Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]
7 years, 8 months ago

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]

Live Law  

In a curious case entangled in strange set of facts, a Division Bench of the Kerala High Court comprising Justices P.N Ravindran and Justice Dama Sheshadri Naidu had occasion to explain the doctrine of ‘law of case’, which deals with the binding nature of previous orders in subsequent stages of a case.A civil contractor had two arbitral awards passed in his favour against the Government. In a curious case entangled in strange set of facts, a Division Bench of the Kerala High Court comprising Justices P.N Ravindran and Justice Dama Sheshadri Naidu had occasion to explain the doctrine of ‘law of case’, which deals with the binding nature of previous orders in subsequent stages of a case. Also, when the review was so filed by the contractor, could the Division Bench of the High Court have re-opened the concluded appeals for further hearing in the review petition filed by the contractor, especially so when the Court observed that the review was unnecessary. Whereas, in law of case, the previous orders passed by the same Court or any superior Court in the case, binds the subsequent proceedings of the case.

Law High Court Judgment Court Review Petitions Case Review High Supreme Bench Appeals Contractor Doctrine Subsequent Division Bench Previous Orders Sheshadri Naidu Dama Sheshadri Naidu Subsequent Stages Justice Dama  kerala  previous  orders  high  nature  read  bench  doctrine  supreme  appeals  stages  review  law  contractor  court  case  judgment  subsequent

History of this topic

SC seeks viewpoints on Lokpal’s power to investigate HC judges
5 days, 18 hours ago

SC seeks viewpoints on Lokpal’s power to investigate HC judges

Hindustan Times  

The Supreme Court on Tuesday underscored the need for a comprehensive legal examination and “different viewpoints” before ruling on whether the Lokpal has the authority to investigate complaints against sitting high court judges under the Lokpal and Lokayuktas Act, 2013. The Supreme Court appointed senior advocate Ranjit Kumar as amicus curiae to ensure all perspectives are considered before a decision …

SC stays Lokpal’s order on HC judges, calls it ‘very disturbing’
1 month ago

SC stays Lokpal’s order on HC judges, calls it ‘very disturbing’

Hindustan Times  

The Supreme Court on Thursday suspended the Lokpal’s January 27 order, which held that India’s anti-corruption ombudsman could probe complaints against high court judges, calling the anti-corruption authority’s interpretation of its own jurisdiction “very disturbing”. The court signalled its strong disapproval of the ombudsman’s stance in entertaining two complaints against the sitting high court judge, observing: “This is something very …

Supreme Court Takes Suo Motu Case Over Lokpal Decision That It Entertain Complaint Against High Court Judge
1 month ago

Supreme Court Takes Suo Motu Case Over Lokpal Decision That It Entertain Complaint Against High Court Judge

Live Law  

The Supreme Court has initiated a suo motu case over a Lokpal decision that it can exercise jurisdiction over High Court Judges.A Special Bench comprising Justice BR Gavai, Justice Surya Kant and Justice Abhay S Oka will hear the suo motu case tomorrow.In the order passed on January 27, the Lok Pal, headed by. The Supreme Court has initiated a …

In Ex-Parte Proceedings, Court Is Not Expected To Blindly Pass Orders In Favour Of The Party Which Is Present: Kerala High Court
1 month, 1 week ago

In Ex-Parte Proceedings, Court Is Not Expected To Blindly Pass Orders In Favour Of The Party Which Is Present: Kerala High Court

Live Law  

The Kerala High Court has held that in ex-parte proceedings, a Court can pass an order in favour of the party present only if they can successfully establish their rights or the liability of the opposite party. The Division Bench comprising of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar added that the court is not expected to blindly …

Supreme Court rules against directing legislature on law enactment
1 month, 1 week ago

Supreme Court rules against directing legislature on law enactment

Hindustan Times  

The Supreme Court on Friday said the courts could not direct the legislature to enact a law in a particular manner. In a writ jurisdiction, neither the high courts nor the Supreme Court can direct the legislature to enact a law in a particular manner," the bench said, while refusing to hear the plea. The petitioner's counsel said Section 230 …

Contempt Jurisdiction Is Independent, Civil Contempt Petitions Need Not Be Placed Before Same Bench Which Passed Original Order: Kerala HC
1 month, 1 week ago

Contempt Jurisdiction Is Independent, Civil Contempt Petitions Need Not Be Placed Before Same Bench Which Passed Original Order: Kerala HC

Live Law  

The Kerala High Court has ordered that it is not necessary to always place a civil contempt petition before the same Bench which passed the order against which the contempt petition was filed. The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu was deciding on a suo motu petition placed before it by the Registry in the …

Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court
1 month, 1 week ago

Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court

Live Law  

The Supreme Court through its recent order, observed that imprisonment of a judgment debtor is a drastic step and to exercise such power, the Court must ensure that the judgment debtor wilfully disobeyed its order. However, before passing an order for detention, the Court must be satisfied that the judgment-debtor, in spite of having an opportunity to obey the decree, …

'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court
2 months ago

'Arbitrator Can Only Decide On Point Which Is Referred To Tribunal, Not Entire Dispute': Kerala High Court

Live Law  

The Kerala High Court Bench of Justice Dr A. K. Jayasankaran Nambiar and Justice Easwaran S. held that if the parties choose to refer to a singular point for arbitration, then the arbitral tribunal cannot proceed to decide on all disputes. On the contrary, if the parties agree to arbitrate on the entire disputes, then the arbitral tribunal shall have …

Kerala High Court quashes delimitation order in eight municipalities, one panchayat
3 months ago

Kerala High Court quashes delimitation order in eight municipalities, one panchayat

New Indian Express  

Kerala HC seeks government’s view on new year party The High Court has sought the state government’s opinion on a petition seeking to prohibit the proposed new year music festival on December 31 at Chulika Estate, a landslide-prone area, organised by Boby Chemmanur. Planning a New Year party there barely six months after the landslide incident?” asked the court and …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
3 months, 1 week ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

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 …

Supreme Court to consider modifying orders that barred High Courts from hearing coal block allocation cases
3 months, 2 weeks ago

Supreme Court to consider modifying orders that barred High Courts from hearing coal block allocation cases

The Hindu  

The Supreme Court on Wednesday said it would consider pleas seeking modification of its earlier orders that barred High Courts from hearing appeals against trial court orders passed in cases related to alleged illegal coal block allocations. The apex court passed two orders between 2014 and 2017 restricting the accused from approaching the High Court and had directed that appeals …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
4 months ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court
4 months, 1 week ago

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

Live Law  

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored. The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. When such a remedy is not …

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
5 months ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity
Trending News
5 months ago

Supreme Court Sets Aside HC Order Dismissing Objections to Decree Due to Procedural Irregularity

Live Law  

The Supreme Court has set aside the High Court's decision dismissing an objection to a decree on the grounds of misapplication of provisions. The court observed that procedural irregularity cannot defeat substantive rights and that the party in whose favor a substantial right has been generated cannot be denied the enjoyment of the right because of some mistake, negligence, inadvertence, …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
6 months, 1 week 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 …

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
6 months, 3 weeks ago

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

Live Law  

The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a person cannot approach the High Court under Article 227 when there is …

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court
7 months, 2 weeks ago

‘Scandalous’: CJI DY Chandrachud lambasts high court's unusual criticism of Supreme Court

Hindustan Times  

The Supreme Court on Wednesday called the criticism of the Punjab and Haryana High Court of its verdict scandalous and unnecessary. Hearing a suo moto case over the high court's unusually harsh observations, a bench headed by Chief Justice of India DY Chandrachud said the Supreme Court was pained by the remarks. The Supreme Court on Tuesday took suo motu …

SC bench to hear Punjab HC’s criticism of its order
7 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses
7 months, 2 weeks ago

The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses

Live Law  

The Indian higher judiciary, represented by the Supreme Court and High Courts, plays a crucial role in adjudicating and interpreting laws within the country's legal framework. 26: Judgment and Orders: Judicial Decisions as Authorities per incuriam has been elucidated as under: “A decision is given per incuriam when the court has acted in ignorance of a previous decision of its …

Supreme Court Weekly Round-Up (20 May-25 May, 2024)
9 months, 3 weeks ago

Supreme Court Weekly Round-Up (20 May-25 May, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. BREAKING | Supreme Court Refuses To Entertain Hemant Soren's Petition Challenging ED Arrest Case Title: Hemant Soren v. Directorate of Enforcement and Anr., …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
10 months, 1 week ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Supreme Court Pulls Up Kerala Govt For Approaching HC Challenging NGT Order Which Was Upheld By SC
10 months, 2 weeks ago

Supreme Court Pulls Up Kerala Govt For Approaching HC Challenging NGT Order Which Was Upheld By SC

Live Law  

The Supreme Court on Friday expressed displeasure at the State of Kerala for filing a writ petition before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. “You should be first concerned about your action as a State by filing a writ petition against an order, against …

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
11 months ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court
11 months ago

Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court

Live Law  

The Kerala High Court single bench of Justice G. Girish held that the exemption provided for under the proviso of Section 12 of the Arbitration and Conciliation Act applies only in cases where there is a waiver explicitly agreed upon in writing by the parties involved. Feeling aggrieved, the Petitioner approached the Kerala High Court under Section 14 read with …

Cross Cases Shall Be Tried By The Same Court To Deter Conflicting Judgements On Similar Set Of Facts: Kerala High Court
11 months ago

