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Kerala High Court Case Commentaries

Reaffirming the Exceptionality of CBI Investigations: Kerala High Court’s Stance

Reaffirming the Exceptionality of CBI Investigations: Kerala High Court’s Stance

Date: Jan 7, 2025
Reaffirming the Exceptionality of CBI Investigations: Kerala High Court’s Stance 1. Introduction The Kerala High Court, in the Judgment titled Manjusha K v. Central Bureau of Investigation, addressed...
Clarifying the Scope of Section 19 of the POCSO Act and Its Relationship with Section 197 CrPC

Clarifying the Scope of Section 19 of the POCSO Act and Its Relationship with Section 197 CrPC

Date: Dec 21, 2024
Clarifying the Scope of Section 19 of the POCSO Act and Its Relationship with Section 197 CrPC Introduction The Kerala High Court’s decision in George P.O. v. State of Kerala (Crl.M.C No.5970 of...
Extraordinary Circumstances and Relaxation Powers: Kerala High Court Upholds COVID-19-Based Exemption in Departmental Tests

Extraordinary Circumstances and Relaxation Powers: Kerala High Court Upholds COVID-19-Based Exemption in Departmental Tests

Date: Dec 21, 2024
Extraordinary Circumstances and Relaxation Powers: Kerala High Court Upholds COVID-19-Based Exemption in Departmental Tests 1. Introduction The case Sajeev N., Senior Tax Assistant, v. Anumol P. S....
Recognition of LWA Seniority and Age-Based Test Exemptions in Headmaster Appointments

Recognition of LWA Seniority and Age-Based Test Exemptions in Headmaster Appointments

Date: Dec 21, 2024
Recognition of LWA Seniority and Age-Based Test Exemptions in Headmaster Appointments Introduction The above Judgment, delivered by the Kerala High Court in the case of John Varghese v. Laila Beegam...
Exclusion of Limitation Constraints on Arbitration under the National Highways Act: A Landmark Ruling

Exclusion of Limitation Constraints on Arbitration under the National Highways Act: A Landmark Ruling

Date: Dec 3, 2024
Exclusion of Limitation Constraints on Arbitration under the National Highways Act: A Landmark Ruling Introduction This Judgment by the Kerala High Court in the matter of National Highways Authority...
Kerala High Court Sets New Precedent on Writ Appeal Maintainability and Intermediary Orders in Land Allotment Disputes

Kerala High Court Sets New Precedent on Writ Appeal Maintainability and Intermediary Orders in Land Allotment Disputes

Date: Nov 18, 2024
Kerala High Court Sets New Precedent on Writ Appeal Maintainability and Intermediary Orders in Land Allotment Disputes Introduction The case of Union Territory of Lakshadweep v. Salmikoya K. is a...
Enhancement of Compensation in Motor Accident Claims: Key Principles from NIYAS v. MOHANA

Enhancement of Compensation in Motor Accident Claims: Key Principles from NIYAS v. MOHANA

Date: Nov 14, 2024
Enhancement of Compensation in Motor Accident Claims: Key Principles from NIYAS v. MOHANA 1. Introduction The case of NIYAS v. MOHANA addressed significant issues pertaining to compensation in motor...
“Intact Hymen Not Conclusive of Non-Occurrence”: New Principle Under BNSS 2023 in POCSO Proceedings

“Intact Hymen Not Conclusive of Non-Occurrence”: New Principle Under BNSS 2023 in POCSO Proceedings

Date: Nov 2, 2024
Intact Hymen Not Conclusive of Non-Occurrence: New Principle Under BNSS 2023 in POCSO Proceedings Introduction This commentary analyzes the recent decision in XXXXXX v. State of Kerala, delivered by...
Kerala High Court Narrows Documentary Access in Disciplinary Proceedings: Director v. Dr. Vinu Thomas (2024)

Kerala High Court Narrows Documentary Access in Disciplinary Proceedings: Director v. Dr. Vinu Thomas (2024)

Date: Oct 26, 2024
Kerala High Court Narrows Documentary Access in Disciplinary Proceedings under Rule 15 of the KCS (CCA) Rules — A Commentary on Director v. Dr. Vinu Thomas (2024) 1. Introduction The Division Bench...
Establishing Bilateral Consent as a Prerequisite for Valid Cancellation of Sale Deeds

Establishing Bilateral Consent as a Prerequisite for Valid Cancellation of Sale Deeds

Date: Sep 6, 2024
Establishing Bilateral Consent as a Prerequisite for Valid Cancellation of Sale Deeds Introduction The case of AMMINI v. THE STATE OF KERALA before the Kerala High Court on September 5, 2024, deals...
Kerala High Court Affirms Limited Standing for Associations in Transfer Order Challenges under Kerala Administrative Tribunals Act

Kerala High Court Affirms Limited Standing for Associations in Transfer Order Challenges under Kerala Administrative Tribunals Act

