Properties belonging to school cannot be mortgaged without obtaining permission from the authorities as per provisions under Kerala Education Act – Kerala High Court. The 5th respondent who is an Educational Agency without giving a mandate in Rule 1 of Chapter X and without obtaining permission from the authorities, and Section 6 of the Kerala Education Act, has mortgaged the properties of the School, describing it as residential properties, even though it belongs to the School and lying ...

A delinquent should be informed specifically about the imputations against him and the Statement of Allegations should be capable of disclosing what exactly has been alleged against him/her. High Court allows Writ Petition filed by the General Manager of the Pharmaceutical Corporation Kerala Ltd assailing Memo of Charges issued by the Corporation, imputing certain instances of misconduct and misdemeanor against him and also the subsequent order of suspension. The court on finding that there ar...

Speedy investigations and trial are constitutional protection enshrined in Article 21 of the Constitution.-Kerala High court reiterates Twelve year old FIR against the husband was quashed by High Court as the parties have settled their entire disputes long ago. High Court held, that further continuation of prosecution against the petitioner will only result in an abuse of the process of law. Greik Xavier v. Sub Inspector of Police & Ors. Hon'ble Mr. Justice K. Babu Decided on August 25,...

For recalling a witness there has to be a strong and valid reason and it should not prejudice the accused. – Kerala High Court The Judicial First Class Magistrate Court, Chalakudy allowed the prosecution application to recall the only occurrence witness, who is the defacto complainant, to identify the Accused No 2 in a chain snatching case. High Court on appeal by the Accused No 2 reversed the order of Magistrate on the grounds that serious prejudice will be caused to the accused if the w...

A child born from a void/ voidable marriage which has been annulled will have right to ancestral property of the parents of a Joint Hindu family governed under the Mitakshara law and not in the property of any other person. Supreme Court answers reference Revanasiddappa & Anr. v. Mallikarjun & Ors. Hon’ble Chief Justice of India Dhananjaya Y Chandrachud, Hon’ble Justice J. B. Pardiwala & Hon’ble Justice Manoj Misra Decided on 1st September, 2023 For full textclick ...