Kerala HC Seeks State's Response In Plea Challenging Constitutional Validity Of S.219AD(5) Of Panchayat Raj Act Enacted Through 2023 Ordinance
1 year, 1 month ago

Kerala HC Seeks State's Response In Plea Challenging Constitutional Validity Of S.219AD(5) Of Panchayat Raj Act Enacted Through 2023 Ordinance

Live Law  

A plea has been moved in the Kerala High Court challenging the constitutional validity of Section 219AD of the Kerala Panchayat Raj Act, 1994, which had been enacted by an Ordinance promulgated by the Governor on December 7, 2023. In this regard, Section 219AD of the statute prescribes that a user fee shall be remitted in order to avail the waste collection and management services of the Panchayat. Further, Section 219AD states that the Panchayat Secretary has the power to stop providing any services of the Panchayat to an individual who has defaulted in the payment of the user fee prescribed. The petitioners argue that the powers granted to the Secretary of the Village Panchayat to refuse to provide any services of the Village Panchayat to a defaulter of the prescribed user fee under Section 219AD, over and above the 50% fine envisaged under Section 219AD, amounts to punishing the defaulter more than once for the offence of not remitting the prescribed user fee, and allege the same to be violative of the principles of natural justice, as well as the fundamental rights of the concerned individuals.

Kerala Panchayat Fee User Act Panchayat Raj Act Section 219A Section 219Ad  s219ad5  validity  plea  response  user  act  219ad5  seeks  states  village  1994  raj  panchayat  kerala  fee  ordinance  justice  secretary

History of this topic

Kerala High Court Weekly Round-Up: March 10- March 16, 2025
3 days ago

Kerala High Court Weekly Round-Up: March 10- March 16, 2025

Live Law  

Nominal Index Ajeesh @ Ajeeshkumar v State of Kerala, 2025 LiveLaw 166 Aanjaly Sandeep Shetty v. Additional Commissioner, 2025 LiveLaw 167 V. Subramanian v Union of India and Others, 2025 LiveLaw 168 K R Harikrishnan v SI of Police, 2025 LiveLaw 169 The Principal Commissioner of Income Tax v. Last Hour Ministry, 2025 LiveLaw 170 Preetha Radhakrishnan v State of …

Income Tax | Whether There Was Proper Notice Or Not Is Disputed Question Of Fact, Can't Be Challenged Under Article 226: Kerala High Court
1 week, 2 days ago

Income Tax | Whether There Was Proper Notice Or Not Is Disputed Question Of Fact, Can't Be Challenged Under Article 226: Kerala High Court

Live Law  

The Kerala High Court stated that the issue as to whether there was a proper notice or not is a disputed question of fact and cannot be challenged under Article 226 of the Constitution of India. “…….As rightly observed by the learned Single Judge, the question as to whether there was a proper notice or not is certainly a disputed …

'Commission Relying On Incorrect Data To Ascertain Population': Residents Of Arattupuzha Grama Panchayat Move Kerala HC Against Delimitation
2 weeks, 1 day ago

'Commission Relying On Incorrect Data To Ascertain Population': Residents Of Arattupuzha Grama Panchayat Move Kerala HC Against Delimitation

Live Law  

Two residents of Arattupuzha Gram Panchayat have moved the Kerala High Court, challenging the delimitation process done in their constituency. After the recent delimitation process conducted in the State, the number of wards in the Panchayat has been increased from 18 to 19. Earlier, a Division Bench of the Court had affirmed the delimitation process conducted by the State and …

Tax Annual Digest 2024: Part I
2 months ago

Tax Annual Digest 2024: Part I

Live Law  

Reopening Of Assessment Inspired From 'Review' & 'Change Of Opinion' By Subsequent AO Is Deprecated: Madras HC While setting aside the order disposing of assessee's objection for re-opening of assessment pursuant to the issue of notice u/s 148 of the Income tax Act, 1961 and the consequent reassessment order, the Madras High Court held that there is no scope for …

Kerala High Court Declares Recent Delimitation Exercise Invalid For Eight Municipalities, One Panchayat
3 months ago

Kerala High Court Declares Recent Delimitation Exercise Invalid For Eight Municipalities, One Panchayat

