Customs Department Can't Invoke Expired Bank Guarantees: Kerala High Court

The Kerala High Court stated that invocation of the expired bank guarantees by Customs Department is not permissible under law. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. was addressing the issue of whether customs department can invoke expired bank guarantees. The assessee/appellant has filed an appeal challenging the order of Single Judge who...

Kerala High Court Condemns Panchayat For Continuing Third Round Of Litigation Over ₹50K, Points Litigation Cost Being Paid From Public Fund

The Kerala High Court criticised a Grama Panchayat for engaging in third round of litigation over an amount of rupees fifty thousand.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu observed that public funds were utilized for pursuing litigations and emphasized the need to know when to put an end to it. Court said, “Considering the fact that the costs of the litigation...

[Motor Accident Claims] Dependency Does Not Always Mean Financial Dependency: Kerala HC Upholds Compensation For Father & Siblings Of Deceased

The Kerala High Court observed that the father and the younger siblings of the deceased are also entitled to compensation under the head of loss of dependency over the death of the deceased, who was only 26 years old at time of the motor vehicle accident.While upholding the finding of the Tribunal in awarding compensation to the father and siblings of the deceased, Justice Jobin...

Effective Laws Needed To Combat Cyber Bullying In Age Of Social Media But Even Newly Enacted BNS Failed To Address It: Kerala High Court

The Kerala High Court has expressed concerns over the absence of legal provisions to effectively combat cyberbullying and online harassment and remarked that cyberbullying in the form of abusive remarks or derogatory content towards others is inadequately being addressed through the current legal framework. Noting that even the recently enacted Bhartiya Nyaya Sanhita 2023 has no direct...

[Motor Accident Claims] Compensation For Deceased Working Abroad Should Be Calculated At Exchange Rate Prevailing On Date Of Filing Petition: Kerala HC

The Kerala High Court ruled that while calculating compensation for a deceased individual who was working abroad, the Motor Accidents Claim Tribunal should determine the compensation based on the exchange rate prevailing at the date of filing the petition, rather than the exchange rate on the date of the accident.The High Court was considering an appeal against the Tribunal's order...

Integration Of Armed Reserve, Police Battalion Into Common Civil Police Cadre Doesn't Override Statutory Effect Of Special Rules: Kerala HC

The Kerala High Court has held that an executive order integrating Armed Reserve and the Armed Police Battalion into a common cadre called Kerala Civil Police, shall not override the statutory effect of the Kerala Police Subordinate Service Rules (Special Rules) and its subsequent 2017 amendment.The court passed the order in a plea challenging the administrative tribunal's order which...

No Loan Waiver For Wayanad Landslide Victims, Will Grant 1-Year Moratorium And Charge Interest: Says Centre; Kerala HC Expresses Dissatisfaction

The Kerala High Court on Wednesday (26th March) expressed dissatisfaction with the Central government's stand to not waive loans taken by the victims of Wayanad landslide.A division bench comprising Justice AK Jayasankaran Nambiar and Justice Easwaran S. orally observed that the Centre has on many occasions waived loans, and it cannot claim to be powerless when it comes to the affected...

Officer Relinquishing Right To Be Appointed To A Post Based On Seniority, Can't Later Claim To Be Senior To Those Superseding Him: Kerala HC

The Kerala High Court has said that if a person who is eligible to be placed to any other grade/post/cadre or service based on "seniority or such other criteria" relinquishes such a "right" in writing, he cannot change his stance later to say that he should be considered senior to those who have been placed on such a position that he had relinquished. A division bench of Justice A....

Three-Day Absence During COVID Lockdown Not Justification For Compulsory Retirement; Kerala HC Reinstates Railway Employee With Full Benefits

Kerala High Court: A Division Bench comprising Justice Amit Rawal and Justice K.V. Jayakumar set aside the compulsory retirement of a Railway employee. As the only misconduct was unauthorized absence for three days during the pandemic, the court found the punishment to be grossly disproportionate. The court directed his immediate reinstatement with all consequential benefits, and ruled...

Certificate U/S 65B Evidence Act Mandatory To Admit Electronic Evidence, Expert's Report U/S 293 CrPC Not Its Substitute: Kerala High Court

The Kerala High Court has held that the report of a government expert obtained under Section 293 of the CrPC cannot be considered as a formal substitute for a certificate under Section 65B of the Evidence Act which is used to prove the validity of electronic evidence. The Court stated that expert report under Section 293 of CrPC only analyses the evidence and that does not automatically makes...

S.35(3) BNSS | 'What Power Do You Have?': Kerala HC Orally Reprimands Sub-Inspector For Summoning Accused's Lawyer For Questioning In Probe

The Kerala High Court on Tuesday (March 25) orally reprimanded a Sub-Inspector of Police for issuing a notice under Section 35(3) of the BNSS to the lawyer of the accused, summoning him for investigation involving the latter's clients. Section 35(3) states that the police officer shall, in all cases where the arrest of a person is not required under Section 35(1), issue a notice directing...

Tenant Ordered To Pay Enhanced Rent Can't Be Burdened With Substantial Arrears Due To Delay In Proceedings: Kerala HC Calls For Reasonable Installments

The Kerala High Court observed that a tenant who is ordered to pay enhanced fair rent to the landlord cannot be burdened with the payment of a substantial amount in arrears due to delay in the completion of judicial proceedings.The Court referred to the decision in Irvin John Jayarajan and Others v. Madhavi alias Narayani Amma (2022) held that the time limit of four months prescribed...