Jino Mathews Raju

Kerala High Court: DDMA Can Take Over Unoccupied Residential Buildings Due to the Pandemic

The Kerala H.C. dismissed the petitions filed before it against the action of the District Disaster Management Authority of taking-over of private residential buildings without issuing notice to all owners. Brief Facts of the Case  Two writ petitions filed in the...

Kerala High Court Issues Conditional Bail in Demolition of Church Replica Case

The Kerala H.C. ruled that S.153A of I.P.C. cannot be attracted where there is a mere incitement of one community, without reference to any other community or group. Brief facts of the Case  A bail application was filed by accused Nos....

Kerala High Court: Candidate Should Be a Practising Lawyer as on the Date of Appointment in the Higher Judicial Service

The Kerala High Court set aside the appointment of a judicial officer as District & Sessions judge. The notification was calling applications for direct recruitment to the Higher Judicial Services. A single-judge bench delivered the judgement of Justice PV...

Kerala High Court on Grant of Concurrent Sentence for the Subsequent Offence

The Kerala HC stated that the benefit under S.427 Cr.P.C. could be claimed only before the court hearing the later offence. This was in the case of Mushthafa S/O.Muhammed, Naduthodi House, Manjeri Amsom Desom, Chandakunnu, Malappuram. V. State Of...

Kerala High Court: Filing of Final Report Against One Accused Not Bar to Continue Investigation Against Other

The Kerala H.C. ruled that the Police can file a Final Report against one accused and continue the investigation against others. The order said that the Police could not wait till the absconding accused is arrested. Facts of the Case In...

Kerala High Court: Human Rights Commission Cannot Decide Disputes Arising Out Of Statutory Powers And Duties

The Kerala High Court observed that the HRC cannot decide disputes arising out of exercising rights. This observation occurred in a writ petition challenging an order passed by the Kerala State HRC dated 25.04.2012. Facts of the case The Kerala State...

Kerala HC: Accused to Be Produced Using Electronic Video Linkage Facilities After Magistrates’ Tested Positive for COVID-19

Numerous reports had been released on the quarantining of Magistrates and Police Officers after interacting with COVID-19 positive prisoners. This prompted the Kerala High Court on 25.05.2020 to issue an official memorandum mentioning these concerns. It recommended the usage...

Kerala HC Issues Directions to Alappuzha MC Hospital to Review Non-COVID 19 Patient’s Case

Brief facts Mr Radhakrishnan R, aged 58, filed a writ petition in the Kerala High Court. The Alappuzha Medical College hospital had closed its Cardiac OP wing following the COVID-19 pandemic. The petitioner is a cardiac patient and has claimed...

Kerala High Court Issues an Official Memorandum Listing down Guidelines to be followed by Subordinate Courts Post Lockdown

The High Court of Kerala has issued a new set of Advisories to Subordinate Courts via an Official Memorandum. It lays down guidelines for the Subordinate Courts to follow post lockdown. General Guidelines The Presiding Officer is to ensure that...

Kerala HC allows entry of Stranded Persons at Border and directs the State to issue necessary Passes as a One-time Measure

A special sitting of the Kerala HC on 10/05/2020 heard a writ petition filed by Advocate Harish Vasudevan seeking immediate State action for facilitating the entry of the persons stranded at the Walayar check-post since 09/05/2020. Petitioner’s Arguments It was argued...

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“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being...
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“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax Act, 1961.  Brief facts of the...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court, Bhuj in the case of...

WhatsApp Messages Would Have No Evidentiary Value Until They Are Certified According to Section 65b of the Indian Evidence Act: Punjab & Haryana High...

Brief facts of the case Paramjit Kaur, the proprietor of Brioshine Pharma, a licensed chemist, booked two consignments. The first consignment, on 10.06.2020 and the,...

Delhi High Court Seeks Response From Centre, RBI in PIL to Regulate Online Lending Platforms

A notice had been issued by the Delhi HC in a PIL that sought regulation of online lending platforms (Dharanidhar Karimojji vs UOI). Brief Facts: The...