NDPS Act | Kerala High Court Grants Bail To Tanzanian Nationals, Cites Lack Of Materials Connected To Offence Except Financial Transaction

The Kerala High Court recently granted bail to two Tanzania nationals, who are accused under the NDPS Act after noting that they have no criminal antecedents and that the only material produced by prosecution in the Final Report to connect them with the offence was financial transaction.Justice Bechu Kurian Thomas found that the rigour under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act were diluted in the said circumstances. The grounds of arrest were not communicated...

Fresh Arbitration Notice is Mandatory For Second Round Of Arbitration After Earlier Award Is Set Aside: Kerala High Court

The Kerala High Court has held that a fresh arbitration notice under section 21 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is mandatory for initiating a second round of arbitral proceedings after an earlier arbitral award has been set aside even when the award was declared as a nullity due to invalid appointment of the arbitrator. Justice S. Manu while...

Sabarimala Greenfield Airport: Kerala High Court Sets Aside Land Acquisition Steps For Non-Compliance With 2013 Act Safeguards

The Kerala High Court recently set aside the government's preliminary notification and other steps taken for acquiring 2570 acres of the land for the Sabarimala Greenfield Project.Justice C. Jayachandran allowed the writ petition preferred by the Ayana Charitable Trust and its Managing Trustee challenging the notification as well as the Social Impact Assessment report, Expert Group...

Levy Of Service Tax On 'Access To Amusement Facilities' Unconstitutional: Kerala High Court

The Kerala High Court held that the levy of service tax on 'access to amusement facilities' is unconstitutional, as the entire activity squarely falls within the State's taxing power under Entry 62 of List II (entertainments and amusements) of the Constitution of India.Justices A. Muhamed Mustaque and Harisankar V. Menon stated that the provisions of the Entertainments Tax Act also seek to...

Customs Act | Penalty Cannot Be Sustained Solely On S. 108 Statements Without Compliance Of S. 138B: Kerala High Court

The Kerala High Court held that statements recorded under S. 108 of the Customs Act cannot form the basis for imposing penalties unless the mandatory procedural safeguards under Section 138B are complied with.Justices A. Muhamed Mustaque and Harisankar V. Menon opined that Section 138B is essentially in the form of a procedural safeguard regarding the admission of statements under Section 108...

Elappully Brewery Case: Kerala High Court Quashes Govt Order Granting Preliminary Sanction To Private Company To Set Up Ethanol Plant

The Kerala High Court on Friday (December 19) quashed the government order that gave preliminary sanction to M/s Oasis Commercial Pvt. Ltd. to set up a brewery plant in Palakkad's Elappully grama panchayat.The Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar today allowed a batch of public interest litigations filed by the residents of Elappully. The Bench found that...

Kerala High Court Directs Suchithwa Mission To Frame Sustainable Sanitation Plan For Chottanikkara Temple

The Kerala High Court on Wednesday (17 December) directed the Suchithwa Mission, the State's nodal agency for sanitation and waste management, to play a proactive role in restoring and maintaining cleanliness at the Chottanikkara Bhagavathi Temple, following serious concerns over environmental and public health issues in and around the temple premisesA Division Bench comprising Justice...

'Left Alone To Endure An Unspeakable Destiny': Kerala High Court Flags Systemic Failure In Handling Of Deported Indian Citizen

The Kerala High Court has expressed concern over the manner in which the authorities have handled Suraj Lama, an Indian citizen deported from Kuwait who allegedly went missing after landing at Kochi International Airport.A Division Bench comprising Justice Devan Ramachandran and Justice M B Snehalatha, while considering a habeas corpus petition filed by the son of the missing person observed...

Masala Bonds Case: Kerala High Court Reserves Verdict On ED's Appeal Against Stay Of Show Cause Notice To KIIFB

The Kerala High Court on Friday (19 December) reserved judgment in an appeal preferred by the Enforcement Directorate against a Single judge's interim order staying the show cause notice issued against Kerala Infrastructure Investment Fund Board (KIIFB) under the Foreign Exchange Management Act, 1999 (FEMA), relating to the utilisation of funds raised through masala bond.The Division...

Sabarimala Gold Theft: Kerala High Court Denies Bail To Ex-Devaswom Board Officials

The Kerala High Court on Friday (December 19) dismissed the bail applications preferred by former Travancore Devaswom Board officials Murari Babu, N. Vasu, and K.S. Baiju who are arrayed in the cases relating to misappropriation of gold from Sabarimala temple.Justice A. Badharudeen passed the order today. Murari Babu is the former Administrative Officer of the TDB and was suspended from the...

Actress Rape Case: Two Convicts Move Kerala High Court Challenging Sessions Court Verdict, Seek Suspension Of Sentence

Two of the convicts in the actress rape case have moved the Kerala High Court challenging the conviction and sentences passed against them by the Principal District and Sessions Court, Ernakulam.The appeals are moved by Saleem H. @ Vadival Salim and Pradeep who were arrayed as the 5th and 6th accused in the case.The Sessions Court had found them guilty of the offences under Sections 109,...

Justice Nisha Banu Takes Oath As Kerala High Court Judge

Justice J Nisha Banu, who was transferred to the Kerala High Court from Madras High Court in October, has sworn in as a Judge of the Kerala High Court on December 19.After the Registrar General read the notification transferring the Justice Banu to Kerala High Court, Chief Justice Nitin Jamdar, Chief Justice of Kerala High Court administered the oath of office to Justice Banu. Though the...