Kerala High Court
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 the registration process. “Going by Section 38 of the Act 1908, a person who is in jail is exempted from appearing...
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 the Payment of Gratuity Act, increasing the ceiling limit from Rs.3.5 lakhs to Rs.10 lakhs.Justice M A...
[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...
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...