Live Law  

The Kerala High Court on Wednesday declared the delimitation exercise carried out in 2024 in Padne Grama Panchayat, Panoor Municipality, Mukkom Municipality, Koduvally Municipality, Payyoli Municipality, Sreekandapuram Municipality, Feroke Municipality, Pattambi Municipality and Mattannur Municipality as invalid. The Kerala Government by virtue of Kerala Municipality Act, 2024 and Kerala Panchayat Raj Act, 2024 increased the ratio of number of counsellors/ …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
3 months, 1 week ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants
3 months, 3 weeks ago

Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants

Live Law  

The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason. In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of …

Indirect Tax Weekly Round-Up: 21 To 27 July 2024
7 months, 2 weeks ago

Indirect Tax Weekly Round-Up: 21 To 27 July 2024

Live Law  

Supreme Court Customs Act | Owner Of Goods Liable To Pay Customs Duty Even After Confiscated Goods Are Redeemed Paying Fine : Supreme Court Case Title: M/S Navayuga Engineering Co. Ltd. Madras High Court Interest Can't Be Demanded When Entire Stamp Duty Paid During Pendency Of Appeal: Madras High Court Case Title: The Chief Revenue Controlling Authority Chennai Versus R.Muniyandi …

Kerala High Court Dismisses Indian Medical Association's Petition Challenging GST Levy On Supply Of Goods And Services To Its Members
7 months, 3 weeks ago

Kerala High Court Dismisses Indian Medical Association's Petition Challenging GST Levy On Supply Of Goods And Services To Its Members

Live Law  

The Kerala High Court has dismissed the writ petition filed by the Indian Medical Association challenging the levy of GST on supply of goods and services to its members.The bench of Justice Dinesh Kumar Singh has observed that the Parliament/State Legislature has amended Section 7 by inserting Section 7 by the Finance Act, 2021. The Kerala High Court has dismissed …

Plea In Kerala High Court Seeks Appointment Of Judicial Member To Upcoming Vacancy In State's Real Estate Appellate Tribunal
10 months ago

Plea In Kerala High Court Seeks Appointment Of Judicial Member To Upcoming Vacancy In State's Real Estate Appellate Tribunal

Live Law  

Social Justice Vigilance Forum, a registered society under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, has approached the Kerala High Court seeking appointment of a Judicial Member in the Kerala State Real Estate Appellate Tribunal due to an expected vacancy that would arise from May 28, 2024. The Act was implemented in Kerala on May 01, …

Indirect Tax Cases Weekly Round-Up: 31 March To 6 April 2024
11 months, 1 week ago

Indirect Tax Cases Weekly Round-Up: 31 March To 6 April 2024

Live Law  

Delhi High Court Case Title: Jetibai Grandsons Services India Pvt Ltd Versus Union Of India & Ors. Case Title: Blackberry India Pvt Ltd -Earlier Known As Research In Motion India Pvt Ltd Versus The Commissioner CGST The Delhi High Court has held that the department cannot, after being unsuccessful before this Court on its own, declare the refund of the …

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
11 months, 2 weeks ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]
11 months, 2 weeks ago

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]

Live Law  

Nominal Index Ahammedkutty Bran v Sukumaran 2024 LiveLaw 146 B. v State of Kerala 2024 LiveLaw 147 Manuja Mythri v Advocate T K Ajan 2024 LiveLaw 148 Dr.Navaneeth K.Unni v State Represented By Public Prosecutor 2024 LiveLaw 149 State of Kerala v. Kuniyil Shanoob and ors 2024 LiveLaw 150 Manoj v. State of Kerala 2024 LiveLaw 151 Firos C.A. Kerala …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

Delhi High Court Upholds Constitutional Validity Of Section 115BBE Of Income Tax Act
1 year, 2 months ago

Delhi High Court Upholds Constitutional Validity Of Section 115BBE Of Income Tax Act

Live Law  

The Delhi High Court has upheld the constitutional validity of Section 115BBE of the Income Tax Act.The bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna has observed that Statutory Acts and their provisions are not to be declared unconstitutional on the fanciful theory that power would be exercised in an unrealistic fashion or in a vacuum or on …

Correctness Of Valuation, Court Fees To Be Determined Before Commencement Of Trial: Kerala High Court
1 year, 3 months ago

