Kerala High Court
Provision For Refund U/S 6 Of Kerala Motor Vehicles Act Only Applicable If Tax Paid In Advance, Vehicle Not Used: High Court
The Kerala High Court has clarified that the provision for refund under Section 6 of the Kerala Motor Vehicle Taxation Act, 1976 will only apply if the motor vehicle tax has been paid in advance for a vehicle. “A reading of Section 6 of the 1976 Act indicates beyond doubt that the provision for refund will apply only when the motor vehicle tax has been paid in advance for the period specified and the vehicle is not intended to be used during the whole of that period or a continuous part...
Investigating Officer Not Obliged To Exclusively Act On Expert's Opinion While Investigating Medical Negligence Cases: Kerala High Court
The Kerala High Court held that the investigating officer is not obliged to act exclusively based on the opinion of the 'District Level Expert Panel' and 'State Level Apex Body' for criminal investigation.Justice Devan Ramachandran observed that the investigating office could take additional expert opinion from any other source if he wishes to do so to complete the investigation. “ The Doctors cannot have any objection against the processes now put in place by the Government of Kerala through...
Prima Facie For Public Safety: Kerala High Court Declines To Stay Circular By Motor Vehicles Dept Imposing Stricter Conditions For Driving Tests
The Kerala High Court today declined to pass an interim order staying the implementation of the circular dated February 25, 2024 issued by the Transport Commissioner. The circular was issued by the Motor Vehicles Department prescribing additional conditions regarding the usage of vehicles for driving tests.Justice Kauser Edappagath declined to grant an interim order staying the implementation...
Prisoner Exempted From Appearing At Registration Office, Registrar Bound To Examine Him By Visiting Jail Or Issuing Commission: Kerala HC
The Kerala High Court held that a person in jail is exempted from appearing in person at the registration office for registration of any document as per Section 38 of the Registration Act, 1908.Justice Viju Abraham observed that the District Registrar is duty-bound to visit the jail where the convict is confined and examine him or issue a commission for his examination to complete...
Extending Benefits Of Better Terms Of Gratuity To Be Decided By Employer, Employee Cannot Claim It As Right: Kerala High Court
The Kerala High Court has held that extending benefits of better terms of gratuity has to be decided by the employer based on various factors and the employees cannot claim better terms of gratuity as a matter of right.The Court was considering whether retired employees of Kerala Minerals and Metals Ltd were entitled to get the benefit of the amendment dated 24.5.2010 to Section 4(3) of...
[Arbitration Act] Executing Court Cannot Review Or Add Payment Of Interest While Enforcing Foreign Award: Kerala High Court
The Kerala High Court was considering whether an executing court while enforcing an International arbitral award could direct payment of interest on the amount awarded from the date of the award till the date of payment, even when the award itself does not contemplate payment of any interest.Justice T R Ravi held that the executing court cannot add or review the foreign award for...
Kerala High Court Monthly Digest: April 2024 [Citations: 211-275]
Nominal Index [Citations: 2024 LiveLaw (Ker) 211 - 275]Anoop v. State of Kerala, 2024 LiveLaw (Ker) 211K M Habeeb Muhammed v The Managing Director, 2024 LiveLaw (Ker) 212Sister Annamma Mathai v State of Kerala, 2024 LiveLaw (Ker) 213Aynikkal Plantations Pvt. Ltd v State of Kerala, 2024 LiveLaw (Ker) 214Sheela v. Abdul Gafoor, 2024 LiveLaw (Ker) 215Anil Kumar and ors. v. State of Kerala,...
[Veterinary Student Death] Accused Students Being Probed By CBI Move Kerala High Court Seeking Bail
College students implicated as accused in the suicide of Sidharthan J S, a veterinary student, have approached the Kerala High Court seeking bail. Sidharthan was a second-year Bachelor of Veterinary Science and Animal Husbandry student at the College of Veterinary and Animal Sciences, Pookode in Wayanad who allegedly committed suicide on February 18, 2024, because of ragging and brutal...
Sanction To Prosecute Public Servant Issued After Reconsideration Of Evidence Can't Be Rejected Merely Due To Refusal Of Previous Sanction: Kerala HC
The Kerala High Court has stated that a sanction to prosecute public servants issued after reconsideration of the evidence submitted cannot be rejected on the grounds that the previous sanction was refused by the competent authority. “In the present case, the competent authority in the Government refused sanction to prosecute the public servant including accused No.2 which compelled...
[Coastal Zone Regulations] Kerala High Court Directs Authority To Only Consider Request For Construction Of Buildings After Approval Of 2023 Cadastral Map
The Kerala High Court directed the Kerala Coastal Zone Management Authority or other competent authorities to consider or reconsider the sanction request for the construction of buildings only after approval of the 2023 Cadastral Map by reducing the distance of 200 metres in CRZ- III to 50 metres. “As an upshot of my findings, I allow all other writ petitions, quash the impugned notices, in...
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...
'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...