State Instrumentalities Must Deal With Citizens Fairly: Kerala High Court Orders Release Of Amount Withheld In Excess Of Quantified Loss In Road Project
2 years ago

State Instrumentalities Must Deal With Citizens Fairly: Kerala High Court Orders Release Of Amount Withheld In Excess Of Quantified Loss In Road Project

Live Law  

The Kerala High Court recently held that the Government cannot retain any amount in excess of the loss already quantified by it with regard to the amount due to a contractor on the premise of breach of contract.“The State and its instrumentalities are expected to deal with the citizens in a fair manner in all circumstances.”, the court observed in this regard.The division bench comprising. The Kerala High Court recently held that the Government cannot retain any amount in excess of the loss already quantified by it with regard to the amount due to a contractor on the premise of breach of contract.“The State and its instrumentalities are expected to deal with the citizens in a fair manner in all circumstances.”, the court observed in this regard. But that does not mean that the Court cannot order release of the withheld amount in excess of the loss already quantified by the public officials. If the amount has been already calculated withholding any amount beyond the alleged loss suffered is arbitrary and illegal.” The court ordered release of the admitted amounts except the amount towards damages and loss.

Contract Loss Court State Pwd Release Contractor Appellant Its Instrumentalities Quantified  road  orders  state  cost  loss  appellant  project  contractor  quantified  release  court  kerala  contract  withheld  instrumentalities

History of this topic

Suppression Of Assets While Seeking Permission To Sue As 'Indigent Person' Indicates Party Playing Fraud On Court: Kerala High Court
1 month, 1 week ago

Suppression Of Assets While Seeking Permission To Sue As 'Indigent Person' Indicates Party Playing Fraud On Court: Kerala High Court

Live Law  

The Kerala High Court has observed that if a person does not fully disclose the details of his property while applying to sue as an indigent person, it is an indication that he wants to play fraud on the court by suppressing his ability to pay court fee. “When a party in possession of movable/s and immovable property/ies fails to …

Non-Disclosure Of Minor Criminal Cases Which Were Quashed Not Fatal For Appointment To Govt Post: Kerala High Court
1 month, 2 weeks ago

Non-Disclosure Of Minor Criminal Cases Which Were Quashed Not Fatal For Appointment To Govt Post: Kerala High Court

Live Law  

The Kerala High Court observed that every non-disclosure of criminal cases by an individual cannot be regarded as fatal for his appointment to a government post. Court stated, “Non-disclosure of two minor cases, which were later on quashed and closed, one by the High Court and another by paying the fine, would not itself make the petitioner unsuitable for the …

Interim Release Of Goods Can Be Ordered Pending Adjudication Of Notice U/S 130 GST Act In Lieu Of Fine: Kerala High Court
2 months, 1 week ago

Interim Release Of Goods Can Be Ordered Pending Adjudication Of Notice U/S 130 GST Act In Lieu Of Fine: Kerala High Court

Live Law  

The Kerala High Court has held that interim release of goods can be ordered pending adjudication of notice under section 130 GST Act in lieu of fine. The department submitted that Section 130 does not contemplate provisional release of goods which are proposed to be confiscated and the department has no authority to release the goods pending adjudication and until …

Wayanad Landslides | Kerala High Court Slams State Government For Failure To Explain Available Balance In State's Disaster Response Fund
3 months, 2 weeks ago

Wayanad Landslides | Kerala High Court Slams State Government For Failure To Explain Available Balance In State's Disaster Response Fund

Live Law  

The Kerala High Court today criticised the State government for its failure to provide details regarding the availability and utilization of funds in the State's Disaster Response Fund. The State government, along with the Finance Officer of the Department of Disaster Management submitted before the Court that 677 crores must be the amount available in the SDRF, however, they were …

[Wayanad Landslides] Kerala High Court Tells State To Furnish Details Regarding Availability & Utilisation Of Funds In SDRF
3 months, 2 weeks ago

[Wayanad Landslides] Kerala High Court Tells State To Furnish Details Regarding Availability & Utilisation Of Funds In SDRF

Live Law  

The Kerala High Court has orally directed the State Government to furnish clear details regarding the availability and utilization of funds in the State's Disaster Response Fund. The State Government informed the Court that they are unable to use approximately 153 crores allocated by the Central government for immediate assistance, unless it is demonstrated that 50 percent of the funds …

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

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
6 months, 2 weeks ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 6 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

Kerala High Court Imposes Cost On Litigants For Securing Favourable Judgment By Producing False Memo
2 years, 8 months ago

Kerala High Court Imposes Cost On Litigants For Securing Favourable Judgment By Producing False Memo

Live Law  

The Kerala High Court on Tuesday set aside a judgment obtained by producing a fake memo showing service of notice and imposed Rs 10,000 on the litigants who produced the fake memo. A judgment, decree or order obtained by fraud has to be treated as a nullity, whether by the court of the first instance or by the final court. …

Breach Of Contract | Can't Forfeit Security Deposit Towards Risk Liability In Absence Of Loss/Damage: Kerala High Court
3 years ago

Breach Of Contract | Can't Forfeit Security Deposit Towards Risk Liability In Absence Of Loss/Damage: Kerala High Court

Live Law  

The Kerala High Court has recently ruled that in the case of a breach of contract, one party cannot forfeit the security deposit towards risk liability when they have not suffered any loss or damage.A Division Bench of Justice P.B. The Kerala High Court has recently ruled that in the case of a breach of contract, one party cannot forfeit …

Parties To Litigation Entitled To Be Informed Of Reasons For Denial Of Their Claim : Kerala High Court
3 years, 1 month ago

Parties To Litigation Entitled To Be Informed Of Reasons For Denial Of Their Claim : Kerala High Court

Live Law  

The Kerala High Court on Monday observed that a party to litigation is entitled to be informed of the reasons behind the denial of their claims. The Court noted that the reason for declining to grant interim maintenance allowance to the wife was not revealed from the impugned order and that for this reason, it was a non-speaking order. Thereby, …

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