Correctness Of Valuation, Court Fees To Be Determined Before Commencement Of Trial: Kerala High Court

Live Law  

The Kerala High Court recently laid down that when a dispute arises on the correctness of valuation and Court fees to be paid, it ought to be determined after permitting evidence on the same, before the commencement of trial on merits, due to it being a mixed question of fact and law. "If the Sub Court is of the opinion …

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court
1 year, 4 months ago

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

Live Law  

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act.It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K. The …

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC
1 year, 11 months ago

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC

Live Law  

The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. The Kerala High Court on Monday held that when …

Kerala High Court Monthly Digest - February 2023 [Citations 53-108]
2 years ago

Kerala High Court Monthly Digest - February 2023 [Citations 53-108]

Live Law  

Nominal Index Citations P.K. 2023 LiveLaw 108 Judgments/Order This Month Rent Controller Can 'Direct' Landlord To Sue For Eviction Of Tenant After Prima Facie Satisfaction On Permanent Tenancy Claim: Kerala High Court Case Title: P.K. Kerala High Court Sets Aside State Human Rights Commission's Order On Land Dispute Case Title: K. Abdul Hameed v. Kerala State Human Rights Commission & …

Suspension Under S.32 Kerala Cooperative Societies Act Not Dependent On Completion Of Inquiry If Compelling Circumstances Exist: High Court
2 years, 1 month ago

Suspension Under S.32 Kerala Cooperative Societies Act Not Dependent On Completion Of Inquiry If Compelling Circumstances Exist: High Court

Live Law  

The Kerala High Court on Monday held that an order of suspension under Section 32 of the Kerala Co-operative Societies Act, 1969 is not dependent on the completion of the inquiry under Section 65 and the power can, for grave and compelling reasons, be exercised even when the inquiry is pending.The Single Judge Bench of Justice Gopinath P., in this …

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court
2 years, 1 month ago

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court

Live Law  

The Kerala High Court recently held that principles of res judicata and constructive res judicata would squarely apply not just to civil proceedings but to criminal proceedings as well.Justice A. Badharudeen was hearing a petition filed under Section 482 of the Code of Criminal Procedure, 1973 to quash a complaint pending before Magistrate Court, where she was alleged to have …

Bar Under Section 108 (2) M.P. Panchayat Raj Adhiniyam Will Not Apply Against Suit For Recovery Of Amount Legally Due From Local Body: High Court
2 years, 2 months ago

Bar Under Section 108 (2) M.P. Panchayat Raj Adhiniyam Will Not Apply Against Suit For Recovery Of Amount Legally Due From Local Body: High Court

Live Law  

The High Court of Madhya Pradesh, Indore Bench recently held that a suit for recovery would not be barred under Section 108 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 if the sum was legally due on the part of the local body. In Nagar Palika Murena, the high court had held that, "the officers or the Council, while asking …

State Govt Well Equipped To Decide Legality Of Panchayat Decisions, S.191 Kerala Panchayat Raj Act Is An Efficacious Alternate Remedy: High Court
2 years, 3 months ago

State Govt Well Equipped To Decide Legality Of Panchayat Decisions, S.191 Kerala Panchayat Raj Act Is An Efficacious Alternate Remedy: High Court

Live Law  

The Kerala High Court on Tuesday, while dismissing two Writ Petitions, observed that Section 191 of Kerala Panchayat Raj Act, 1994 is an efficacious, alternate statutory remedy against any resolutions or decisions taken by the panchayat.Section 191 of the KPR Act deals with the power of cancellation and suspension of resolutions etc. The Kerala High Court on Tuesday, while dismissing …

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC
2 years, 5 months ago

Whether Compulsory Retirement Warrants Reduction In Pension/ Gratuity To Be Decided At Time Of Imposing Punishment: Kerala HC

Live Law  

The Kerala High Court on Monday held that the decision as to whether a particular case where compulsory retirement is imposed warrants reduction in pension or gratuity or both is to be specifically considered by the authority imposing the punishment, at the time of such imposition itself.Justice Anu Sivaraman, while holding so, observed that if the same was not done, …

