Kerala High Court
NHAI Arbitration| Landowner Can Seek Appointment Of An Expert Commissioner To Determine True Value Of Property: Kerala High Court
The High Court of Kerala has held that a landowner dissatisfied with property categorization by Competent Authority for Land Acquisition (CALA) can request an Expert Commissioner's appointment to ascertain the property's actual value.The bench of Justice Viju Abraham held that an arbitrator cannot dismiss a landowner's application under Section 26 for an expert commissioner's appointment without considering their arguments, solely relying on the CALA report.Facts The petitioner's property was...
'Belated, Inconsistent Pleas': Kerala High Court Dismisses Review Petition Claiming Possession Over Govt Held Land After 70 Yrs
The Kerala High Court dismissed a review petition stating that a litigant cannot take inconsistent pleas before the Court without being vigilant of his rights.In the facts of the case, the petitioner has approached the High Court with a review petition against a judgment dated February 19, 2024, rendered in a writ petition of 2015 involving a property dispute. In review, he claims ownership over the disputed property using two additional documents as evidence. The Court held that the petitioner...
Kerala High Court Weekly Round-Up: April 22 – April 28, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 256-270]Cherian Varkey Construction Company (Pvt.) Ltd. and ors. v. State of Kerala and ors. 2024 LiveLaw Ker 256 Jasmin K v State Bank of India 2024 LiveLaw Ker 257Adv K Praveen Kumar v The Election Commission of India 2024 LiveLaw Ker 258Jose Joseph and ors. v. State of Kerala and ors. 2024 LiveLaw Ker 259 Thomas @ Manoj EJ v. Indu S 2024 LiveLaw...
Financial Activity Can't Glissade Into Situation Where Its Operations Become Impossible: Kerala HC Issues Directions On Status Of Nidhi Companies
The Kerala High Court recently held that any financial activity ought to be regulated reasonably within the ambit of law, and it cannot glissade into a situation where its operations become impossible, or are defeated by oppressive or impossible restrictions and regulations. The High Court held so while finding force in the apprehensions of the “Nidhi Companies” that amendment...
Co-operative Society Employees Entitled To Benefits Under Labour Welfare Legislations Like Minimum Wages Act, Maternity Benefit Act: Kerala HC
The Kerala High Court has held that employees working under the Kerala Co-operative Society Act are entitled to benefits under labour legislations- Kerala Shops and Commercial Establishments Act, 1960, the Minimum Wages Act, 1948, the Maternity Benefit Act, 1961 and the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958.Justice Murali Purushothaman stated that the...
Registration Authority Can't Insist For Fitting Of Sensors To Pneumatic Doors In Buses Used As Stage Carriages: Kerala High Court
The Kerala High Court has held that registration authorities should not insist on fitting of sensors to pneumatic doors in buses used as stage carriages since it is not mandated under Rule 280 of the Kerala Motor Vehicles Rules, 1989 and Chapter VI of the AIS-052 (Rev.1).Rule 280 of Kerala Motor Vehicles Rules deals with the entrance and exit of stage carriages and Clause 6.5 of AIS-052...
Kerala High Court Stays For 2 Months Cheruvally Estate Acquisition For Sabarimala Greenfield Airport
The Kerala High Court has ordered status quo for two months on acquisition of the Cheruvally Estate in Kottayam for construction and development of the Sabarimala Greenfield Airport.Justice Viju Abraham passed the interim order in a petition filed by the estate's owner Ayana Charitable Trust and its managing trustee, opposing the government notification under Section 11(1) of the Right to...
'Not Rarest Of Rare': Kerala High Court Refuses To Impose Death Sentence On UP Native Narendra Kumar For Triple Murder
The Kerala High Court has declined to impose death sentence upon Narendra Kumar, a native of Uttar Pradesh convicted for committing triple murders in Kottayam on May 17, 2015.He was convicted under Section 302 IPC and sentenced to the death for the brutal murder of his employer Praveenlal and his parents Lalasan and Prasannakumari.The Division Bench comprising Justice A.K. Jayasankaran...
Justice MB Snehalatha Sworn-In As Additional Judge Of Kerala High Court
Justice MB Snehalatha was sworn in as an additional judge of the Kerala High Court today. The oath of office was administered by Chief Justice A J Desai. Speakers at the occasion included AG Gopalakrishna Kurup and the KHCAA President.The Supreme Court collegium had recommended her elevation in October 2023 and the Central government notified her appointment in April 2024.Born on May 31, 1964...
[Veterinary Student Death] Evidence Suggests Maladministration, Dereliction Of Duty: Kerala HC Declines To Interfere With Suspension Of VC For Fair Inquiry
The Kerala High Court today dismissed the writ petition filed by Dr. M. R. Saseendranath, Vice Chancellor of Kerala Veterinary and Animal Science University, challenging the suspension order issued against him by the Chancellor pending inquiry.Dr Saseendranath was suspended pending enquiry on grounds of dereliction of duty and lack of sincerity over the suicide of Sidharthan J S, a...
Mohiniyattam Performer Booked For Alleged Casteist Remarks Against Fellow Artist Moves Kerala High Court Against Refusal Of Pre-Arrest Bail
Mohiniyattam performer Kalamandalam Sathyabhama has preferred an appeal before the Kerala High Court against the dismissal of her anticipatory bail application by the Special Court for Trial of offences under SC/ST Act, for allegedly making casteist remarks against fellow artist Dr. RLV Ramakrishnan."The learned Public Prosecutor will instruct the investigating officer to give notice to...
Kerala High Court Quarterly Digest: January To March, 2024 [Citations 1 - 210]
Nominal Index Citations [2023 LiveLaw (Ker) 1-210]Union of India & Ors. v. P.K. Santhosh Kumar, 2024 LiveLaw (Ker) 1P C Najeeb v State of Kerala, 2024 LiveLaw (Ker) 2George Mathew v. State of Kerala, 2024 LiveLaw (Ker) 3XXX v State of Kerala, 2024 LiveLaw (Ker) 4Ranjith Kumar K.V. & Ors. v. State of Kerala & Ors., 2024 LiveLaw (Ker) 5X v Y, 2024 LiveLaw (Ker) 6Thazheveettil...