Kerala Government Land Assignment Act Not Intended To Enrich Persons Who Hold Extensive Land: High Court

The Kerala High Court observed that the provisions of Kerala Government Land Assignment Act and Kerala Land Assignment Rules was intended to protect landless people and not to enrich people who were already holding extensive lands.“.. various provisions in the Kerala Government Land Assignment Act and Kerala Land Assignment Act and the Kerala Land Assignment Rules would unmistakably show...

'Matter Of Great Concern': Kerala High Court On Collapse Of National Highway; NHAI Concedes Certain Lapses

While hearing a Writ Petition, the Kerala High Court on Friday (May 23) expressed its concern about the condition of roads in the light of the collapse of the recently elevated National Highway – 66 in Malappuram District.The Court observed: “Sri. Bidan Chandran, learned Standing Counsel for the NHAI conceded that there had been certain lapses with respect to the construction of the NHAI...

Kerala High Court Directs State Electricity Board To Publish Whole Works Contracts On Their Website

The Kerala High Court has directed the Kerala State Electricity Board Limited (KSEBL) to install necessary infrastructural, resources and procedural arrangements to publish whole works contract on its website.The Court emphasized that the KSEBL being an instrumentality of the state should be "transparent" in inviting tenders. The Court had enquired about the possibility of advertising the...

Motor Vehicles Act | LMV Licence Holder Entitled To Drive Auto Rickshaw; Kerala High Court Retrospectively Applies SC Ruling

The Kerala High Court recently held that a person holding an LMV licence would not be disentitled to drive an auto rickshaw, in the light of the Supreme Court's ruling in Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi.The judgment was pronounced by Justice Johnson John while considering a Motor Accidents Claims Appeal (MACA) preferred by the owner of the vehicle (auto rickshaw)....

Kerala High Court Orders Action Against Indiscriminate Waste Dumping At Sabarimala After Elephants, Deer Died Due To Consuming Plastic

Taking into account the indiscriminate dumping of garbage in Sabarimala, the Kerala High Court has ordered to take action under the Wild Life (Protection) Act against persons responsible for dumping and burning of waste near Sabarimala in the 2024-25 Mandala Makaravilakku season.The holy shrine of Sabarimala is within the Ranni Forest Reserve and is a part of Periyar Tigar Reserve. The Court...

Bar Associations Are 'Public Authorities' Under RTI Act : Kerala State Information Commission

The Kerala State Information Commission (SIC) recently passed an order wherein it held that all Bar Associations functioning in Kerala can be considered to be 'public authority' as per sections 2(h)(d) and 2 (h)(ii) of the Right to Information (RTI) Act, 2005.For context, S. 2(h) of the RTI Act gives the definition of 'public authority' and states, ““public authority” means any authority...

Appellate Court Cannot Waive Payment Of Court Fee Before Trial Court On Account Of Settlement Of Appeal: Kerala High Court

The Kerala High Court recently decided that it is not legally permissible for an appellate court to waive payment of court fee before the trial court on account of settlement of appeal. Justice A. Badharudeen laid down the legal position in a common judgment while hearing two Regular First Appeals (RFAs).The appellants had initiated suits against the respondents before the Sub Court, Kochi...

Don't Involve Police Stations In Children's Custody Arrangements: Kerala High Court Tells Family Courts

The Kerala High Court directed Family Courts to not involve police stations in custody arrangement of children. The Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha made this order after noticing order of a family Court directing the parents to exchange the child at police custody as the interim custody arrangement.The same Bench had earlier ordered that children involved...

Essential Requirements To Complete Gift Deeds Under Transfer Of Property Act Would Also Apply To Settlement Deeds: Kerala High Court

The Kerala High Court has held that the requirements to complete a Gift deed provided under Transfer of Property Act would also apply to a settlement deed, even though there is a slight difference between the two. For context, Section 122 of the Transfer of Property Act pertains to Gifts and states, "Gift is the transfer of certain existing moveable or immoveable property made voluntarily...

Pendency Of Suit Over Respondent's Right On Shared Household Not A Bar To Order His Removal Under Domestic Violence Act: Kerala High Court

The Kerala High Court held that the pendency of a civil suit concerning the title on a property is not a bar on giving an order under Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005 (DV Act) to direct the alleged aggressor to remove himself from the shared household. Justice C. Jayachandran ordered thus in a challenge against the Sessions Court order which refused...

S.14 SARFAESI Act | Magistrate Can't Exercise Adjudicatory Powers In Proceedings To Take Possession Of Secured Asset: Kerala High Court

The Kerala High Court has reiterated that the Chief Judicial Magistrate (CJM) cannot exercise adjudicatory powers in the proceedings for securing assets under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) 2002. Section 14 of SARFAESI Act states that Chief Metropolitan Magistrate or District Magistrate is to...

Kerala High Court Finds Appointment Of VC Of Kerala University Of Digital Sciences Unsustainable, Allows Her To Complete Term

The Kerala High Court recently held that the appointment of Dr. Ciza Thomas as the Vice Chancellor of Kerala University of Digital Sciences Innovation and Technology was unsustainable. Justice P. Gopinath ordered thus in a petition filed by the State challenging the appointment. The appointment was made by the then-Chancellor of the University and former Governor of the State, Arif Mohammad...