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused
2 years, 6 months ago

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused

Live Law  

The Kerala High Court on Monday dismissed the appeals challenging a Special Court's order cancelling the bail granted to 11 accused persons in case of lynching of a tribal youth in February 2018. The Court in the instant case ascertained that the following important questions arose before it for consideration: Firstly, whether the Court of Session, in the exercise of …

Tax Cases Weekly Round-Up: 28 August To 3 September, 2022
2 years, 6 months ago

Tax Cases Weekly Round-Up: 28 August To 3 September, 2022

Live Law  

Delhi High Court Case Title: Rithala Education Society Versus Union Of India Citation: 2022 LiveLaw 816 The Delhi High Court held that the significance of issuing a show cause notice prior to issuing a re-assessment notice has been lost because the order under Section 148A of the Income Tax Act was made without taking into account the detailed reply filed …

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC
2 years, 7 months ago

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC

Live Law  

The Kerala High Court on Wednesday, while allowing a writ appeal, observed that the Court exercising power under Article 226 of the Constitution could not refrain from granting a relief to which a party is entitled, merely for the reason that a specific relief had not been sought in petition. Suresh Kumar and Justice C. S. Sudha, observed that, Merely …

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court
2 years, 10 months ago

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

Live Law  

The Kerala High Court has recently established that the general supervisory power available under Section 17 of the Kerala Civil Courts Act does not empower the District Judge to pass judicial orders directing the civil courts in the district to dispose of matters pending before the subordinate courts in a time-bound manner. Justice A. Badharudeen held that the general control …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Kerala High Court Weekly Round Up: March 28 To April 3, 2022
2 years, 11 months ago

Kerala High Court Weekly Round Up: March 28 To April 3, 2022

Live Law  

Nominal Index Chandra Choodan Nair S. v. State of Kerala, 2022 LiveLaw 149 M.V. & connected matters., 2022 LiveLaw 150 Sulaiman v. State of Kerala & Ors., 2022 LiveLaw 151 Suo motu v. State of Kerala, 2022 LiveLaw 152 Sunil N.S v. State of Kerala, 2022 LiveLaw 153 Nair Service Society v. State of Kerala & Ors, 2022 LiveLaw 154 …

Kerala High Court Monthly Digest: February 2022 [Citations 50 - 103]
3 years ago

Kerala High Court Monthly Digest: February 2022 [Citations 50 - 103]

Live Law  

Nominal Index Jiji C. Senan & Anr. v. Travancore Devaswom Board & Ors, 2022 LiveLaw 61 Jyothsana A v Kerala Public Service Commission & Ors, 2022 LiveLaw 62 State of Kerala v. Sunil N.S. Abraham v. Chengannur Municipality & Ors, 2022 LiveLaw 67 Madhyamam Broadcasting Limited v. Union of India, 2022 LiveLaw 68 Suo motu case, 2022 LiveLaw 69 Joel …

Kerala High Court Issues Notice To Centre, RBI On Plea Against Amendments To Banking Regulation Act
3 years, 3 months ago

Kerala High Court Issues Notice To Centre, RBI On Plea Against Amendments To Banking Regulation Act

Live Law  

The Kerala High Court will consider if the Banking Regulation Act, 2020 takes away the legislative power of States under item 32 in List II in the 7th schedule of the Constitution and whether it is liable to be declared as unconstitutional. The petition was filed by two urban co-operative banks registered under the Kerala Co-operative Societies Act and Rules, …

Kerala High Court Quashes State Circular Restricting Fee Exemption On Converted Paddy Land
3 years, 4 months ago

Kerala High Court Quashes State Circular Restricting Fee Exemption On Converted Paddy Land

Live Law  

The Kerala High Court recently quashed a circular issued by the State government, limiting fee exemption on converted paddy land not included in the data bank only to applications filed after 25th February this year.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly also directed the concerned authority to consider the applications submitted by the petitioners. …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Kerala High Court Declines To Stay Implementation Of The Draft Lakshadweep Development Authority Regulation 2021
3 years, 9 months ago

Kerala High Court Declines To Stay Implementation Of The Draft Lakshadweep Development Authority Regulation 2021

