Kerala High Court
Mass Drills In Temple Premises Not Permitted: Plea In Kerala High Court Against Alleged Illegal Encroachment By RSS Members, Notice Issued
The Kerala High Court today admitted a plea moved by devotees and nearby residents of Sree Rakthakanda Swamy Temple, Omallur in Pathanamthitta district alleging illegal encroachment and unauthorized use of temple and temple premises by the members of the Rashtriya Swayam Sevak Sangh (RSS) (Respondents 7 to 10).The Division Bench comprising Justice VG Arun and Justice S Manu admitted the matter and issued notice to the respondents. The Counsel appearing for the petitioners, Advocate...
'Remedy Is Election Petition': Kerala High Court Dismisses PIL Alleging Rajeev Chandrashekhar Filed False Affidavit Ahead Of Lok Sabha Polls
Ahead of the upcoming General elections, the Kerala High Court today dismissed a public interest litigation alleging that no action has been taken on the complaint that a false affidavit has been filed along with the nomination paper by BJP leader and Union Minister Rajeev Chandrashekar.The Bench comprising Justice V G Arun and Justice S. Manu refused to invoke the writ jurisdiction and said its hands are 'tied' as the election process has already commenced. It observed,“We are of the...
[Lok Sabha Elections] Screening Committee Can't Issue Blanket Directions For Surrender Of Licensed Arms: Kerala High Court
The Kerala High Court has directed the screening committee to review their order directing for the surrender of arms which were issued to licensed holders under the Arms Act.While allowing the petition, a single judge bench of Justice N. Nagaresh stated that “Unless the surrender of Arms is reasonably necessary in the light of the parameters provided by the Election Commission, there cannot be blanket directions to surrender Arms”.The petitioners, who were issued a license under the Arms Act to...
Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court
The Kerala High Court single bench of Justice G. Girish held that the exemption provided for under the proviso of Section 12(5) of the Arbitration and Conciliation Act applies only in cases where there is a waiver explicitly agreed upon in writing by the parties involved. Section 12(5) provides that any person having a relationship with the parties, counsel, or subject matter of...
Person Interested In Outcome Of Dispute Can't Appoint Arbitrator: Kerala High Court Nullifies Appointment Made By Kerala Government For Its Wholly Owned Undertaking
The Kerala High Court single bench of Justice G. Girish held that the appointment of a sole arbitrator by the Government of Kerala violated Section 12(5) of the Arbitration and Conciliation Act, 1996, as well as the precedent set by the Supreme Court in the Perkins Eastman case. The court held that the Government of Kerala being the holder of 99.99% of the equity shares...
[2024 General Elections] Plea In Kerala HC Alleges Minister Rajeev Chandrashekhar Filed False Affidavit, Suppressed Financial Assets While Filing Nomination
A public interest litigation has been moved before the Kerala High Court alleging that no action has been taken on the complaint that a false affidavit has been filed along with the nomination paper by BJP leader and Union Minister Rajeev Chandrashekar. The specific allegation was that Minister Rajeev Chandrashekar had suppressed his financial assets and misrepresented his income in the affidavit filed along with his nomination paper.Minister Rajeev Chandrashekar is the official BJP candidate...
Kerala High Court Weekly Round-Up: April 15 – April 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 244-255]Monson MC @ Monson Mavungal v. State of Kerala 2024 LiveLaw (Ker) 244Leric Reeches v Income Tax Officer 2024 LiveLaw (Ker) 245Sreekumar v. SK Valsalan and anr. 2024 LiveLaw (Ker) 246 Syama M. v. State of Kerala & Ors. 2024 LiveLaw (Ker) 247Nimesh and Anr. v. State of Kerala and ors. 2024 LiveLaw (Ker) 248 Faizal v State of Kerala 2024 LiveLaw (Ker) 249Syamkrishna KR and anr. v. State of Kerala and anr. 2024 LiveLaw (Ker) 250B...
[General Elections 2024] All Safety Measures Taken To Ensure Free And Fair Elections In All Constituencies Across India: ECI Tells Kerala High Court
The Election Commission of India filed a statement dated April 18, 2024 as an undertaking before the Kerala High Court stating that all safety measures and steps have been taken to ensure a free and fair election in all the parliamentary constituencies in India, including Vadakara parliamentary constituency.The statement was filed by the ECI in a writ petition filed by Advocate Praveen Kumar, the Chief Election Agent of Indian National Congress candidate Shafi Parambil alleging voter fraud at...
Privacy | Kerala High Court Lays Down Guidelines For DNA Test Of Children Born To Rape Victims And Given In Adoption
The Kerala High Court has held that DNA examination of children born to rape victims who are given in adoption may cause emotional imbalance and violate their right to privacy and hence, Courts shall not entertain DNA examinations of such children.Justice K Babu stated that DNA examination of adopted children would also defeat the sanctity of adoption and thus laid down the following guidelines: “(i) The Courts shall not entertain applications seeking DNA examination of children given in...
Validity Of Orders Not Tested On Basis Of Gain/Loss To Exchequer: Kerala HC Rejects Challenge To Govt Order Granting Preference In Tender Process To Labour Societies
The Kerala High Court has rejected a petition challenging the government orders that grant preference to labour contract societies, stating that the “focus of the executive order, though ultimately related to the award of the contract, is essentially a focus to promote community interest consistent with the policies of the welfare State. Therefore, individual contractors cannot claim parity...
Secured Creditor Can't Proceed Under SARFAESI Act Following Dismissal Of Civil Suit For Recovery On Merits: Kerala High Court
The Kerala High Court has held that a secured creditor cannot proceed with recovery measures under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act after it chose to file a civil suit seeking recovery of dues, which got dismissed.Justice Easwaran S. stated that the Bank cannot initiate recovery proceedings by ignoring the civil...
Court's Must State Reasons In Order Of Discharge; Cryptic & Non-Speaking Orders Are Not Sustainable: Kerala High Court
The Kerala High Court held that the order of dismissal of discharge should be a reasoned order and not cryptic.“As far as the legal position regarding the essentials of an order of discharge is well settled. While passing an order of discharge by allowing the same or dismissing the same the Courts must have to state reasons for passing such orders and an order without recording reasons in...