellor of the University. Justice Gopinath...
Can't Tolerate Experimentation In Litigation: Kerala High Court Raps Party For Filing Case Without Disclosing Earlier Matter Seeking Same Relief
The Kerala High Court recently imposed an exemplary cost of ₹20,000 against the petitioner in a Criminal Miscellaneous Case for filing a second Crl.M.C. through another counsel while the first one, seeking the same relief, was still pending before the Court.Justice S. Manu passed the order while hearing the first Crl.M.C. filed by the petitioner in the case. The Public Prosecutor informed...
Strict Distinction Between Residential And Non-Residential Areas Is Challenging In Era Of Rapid Urbanisation: Kerala High Court
While dismissing a plea against the alleged increased commercialization of a residential colony in Kochi, the Kerala High Court held that such strict distinction between residential and non-residential areas is increasingly challenging in the context of rapid urban development.Justice P. M. Manoj in his order observed: “In the context of globalization and rapid urban development,...
Kerala High Court Weekly Round-Up: May 12 – 18, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 269 - 278]Muhammed Rafsal v Union of India and Others,2025 LiveLaw (Ker) 269Vinson M. Paul v State of Kerala and Another, 2025 LiveLaw (Ker) 270V.T. Jinu & another v. State of Kerala & others, 2025 LiveLaw (Ker) 271Prakash Sankar v. BSNL and others, 2025 LiveLaw (Ker) 272P. Sankaran Namboothiri v. Kerala State Financial Enterprises Ltd....
S.6 Kerala Education Act | Appointment Of Manager Void If Property Of Aided School Is Alienated Without Govt Approval: High Court
The Kerala High Court recently found that the appointment of a manager by the owner after receiving title of property of an aided school was void under S. 6 of the Kerala Education Act since no previous permission was obtained from the government before obtaining the title.In a Writ Appeal preferred by the teachers of the said aided school, the Division Bench comprising of Justice A....
Order 11 Rule 1 CPC | Plea For Interrogatories Can't Be Used To Make Roving Inquiry, 'Test Of Prejudice' Will Decide Its Merit: Kerala High Court
The Kerala High Court has recently observed that a subsequent or second application seeking to deliver interrogatories to a party is not barred when there is a subsequent cause of action or changed circumstances.For context, interrogatories are written questions which one party can ask the other party to get clarity on facts, after taking permission from the court. Justice K Babu dismissed...
Public Information Officer Not Legally Bound To Start Investigative Process U/S 7 Of RTI Act: Kerala High Court
The Kerala High Court in a recent decision held that the Public Information Officer does not have any power or duty under section 7 of the Right to Information Act, 2005 to open up an investigation while processing and disposing RTI Applications.The judgment was passed by Justice N. Nagaresh while hearing a Writ Petition seeking a direction against the respondents to approve the appointment...
Service Law | Charge Memo Must Contain Date And Time Of Occurrence, Use Of Phrases Like 'On Many Occasions' Vague: Kerala High Court
The Kerala High Court recently held that it is not permissible to hold a departmental enquiry on vague charges that use words like 'on many occasions' and 'in almost all' in the memo of charge that is not brief, pointed or in clear terms.While hearing a Writ Petition challenging the departmental enquiry and dismissal of an employee of the KSFE, Justice P. M. Manoj held that charges should...