Live Law  

The Kerala High Court today declined to stay the operation of the Draft Lakshadweep Development Authority Regulation 2021, allowing the Lakshadweep Administration two weeks to respond to a public interest litigation assailing the Regulation.A Division Bench of Justices K Vinod Chandran and MR Anitha took up a petition moved by Congress Politician KP Noushad Ali, which challenged the. The Kerala …

No Detention Under Section 129 Of CGST Act On Mere Suspicion Of Mis-Classification Of Goods : Kerala High Court
4 years, 2 months ago

No Detention Under Section 129 Of CGST Act On Mere Suspicion Of Mis-Classification Of Goods : Kerala High Court

Live Law  

The Kerala High Court has held that mere suspicion of mis-classification of goods cannot be the basis for a detention of goods under Section 129 of the Central Goods and Services Tax Act 2017.A single bench of Justice A Jayasankaran Nambiar held so referring to the Gujarat High Court in M/s Synergy Fertichem Private Limited v. State of Gujarat and …

Kerala Governor Signs Ordinance To Withdraw Controversial Section '118A' of Kerala Police Act
4 years, 3 months ago

Kerala Governor Signs Ordinance To Withdraw Controversial Section '118A' of Kerala Police Act

Live Law  

The Governor of Kerala Arif Mohammed Khan has signed an ordinance to withdraw controversial ordinance which amended the Kerala Police Act introducing Section 118A of the Act.Article 213 of the Constitution of India empowers the Governor to withdraw an Ordinance at any time.Earlier today, the Additional Advocate General of Kerala had submitted before the High Court of Kerala that. The …

Cabinet Decided To Recommend Governor To Withdraw Ordinance On 118A of Kerala Police Act: Govt. Informs Kerala High Court
4 years, 3 months ago

Cabinet Decided To Recommend Governor To Withdraw Ordinance On 118A of Kerala Police Act: Govt. Informs Kerala High Court

Live Law  

The Kerala High Court on Wednesday recorded the submission made by the Additional Advocate General of Kerala that the Cabinet has decided to withdraw the controversial Amendment to Kerala Police Act introducing Section 118A of the Act.Recording this submission, the bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly adjourned the petitions. The Kerala High Court on Wednesday …

[Breaking] No Adverse Action Or Registration Of FIR Based On Section 118A; Ordinance Being Reconsidered : Kerala High Court Records Govt Submission
4 years, 3 months ago

[Breaking] No Adverse Action Or Registration Of FIR Based On Section 118A; Ordinance Being Reconsidered : Kerala High Court Records Govt Submission

Live Law  

The Kerala High Court on Tuesday recorded the submission made by the Additional Advocate General of Kerala that there will be no adverse action, registration of FIR or suo moto cognizance based on the newly introduced controversial provision Section 118A of the Kerala Police Act.A bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly also recorded the submission …

Breaking: Controversial Section 118A Of Kerala Police Act Will Not Be Implemented: CM Pinarayi Vijayan
4 years, 3 months ago

Breaking: Controversial Section 118A Of Kerala Police Act Will Not Be Implemented: CM Pinarayi Vijayan

Live Law  

The Chief Minister of Kerala, Pinarayi Vijayan, has announced that his Government will not implement the controversial provision— Section 118A of Kerala Police Act, 2011 in its present form. Delete Controversial Section 118A of Kerala Police Act Will Not Be Implemented: @CMOKerala @vijayanpinarayi— Live Law November 23, 2020 The Minister clarified that. Delete Controversial Section 118A of Kerala Police Act …

Kerala Governor Promulgates Kerala Police (Amendment) Ordinance, 2020 To Punish Threatening, Abusive And Defamatory Content
4 years, 3 months ago

Kerala Governor Promulgates Kerala Police (Amendment) Ordinance, 2020 To Punish Threatening, Abusive And Defamatory Content

Live Law  

The Kerala Government on Saturday notified the Kerala Police Ordinance, 2020 to incorporate Section 118A in the Kerala Police Act which makes intimidation, defamation, or insulting of any person an offence punishable with imprisonment of term upto Three years and/or upto Rs. Punishment for making, expressing, publishing or disseminating any matter which is threatening, abusive, humiliating or defamatory─ Whoever makes, …

Kerala High Court Dismisses Plea Against Registration Of FIRs In Abkari Cases Without Complying Section 30 Abkari Act
4 years, 4 months ago