Cross Cases Shall Be Tried By The Same Court To Deter Conflicting Judgements On Similar Set Of Facts: Kerala High Court

Live Law  

The Kerala High Court reiterated that the same court shall try cross cases. On analyzing judicial precedents pertaining to trial of cross cases, The Court laid down the following reasons to state that the same court shall try cross cases. The parties sought committal of the case pending before the Magistrate to the Special Court since both cases are cross …

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties
1 year ago

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties

Live Law  

The Supreme Court on Monday set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.Terming the order of the High Court as arbitrary and perverse, the Bench Comprising Justices BR Gavai and Sandeep Mehta found that the order was passed …

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court
1 year, 1 month ago

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Live Law  

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production of …

Supreme Court sets aside HC order criticising Collegium & CM Jagan
1 year, 1 month ago

Supreme Court sets aside HC order criticising Collegium & CM Jagan

New Indian Express  

NEW DELHI: In a relief to the Andhra Pradesh government, the Supreme Court on Friday quashed a controversial order passed by the State High Court in which Justice Rakesh Kumar had strongly slammed the Collegium and Chief Minister YS Jagan Mohan Reddy. The bench was hearing an appeal filed by the State government challenging a December 31, 2020 order passed …

Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court
1 year, 2 months ago

Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court

Live Law  

The Kerala High Court has reiterated that a subsequent overruling judgment cannot disturb the conclusiveness of an inter parte order that has attained finality. By that time, the High Court order dismissing petitioner's revision had attained finality and its conclusiveness could not be altered by a subsequent judgment. The Magistrate however dismissed the application for further investigation moved by the …

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'
1 year, 2 months ago

HC Bench Bound By Judgment Of Coordinate Bench : Supreme Court Stresses Importance Of 'Judicial Discipline'

Live Law  

The Supreme Court, in its recent judgment, highlighted the importance of ensuring judicial discipline. “The rule of 'Judicial Discipline and Propriety' and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions.” “Accordingly, when a decision of a coordinate Bench of same High court …

Supreme Court Ruling On Jurisdiction Limits of Lok Ayukta's Authority under Kerala Lok Ayukta Act
1 year, 3 months ago

Supreme Court Ruling On Jurisdiction Limits of Lok Ayukta's Authority under Kerala Lok Ayukta Act

Live Law  

The Supreme Court recently held that the Lok Ayukta, under the Kerala Lok Ayukta Act 1999, cannot issue positive directions and that it only has the jurisdiction to submit a report to the concerned authority with its recommendations.A bench of Justice Vikram Nath and Justice Rajesh Bindal made reference to the judgments of the Kerala High Court in Sudha Devi …

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court
1 year, 4 months ago

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court

Live Law  

The Kerala High Court recently set aside an order of the Magistrate Court allowing respondent's application in the suit to amend their pleadings stating that amendments, that are not required for adjudicating the real dispute between the parties and are outside the scope of the reliefs sought in the suit, ought not to be allowed. Moreover, the amendment sought for …

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal
1 year, 4 months ago

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal

Live Law  

The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit. The appellant herein had filed an application before the Sub Court, Sulthanbathery, seeking condonation of delay of 3,366 days in filing an appeal against the decree and judgment in …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 5 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 7 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

Modality Proposed By Calcutta HC To CBI For Filing Appeals Not A Mandate : Supreme Court
1 year, 8 months ago

Modality Proposed By Calcutta HC To CBI For Filing Appeals Not A Mandate : Supreme Court

Live Law  

The Supreme Court held that the judgment of the Calcutta High Court, which proposed a mechanism for filing of appeals before the HC against acquittals in CBI cases, should not be treated as a mandate. The High Court, in its order passed on June 8, 2022, had suggested that against an order of acquittal, the Zonal Head should obtain a …

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts
1 year, 8 months ago

Supreme Court Refuses To Interfere With Selection Process To Judicial Services By Gauhati, Gujarat, Patna High Courts

Live Law  

The Supreme Court recently refused to interfere with the selection process to judicial services conducted by the Gauhati High Court, Gujarat High Court and Patna High Court in a batch of matters being heard by the Top Court in a reference made to the Constitution Bench in Tej Prakash Pathak and others v. Rajasthan High Court and others 4 SCC …

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court
1 year, 9 months ago

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court

Live Law  

The Kerala High Court on Monday held that litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court.The Court also took note of the increasing tendency of litigants to approach the High Court for expeditious disposal of lower court cases. The Kerala High …

High Court Has Power To Prescribe Conditions For Inter-District Transfers Of Employees In Administrative Side Of Judiciary: Kerala High Court
1 year, 10 months ago

High Court Has Power To Prescribe Conditions For Inter-District Transfers Of Employees In Administrative Side Of Judiciary: Kerala High Court

