#keralahighcourt Archives - Page 3 of 10

28 Nov

The Kerala High Court held that merely procedural infractions are insufficient to overturn Lok Adalat’s settlement Award

Prime Legal

Blog #award, #keralahighcourt, #lokadalat, #settlement

Title: Babumon K.G. v. State of Kerala & Ors

Decided on: 07 November, 2023

+ WA NO. 547 OF 2023

CORAM: HON’BLE Justice A.Muhamed Mustaque

Introduction

According to a recent ruling by the Kerala High Court, procedural infractions alone will not be sufficient to invalidate an award made by a Legal Services Authority; instead, it would be necessary to prove that the Authority lacked the authority to make the decision.

Facts of the Case

The appellant contended that the award was made because they had consented to pay Rs. 10,83,808 in two installments. The appellant contested the award on two grounds: first, a procedural breach; and second, a threat about the impugned award that the third respondent had directed at him. It was argued that as Section 20 of the Legal Services Authorities Act, 1987 (the “Act, 1987”) “overrides all other provisions,” the parties should have applied to take jurisdiction in order to pass an Award.

Courts analysis and decision

The Court rejected all of the appellant’s arguments on the merits and stated that, as contemplated by Section 19(5) of the Act, 1987, which specifies a Lok Adalath’s jurisdiction in determining and reaching a compromise or settlement between parties, the Lok Adalat was competent to pass an Award with respect to any matter falling within its jurisdiction and not pending before a court. We are unable to locate any procedural flaw that would impair Lok Adalath’s jurisdictional ability to make such an award under these circumstances. A court cannot tamper with an award like that. It noted that the learned single judge declined the challenge in a proper manner. As a result, the appeal was denied.

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Written by- Hargunn Kaur Makhija

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28 Nov

The Kerala High Court held that All-India tourist vehicles are subject to fines and are not allowed to operate as stage carriers

Prime Legal

Blog #keralahighcourt, #motor, #motorvehicleact, #vehicle

Title: Abdulla. H. Naushad v. The State of Kerala
Decided on: 24 November, 2023

+ WP(C) NO. 39289 OF 2023

CORAM: HON’BLE Justice Dinesh Kumar Singh

Introduction

According to the Kerala High Court, All India Tourist vehicles are not allowed to function as stage carriers. As a result, bus owners who violate these criteria may face fines.

Facts of the Case

The bus owners, who are the petitioners in this writ case, have asked, among other things, that the motor vehicle authorities and officials refrain from detaining their vehicles, which are in possession of valid All India Tourist Permits, on the grounds that they are in violation of section 66(1) of the Motor Vehicle Act, 1988, because the passengers are getting on and off the vehicle at different points along the way. The State Bus Department claims that even though the petitioners’ vehicles were in compliance with the terms of their all-India tourism visa, they were being used as stage carriages. As a result, it was claimed that the petitioners had received penalty checks for breaking the terms of their all-India tourist permits. Nonetheless, the petitioner argued that the Court has issued temporary orders in other pending cases that are comparable.

Courts analysis and decision

The Kerala State Road Transport Corporation (KSRTC) would suffer, the court ruled, hence the same cannot be allowed. The court further ruled, saying that “it is detrimental to stage carriage operators, including KSRTC, for all India tourist vehicles to function as stage carriages. The petitioners risk fines if they violate the terms of their permit. The petition and other related proceedings have now been listed by the court.

Written by- Hargunn Kaur Makhija

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28 Nov

The Kerala High Court approves ED to send new summons to KIIFB, Dr. Thomas Isaac, former Minister in “Masala Bonds” case

Prime Legal

Blog #keralahighcourt, #KIIFB, #summons

Title: Kerala Infrastructure Investment Fund Board (KIIFB) v. Director, Directorate of Enforcement and connected matter
Decided on: 24 November, 2023

+ WP(C) 26228/ 2022 and WP(C) 25774/2022

CORAM: HON’BLE Justice Devan Ramachandran

Introduction

In connection with the masala bonds case, the Kerala High Court gave the Enforcement Directorate (ED) permission to serve new summonses to the Kerala Infrastructure Investment Fund Board (KIIFB) and Dr. T.M. Thomas Isaac, a former minister.

