Latest Kerala Hc updates from LegalRepublic.in.
Justice Jobin Sebastian held that Section 94 of the BNSS cannot be used to compel an accused to produce a mobile phone said to hold incriminating material, because that would violate the protection against self-incrimination in Article 20(3).
Justice Murali Purushothaman held that the mere possibility of crime cannot justify curbing hours the State allowed under its liquor rules, that a Section 79 order lasts at most fifteen days, and that the police may act against noise only under Section 77 or the Noise Pollution Rules.
A Division Bench dismissed three petitions against the Kerala Administrative Tribunal, holding that the diploma or training in statistics with econometrics in the Planning Service rule applies to Economics postgraduates as well as Mathematics postgraduates. It also read a departmental relaxation as covering only the class of degree, and refused to treat a Ph
Deciding twelve VAT writ petitions together, Justice Bechu Kurian Thomas held that the right of appeal, and the fee it carries, vests when the assessing officer first questions a return, and that the 2016 notification raising the Legal Benefit Fund levy from 0.5% to 1% has no retrospective reach.
Justice A. Badharudeen set aside the Government's decision to appoint a Special Investigation Team to enquire instead of registering a case, and directed the Vigilance and Anti-Corruption Bureau to register an FIR forthwith.
Justices Anil K. Narendran and Muralee Krishna S. set aside a KAAPA detention, holding the Government acts in a dual capacity and must consider a representation independently without waiting for the Board.
Chief Justice Soumen Sen and Justice Syam Kumar V.M. upheld a KAAPA detention, rejecting the claim that illegible documents had denied the detenu an effective representation.
Justices Anil K. Narendran and Muralee Krishna S. set aside a PITNDPS Act detention for inordinate delay, while rejecting the argument that bail cancellation had to be tried first.
Justices Sathish Ninan and P. Krishna Kumar answered a suo motu reference by upholding Section 69 of the Indian Succession Act and rejecting the claim that it conflicts with Section 20.
Justice Mohammed Nias C.P. allows a contractor's appeal against the rejection of his claims, awarding interest at twelve per cent on four separate periods of delay in payment, with a further twelve per cent from the date of suit until realisation.
A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismisses four appeals by the Kerala State Waqf Board, holding that the Tribunal cannot be faulted for allowing interrogatories under Order XI Rule 1 where the Board claimed no privilege over the information sought.
A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismisses the State's petition under Article 227, holding that Rule 120 of Part III KSR does not absolutely bar arrears beyond three years and that no notice was issued under Rule 115 as it should have been.
A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. found the KAAPA order was issued casually, without proper application of mind or subjective satisfaction.
A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed a father's second petition against his son's detention under the PIT NDPS Act.
Justices Anil K. Narendran and Muralee Krishna S. hold that a direction merely to consider a representation cannot revive a stale claim, and that promotion claims affecting others attract laches.
Kerala abolished one of three recognised police associations and split its assets 60:40. Justice Bechu Kurian Thomas holds the right to form an association includes the right to continue it, and that the power to revoke recognition never lay with the Government.
Contractors on Jal Jeevan Mission water supply schemes said a separately priced supply item in the bill of quantities is a contract of its own, payable in full on delivery. A Division Bench has held that a line item is not a severable obligation.
For nineteen years Kerala courts have thrown out applications under Order IX Rule 7 as three years too late. Three judges have now held that no period of limitation applies at all, and that the 2007 decision which started it was wrong.
Dr. Justice Kauser Edappagath found custodial interrogation unnecessary and allowed pre-arrest bail with weekly reporting conditions to a 57-year-old advocate accused under the BNS.
The Kerala High Court held that a hospital's failure to obtain the statutory Form 9 consent cannot deprive a widow of access to her deceased husband's cryopreserved embryos for assisted reproduction.
The Kerala High Court set aside a Munsiff Court order that refused to number a John Doe injunction suit for non-compliance with Order VI Rule 14A of the CPC, holding the demand impossible to satisfy.