Live Law  

The Kerala High Court recently held that High Court has the power to prescribe conditions for inter district transfers of employees in the administrative side of the judiciary. Such control is exclusive in nature, comprehensive in extent and effective in operation.” The Court in this case upheld an Office Memorandum issued by the Registrar General of the High Court, which …

'The Kerala Story' Movie : Supreme Court To Hear On May 15 Plea Challenging Kerala HC's Refusal To Stay Film's Exhibition
1 year, 10 months ago

'The Kerala Story' Movie : Supreme Court To Hear On May 15 Plea Challenging Kerala HC's Refusal To Stay Film's Exhibition

Live Law  

The Supreme Court today agreed to list on May 15 2023 a plea challenging the Kerala High Court order refusing to stay the release of the controversial film 'The Kerala Story', which hit theatres on May 5 2023. The plea moved by journalist Qurban Ali was mentioned by Senior Advocate Kapil Sibal before a bench comprising CJI DY Chandrachud and …

Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court
1 year, 11 months ago

Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court

Live Law  

The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to pay environmental compensation for its illegal and unauthorised mining activities.A challenge to the said order of the National Green Tribunal had been earlier dismissed by the Supreme Court. The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to …

HC Stayed NGT Order After It Was Affirmed By Supreme Court? SC Directs Registry To Communicate Its Orders To Kerala High Court
1 year, 11 months ago

HC Stayed NGT Order After It Was Affirmed By Supreme Court? SC Directs Registry To Communicate Its Orders To Kerala High Court

Live Law  

On being told that the Kerala High Court has stayed an order of the National Green Tribunal - which was earlier upheld by the Supreme Court- the Top Court recently directed its Registry to communicate its orders to the Registrar General of the High Court. A bench comprising Justices MR Shah and CT Ravikumar was hearing a petition filed by …

Kerala High Court Refuses To Interfere With Trial Court's Order For In-Camera Proceedings In Koodathayi Murder Case
2 years ago

Kerala High Court Refuses To Interfere With Trial Court's Order For In-Camera Proceedings In Koodathayi Murder Case

Live Law  

The Kerala High Court on Monday refused to interfere with the order of the trial court that directed proceedings to be held in-camera in the trial for the murder of Roy Thomas, where his wife Jolly Joseph is the prime accused.A single bench of Justice Bechu Kurian Thomas said,"Unless the applicant is able to show that prejudice has been caused …

No Finality For Kerala HC's Observation That Church Assets Are Public Trusts & Not Governed By Canon Law : Supreme Court
2 years ago

No Finality For Kerala HC's Observation That Church Assets Are Public Trusts & Not Governed By Canon Law : Supreme Court

Live Law  

The Supreme Court on Friday clarified that the observations made by the Kerala High Court in Cardinal George Alencherry's case regarding canon law and the power of the Bishops to alienate church assets are prima facie in nature and no finality can be attached to them.While dismissing the petition filed by Alencherry, the Major Archbishop of Syro-Malabar Church, to quash …

Supreme Court quashes Kerala HC order granting anticipatory bail to Nambi Narayanan case accused
2 years, 3 months ago

Supreme Court quashes Kerala HC order granting anticipatory bail to Nambi Narayanan case accused

The Hindu  

The Supreme Court on Friday, December 2, 2022, quashed the anticipatory bail granted by the Kerala High Court to former police and intelligence officers, including retired Kerala Director General of Police Siby Mathews, accused of being part of a conspiracy to frame ISRO scientist Nambi Narayanan in an espionage case in 1994. Ravikumar on the Bench, protected the accused, provided …

Kerala High Court Expresses Concerns About Students Amidst Disputes Between State Govt & Chancellor; Urges To Iron Out Differences
2 years, 3 months ago

Kerala High Court Expresses Concerns About Students Amidst Disputes Between State Govt & Chancellor; Urges To Iron Out Differences

Live Law  

The Kerala High Court on Tuesday reminded that Constitutional functionaries such as the State Government and the Governor ought not to contest litigations with the view to obtain a win, but to ensure that the law is complied with and that the Constitutional imperatives are supported and achieved, and in any case, the students are not made to suffer as …

Only Upholding Law; Kerala Govt Riled as I'm No Rubber Stamp: Guv to News18 on Row over VCs
2 years, 4 months ago

Only Upholding Law; Kerala Govt Riled as I'm No Rubber Stamp: Guv to News18 on Row over VCs

News 18  

Kerala governor Arif Mohammad Khan last week urged the vice chancellors of several universities in the state to quit their offices, sparking a political storm. The governor, who is the chancellor of the universities, made his decision based on a Supreme Court ruling quashing the appointment of the VC of APJ Abdul Kalam Technological University on the ground that it …

Supreme Court Half Yearly Round-Up -[January To June]
2 years, 5 months ago

Supreme Court Half Yearly Round-Up -[January To June]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to …

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