Strict implementation of the provisions of section 37 of the NDPS Act is the need of the hour, and any relaxation thereon will have serious and irreparable ramifications – Kerala High Court. Nandakumar v. State of Kerala Hon’ble Justice Ziyad Rahman A.A. Decided on 3rd August, 2023 For Petitioner : Adv. Nireesh Mathew For Respondent : Adv. C.S.Hrithwik-(SR.PP) For full textclick here

A party who is aggrieved by the inaction on the part of the court in initiating action for giving false evidence, can only move such court with an application under Section 340(1) CrPC and cannot move jurisdictional Magistrate Court directly with a private complaint. Kerala High Court sets aside the order passed in favour of a wife who preferred a private complaint against husband for giving false evidence in Family Court. Wife was given liberty to approach Family Court for relief. Sajith.N.K ...

Candidates who have been selected nearly six years ago cannot be unseated as same would be against public interest. Supreme Court in Kerala Higher Judicial Service Examination case Petitioners challenged the minimum cut-off marks for the viva voce for selection of candidates as contrary to Kerala State Higher Judicial Services Special Rules 1961. Apex Court held that an individual who claims a benefit or entitlement based on the doctrine of substantive legitimate expectation has to establish t...

Once the Government grants exemption to a property for a commercial or industrial purpose invoking Section 81(3) of the Kerala Land Reforms Act knowing that the land is described as “Nilam” in Revenue records, the Government cannot later turn around and say that the activities permitted under the exemption order cannot be carried out. Kerala High Court sets aside a memo stopping filling up of land which is intended to provide a logistic park facilitating smooth traffic of Containers...

A proceeding initiated under the D.V. Act before a Judicial Magistrate of the First Class cannot be transferred to a Family Court. — Kerala High Court A female in a living-in-relationship may also file an application under Section 12 of the Domestic Violence Act. Kerala High Court held that since a Family Court is empowered to entertain only disputes between the parties to a marriage, a transfer of proceedings initiated under DV Act to Family Court cannot be entertained. Vineet Ganesh v....