Facts of the Case

The petitioners’ attorney said that the ED’s inquiry was being carried out in an apparently endless fashion, seriously harming the petitioners, and he asked the court to get involved. Despite the opposing views, the Court first felt that the ASGI’s recommendation should be accepted because any such summons would also be the subject of additional assessment by the Court during the proceedings. In his plea, Dr. Isaac asserted that the agency was attempting to carry out a “fishing and roving” investigation against him without disclosing the specific nature of the violations. In response, the High Court had previously questioned why ED was requesting that Dr. Issac produce documents pertaining to the assets in the first place and added that he was entitled to privacy.

Courts analysis and decision

In October 2022, the Court postponed for two months the further issuance of summonses against KIIFB and Dr. Isaac. The subject will now be rescheduled for further discussion on December 1, 2023.

Written by- Hargunn Kaur Makhija

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28 Nov

The Kerala High Court permits students to enter District-Level Kuchipudi competitions despite underperforming at the Sub-District Level owing to “Apparent Prejudices”

Prime Legal

Blog #competition, #dance, #keralahighcourt, #kuchipudi

Title: Archa Nair v. State of Kerala
Decided on: 21 November, 2023

+ WP(C) NO. 38620 OF 2023

CORAM: HON’BLE Justice Devan Ramachandran

Introduction

Kerala High Court ordered the District Level School Kalolsavam (Annual Arts Competition) organizers to permit a student to compete in the ‘Kuchipudi’ competition, if the student was unable to perform adequately at the Sub-District level because of some “apparent prejudices”. The bench further mandated that she be granted access to all ensuing advantages.

Facts of the Case

The student petitioner took part in ‘Kuchipudi’ at Kalolsavam Sub-District School and placed second in the tournament. It was claimed that some pins and sharp objects had injured her since the stage where she played had not been adequately cleared after the previous performances. A number of other arguments were made to support the claim that her performance fell short of her expectations. When she filed an appeal against it with the Appellate Committee, it was argued, the committee rejected it without providing a reason, stating that the “Appeal stands rejected”. She prayed that the same would be lifted and that she would be allowed to take part in the District Level School Kalolsavam.

Courts analysis and decision

The court, however, rejected the argument and granted the writ petition as a result.

Written by- Hargunn Kaur Makhija

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24 Nov

The Kerala High Court accepts the Investigating Officer’s plea asking UIDAI to release biometric information in order to identify the fingerprint of the culprit.

Prime Legal

Blog #keralahighcourt

Title: State of Kerala represented by the Deputy Superintendent of Police Crime Branch Wayanad v. UIDAI Represented by Deputy Director General & Others

Decided on: 20 November, 2023

+ WP (CRL.) 1156/2023

CORAM: HON’BLE Justice PV Kunhikrishnan

Introduction

The Wayanad Investigating Officer’s plea, asking UIDAI (Unique Identification Authority of India) to compare a sample fingerprint he collected (thought to be that of a culprit) with the agency’s biometric data and reveal the identity of the Aadhaar holder, was recently accepted by the Kerala High Court.

Facts of the Case

The plea claimed that the victim’s death was the result of a number of questionable circumstances, including his parents’ claim that some of the clothing on the body was not his. It became clear that the victim’s bag was missing and that a 10 rupee note had been discovered next to his corpse. Strangely, after the deceased’s body was buried, coconuts began to appear in the graveyard. It is said that even after an investigation, the perpetrators of the murder could not be identified. Expert assistance led to the discovery of a fingerprint on a copper sheet inside a coconut, which is most likely the culprit’s.

Courts analysis and decision

The matter has been scheduled for additional review on December 4, 2023.

Written by- Hargunn Kaur Makhija

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