Lok Adalats Don't Have Inherent Power Of Review On Merits U/S 22D Legal Services Authorities Act: Kerala High Court

While hearing a Writ Petition before it, the Kerala High Court held that Section 22D of the Legal Services Authorities Act, 1987 does not grant the power of review on merits to Permanent Lok Adalats established under the Act.The Writ Petition was preferred challenging the decision of the Lok Adalat, which found that it does not have the power of review under Section 22D of the Act to reassess evidence already appreciated and concluded.Justice Mohammed Nias C.P. refused to concur with the...

S.70 BSA Cannot Dilute Mandatory Provisions For Proving A 'Will' Laid Down U/S 63(c) Indian Succession Act: Kerala High Court

The Kerala High Court has held that the aiding provision of Section 70 of the Bharatiya Sakshya Adhiniyam, 2023 or the corresponding Section 71 of the Indian Evidence Act cannot be resorted to by the propounder of a Will by diluting the mandatory provisions under Section 63(c) of the Indian Succession Act.Justice M.A. Abdul Hakim clarified the position of law while hearing a second appeal and observed that:“When one of the attesting witnesses is examined, and he denies or does not recollect the...

CIC Appointed Prior To 2019 RTI Amendment Act Entitled To Pensionary Benefits Equivalent To Retired Supreme Court Judge: Kerala High Court

The Kerala High Court quashed State Government's letter to the former State Chief Information Commissioner (SCIC) informing him that he cannot be given pensionary benefits equivalent to a retired Supreme Court Judge.The Principal Secretary had informed the former SCIC that the State was not in a position to consider the Chief Information Commissioner at par with the retired Supreme Court Judge and retired Election Commissioners and that the Central Government had stated that the Election...

S.197 CrPC | Insulting SC Community Member, Fabricating Records Not 'Official Duty' Of Public Servant; Sanction Not Required: Kerala HC

The Kerala High Court refused to entertain a revision petition filed by a public servant seeking to quash a Special Court order framing charges against him under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, for want of prosecution.The Court upheld the order on the grounds that Section 197 CrPC sanction is not required since the allegations were not in...

Kerala High Court Orders Renewal Of Passport Despite Pending Interpol Red Corner Notice Against Applicant

The Kerala High Court recently ordered the re-issuance or renewal of passport against a person against whom red corner notice issued by the Interpol was pending.The petitioner had approached the High Court against the denial of the authorities in re-issuing/ renewing his passport. The petitioner in the case was convicted in Qatar in 2020. There is a red corner notice against him on account...

Kerala High Court Weekly Round-Up: May 5 – 11, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 261 - 268]Laju Cherian v Tara Laju and State of Kerala, 2025 LiveLaw (Ker) 261Trivandrum Apollo Towers Pvt. Ltd and Another v Union of India and Others, 2025 LiveLaw (Ker) 262Vaisakh A Nair v The Managing Director, KSRTC and Others, 2025 LiveLaw (Ker) 263Santhosh Varkey @ Arattanan v State of Kerala, 2025 LiveLaw (Ker) 264State of Kerala and Another...

Informing An Accused Person Reasons For Arrest Is A Constitutional Requirement, Arrest Is Vitiated Otherwise: Kerala HC

The Kerala High Court in a recent judgment reiterated that informing the person who is arrested is a constitutional requirement in light of Article 22(1) of the Constitution.“Sub-section (1) of Section 35 of BNSS list cases when police may arrest a person without a warrant. Section 47 clearly states that every police officer or other person arresting any person without a warrant shall...

Kerala High Court Affirms Govt Order Allotting Reservation For Persons With Disabilities In Govt-Aided Educational Institutions

The Kerala High Court recently held that there was no need to interfere with the Government order and circular regarding reservation for person with benchmark disabilities in the government-aided educational institutions.The State Government had in 2018 issued an order extending the benefit of reservation for people with benchmark disability as mentioned under Person with Disabilities...

Kerala High Court Issues Notification Postponing Kerala Judicial Service (Preliminary) Examination 2025

The Registrar of Kerala High Court has issued a notification today informing that the Kerala Judicial Service (Preliminary) Examination scheduled to be held on 18th May is postponed.The notification says that the notifications inviting application to the direct recruitment to the post of Civil Judge (Junior Division) in various vacancies (Recrutiment Numbers 1/ 2025, 2/2025, 3/2025, 4/2025...

Info Which Though Not In Possession But Can Be Accessed By Co-Operative Society Registrar Can Be Sought Under RTI: Kerala High Court

The Kerala High Court has said that information which can be accessed by the Registrar of the Co-operative Society is also an information which can be sought through a Right To Information (RTI) Application.The RTI applicant had sought from the Registrar of the Co-operative Society, details of the agreement entered into by the Co-operative Society and a Labour Contract Society and the copies...

Appointing Authority Can Decide Not To Fill Up Existing Vacancies On Reasonable And Genuine Grounds: Kerala High Court

The Kerala High Court held that an appointing authority has power to decide not to fill up particular number of vacancies on genuine and reasonable grounds.The Division Bench of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar observed:“It is well-settled law that an appointing authority may for good and sufficient reasons take a decision not to fill up the existing vacancies even if...

Kerala High Court Grants Bail To Youtuber Arattannan Booked For Making Derogatory Remarks On Female Actors

The Kerala High Court on Tuesday (6th May) granted bail to the Youtuber Santhosh Varkey popularly known as Arattannan. He was arrested based on complaints against his derogatory Facebook post against female actors. He is booked under Sections 75(3), 75(1)(iv) and 79 of BNS, Section 120(o) of Kerala Police Act and Section 67 of Information Technology Act.The counsel appearing for Santhosh...