Kerala High Court Dismisses Plea Against Registration Of FIRs In Abkari Cases Without Complying Section 30 Abkari Act

Live Law  

The Kerala High Court has held that the Abkari Officers, can register a crime under Abkari Act, 1077, by invoking Section 154 of Criminal Procedure Code without complying the procedure under Section 30 of Abkari Act One Mr. K. Faizel, had filed a writ petition before the High Court challenging the authority of Kerala State Police Chief to register a …

Kerala HC Upholds Constitutional Validity Of Kerala State Commission For SC-STs Act [Read Judgment]
4 years, 5 months ago

Kerala HC Upholds Constitutional Validity Of Kerala State Commission For SC-STs Act [Read Judgment]

Live Law  

The Kerala High Court has upheld the constitutional validity of Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007.One lawyer, MP Chothy had approached the High Court contending that, as per the State List or the Concurrent List of Schedule V11 of the Constitution of India, the State is not vested with the powers to enact …

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]
4 years, 5 months ago

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that writ jurisdiction under Article 226 cannot be invoked to challenge an order passed by the National Company Law Tribunal.Accordingly, a division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly set aside a judgment passed by a single bench, which granted a limited relief to a party in a challenge …

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]
5 years, 9 months ago

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]

Live Law  

It was held that: Where the State behaves arbitrarily, even in the realm of contract, the High Court can interfere under Article 226 of the Constitution of India, 1950. " It was held that: In the matter of: Cicily Kallarackal V/s Vehicle Factory, 8 SCC 524, it was observed that: "… learned counsel for the petitioner is right that the …

Intra-Court Appeal Maintainable Against Judgment Passed Under Art 226 Exercising Criminal Jurisdiction: Kerala HC DB Sets Aside Order To Probe Syro-Malabar Church Land Deal Case [Read Judgment]
6 years, 9 months ago

Intra-Court Appeal Maintainable Against Judgment Passed Under Art 226 Exercising Criminal Jurisdiction: Kerala HC DB Sets Aside Order To Probe Syro-Malabar Church Land Deal Case [Read Judgment]

Live Law  

A Division Bench of Kerala High Court has set aside a single bench judgment that ordered the police to investigate into allegations against the Major Arch Bishop and others of the Syro-Malabar Church in connection with the Syro-Malabar Church land deal.The Bench has held that an intra-court appeal is maintainable under Section 5 of the Kerala High Court Act against …

Kerala HC Rejects Plea Challenging ‘Senior Designation’ Refusal [Read Judgment]
7 years, 9 months ago

Kerala HC Rejects Plea Challenging ‘Senior Designation’ Refusal [Read Judgment]

Live Law  

His insistence on the Court’s conferring on him what is treated as an honour or a privilege fails to gather judicial muster, literally and legally, the Court said rejecting the plea.The Kerala High Court has rejected plea of an advocate challenging the Full court decision rejecting his application for designation as Senior Advocate.Advocate P.B. His insistence on the Court’s conferring …

Kerala HC Upholds Validity Of Late Fee Charged Under Section 234 E Of Income Tax Act [Read Judgment]
8 years, 2 months ago

Kerala HC Upholds Validity Of Late Fee Charged Under Section 234 E Of Income Tax Act [Read Judgment]

Live Law  

A single bench of Justice AM Shaffique of the Kerala High Court has held the constitutional validity of Section 234 E of the Income Tax Act, 1961.Under the said section, a fine is imposed for “failure to deliver or caused to be delivered a statement within the time prescribed in Section 200. A single bench of Justice AM Shaffique of …

Placing Ordinance before Legislature Mandatory; Re-promulgation Fraud On Constitution: SC 7 Judge Bench [Read Judgment]
8 years, 2 months ago

Placing Ordinance before Legislature Mandatory; Re-promulgation Fraud On Constitution: SC 7 Judge Bench [Read Judgment]

Live Law  

A seven-judge Constitution Bench of the Supreme Court in Krishna Kumar Singh vs. State of Bihar has held that re-promulgation of ordinances is a fraud on the Constitution and a subversion of democratic legislative processes. In this context, the Chief Justice of India, in his separate concurring opinion, observed: “I would, in that view, leave the question of interpretation of …

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