Date: Sep 5, 2024
Kerala High Court Affirms Limited Standing for Associations in Transfer Order Challenges under Kerala Administrative Tribunals Act Introduction In the landmark case of State of Kerala, Represented by...
Kerala High Court Establishes Precedent on Revisiting Contributory Negligence in Motor Accident Claims in AJEESH v. VARGHESE

Kerala High Court Establishes Precedent on Revisiting Contributory Negligence in Motor Accident Claims in AJEESH v. VARGHESE

Date: Aug 31, 2024
Kerala High Court Establishes Precedent on Revisiting Contributory Negligence in Motor Accident Claims in AJEESH v. VARGHESE Introduction The case of AJEESH (DECEASED) v. VIBITHA VARGHESE adjudicated...
“Prospective-Yet-Trigger-Driven”: Kerala High Court Clarifies that Post-2018 Sanction under S.19 P.C. Act Is Mandatory If Cognizance Is Taken After 26-07-2018—even for Pre-Amendment Offences—and Denies S.197 CrPC Shield to Officers of Government Companies

“Prospective-Yet-Trigger-Driven”: Kerala High Court Clarifies that Post-2018 Sanction under S.19 P.C. Act Is Mandatory If Cognizance Is Taken After 26-07-2018—even for Pre-Amendment Offences—and Denies S.197 CrPC Shield to Officers of Government Companies

Date: Jul 25, 2024
“Prospective-Yet-Trigger-Driven”: Kerala High Court Clarifies that Post-2018 Sanction under S.19 P.C. Act Is Mandatory If Cognizance Is Taken After 26-07-2018—even for Pre-Amendment Offences—and...
Enforcement of Prohibitory Injunctions and Ambiguity in Decrees: Insights from Satheesan Nair v. Nizaruideen

Enforcement of Prohibitory Injunctions and Ambiguity in Decrees: Insights from Satheesan Nair v. Nizaruideen

Date: Jun 20, 2024
Enforcement of Prohibitory Injunctions and Ambiguity in Decrees: Insights from Satheesan Nair v. Nizaruideen Introduction The case of Satheesan Nair v. Nizaruideen adjudicated by the Kerala High...
Timing of Disgorgement Applications under the Companies Act:  Shone George v. Ministry of Corporate Affairs (Kerala HC, 2024)

Timing of Disgorgement Applications under the Companies Act: Shone George v. Ministry of Corporate Affairs (Kerala HC, 2024)

Date: May 31, 2024
Timing of Disgorgement Applications under the Companies Act: Shone George v. Ministry of Corporate Affairs (Kerala High Court, 30 May 2024) 1. Introduction The decision of the Kerala High Court in...
Kerala High Court's Landmark Ruling on Compensation Determination in Land Acquisition

Kerala High Court's Landmark Ruling on Compensation Determination in Land Acquisition

Date: Apr 5, 2024
Kerala High Court's Landmark Ruling on Compensation Determination in Land Acquisition Introduction In a pivotal judgment delivered on April 4, 2024, the Kerala High Court addressed critical issues...
Kerala High Court Upholds Eligibility for Public Service Despite Past Minor Offenses and Acquittals

Kerala High Court Upholds Eligibility for Public Service Despite Past Minor Offenses and Acquittals

Date: Mar 16, 2024
Kerala High Court Upholds Eligibility for Public Service Despite Past Minor Offenses and Acquittals Introduction In the case of Bineesh Babu v. The State of Kerala, adjudicated by the Kerala High...
Jurisdictional Clarity in Arbitration Appeals: Insights from Alexander Luke v. M/S Aditya Birla Money Ltd

Jurisdictional Clarity in Arbitration Appeals: Insights from Alexander Luke v. M/S Aditya Birla Money Ltd

Date: Feb 15, 2024
Jurisdictional Clarity in Arbitration Appeals: Insights from Alexander Luke v. M/S Aditya Birla Money Ltd Introduction The case of Alexander Luke v. M/S Aditya Birla Money Ltd adjudicated by the...
Kerala High Court Reinforces the Necessity of Personal Hearing under Section 148A of the Income Tax Act

Kerala High Court Reinforces the Necessity of Personal Hearing under Section 148A of the Income Tax Act

Date: Jan 13, 2024
Kerala High Court Reinforces the Necessity of Personal Hearing under Section 148A of the Income Tax Act Introduction The case of The Income Tax Officer vs. Asamananoor Service Co-operative Bank Ltd...
Ashiya Ummal v. S.N. Sathy: Establishing the Binding Nature of Compromises Without Direct Signatories

Ashiya Ummal v. S.N. Sathy: Establishing the Binding Nature of Compromises Without Direct Signatories

Date: Jan 4, 2024
Ashiya Ummal v. S.N. Sathy: Establishing the Binding Nature of Compromises Without Direct Signatories 1. Introduction The case of Ashiya Ummal v. S.N. Sathy adjudicated by the Kerala High Court on...
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