Kerala High Court
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...
Temple Managed By Trust, Administrator Appointed By HC: Kerala High Court Declines Plea To Let Devaswom Board Take Charge Of Oachira Temple
The Kerala High Court dismissed a petition filed by a devotee of Oachira Parabhrama Temple seeking Court direct the Travancore Devaswom Temple to assume administration of the temple.The Temple, as of now, is under the management of the Oachira Parabrahma Trust. A suit was filed before the Additional District Court – I, Kollam for framing a scheme for the administration of the temple....
Lok Adalats Don't Have Inherent Power Of Review On Merits U/S 22D Legal Services Authorities Act: Kerala High Court
While hearing a Writ Petition before it, the Kerala High Court held that Section 22D of the Legal Services Authorities Act, 1987 does not grant the power of review on merits to Permanent Lok Adalats established under the Act.The Writ Petition was preferred challenging the decision of the Lok Adalat, which found that it does not have the power of review under Section 22D of the Act to...
S.70 BSA Cannot Dilute Mandatory Provisions For Proving A 'Will' Laid Down U/S 63(c) Indian Succession Act: Kerala High Court
The Kerala High Court has held that the aiding provision of Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 or the corresponding Section 71 of the Indian Evidence Act cannot be resorted to by the propounder of a Will by diluting the mandatory provisions under Section 63(c) of the Indian Succession Act.Justice M.A. Abdul Hakim clarified the position of law while hearing a second appeal...
CIC Appointed Prior To 2019 RTI Amendment Act Entitled To Pensionary Benefits Equivalent To Retired Supreme Court Judge: Kerala High Court
The Kerala High Court quashed State Government's letter to the former State Chief Information Commissioner (SCIC) informing him that he cannot be given pensionary benefits equivalent to a retired Supreme Court Judge.The Principal Secretary had informed the former SCIC that the State was not in a position to consider the Chief Information Commissioner at par with the retired Supreme Court...
S.197 CrPC | Insulting SC Community Member, Fabricating Records Not 'Official Duty' Of Public Servant; Sanction Not Required: Kerala HC
The Kerala High Court refused to entertain a revision petition filed by a public servant seeking to quash a Special Court order framing charges against him under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, for want of prosecution.The Court upheld the order on the grounds that Section 197 CrPC sanction is not required since the allegations were not in...
Kerala High Court Orders Renewal Of Passport Despite Pending Interpol Red Corner Notice Against Applicant
The Kerala High Court recently ordered the re-issuance or renewal of passport against a person against whom red corner notice issued by the Interpol was pending.The petitioner had approached the High Court against the denial of the authorities in re-issuing/ renewing his passport. The petitioner in the case was convicted in Qatar in 2020. There is a red corner notice against him on account...
Kerala High Court Weekly Round-Up: May 5 – 11, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 261 - 268]Laju Cherian v Tara Laju and State of Kerala, 2025 LiveLaw (Ker) 261Trivandrum Apollo Towers Pvt. Ltd and Another v Union of India and Others, 2025 LiveLaw (Ker) 262Vaisakh A Nair v The Managing Director, KSRTC and Others, 2025 LiveLaw (Ker) 263Santhosh Varkey @ Arattanan v State of Kerala, 2025 LiveLaw (Ker) 264State of Kerala and Another...
Informing An Accused Person Reasons For Arrest Is A Constitutional Requirement, Arrest Is Vitiated Otherwise: Kerala HC
The Kerala High Court in a recent judgment reiterated that informing the person who is arrested is a constitutional requirement in light of Article 22(1) of the Constitution.“Sub-section (1) of Section 35 of BNSS list cases when police may arrest a person without a warrant. Section 47 clearly states that every police officer or other person arresting any person without a warrant shall...
Kerala High Court Affirms Govt Order Allotting Reservation For Persons With Disabilities In Govt-Aided Educational Institutions
The Kerala High Court recently held that there was no need to interfere with the Government order and circular regarding reservation for person with benchmark disabilities in the government-aided educational institutions.The State Government had in 2018 issued an order extending the benefit of reservation for people with benchmark disability as mentioned under Person with Disabilities...
Kerala High Court Issues Notification Postponing Kerala Judicial Service (Preliminary) Examination 2025
The Registrar of Kerala High Court has issued a notification today informing that the Kerala Judicial Service (Preliminary) Examination scheduled to be held on 18th May is postponed.The notification says that the notifications inviting application to the direct recruitment to the post of Civil Judge (Junior Division) in various vacancies (Recrutiment Numbers 1/ 2025, 2/2025, 3/2025, 4/2025...