Freeze Order by ED under PMLA has no legs to stand if ECIR is quashed and there is no further FIR on a predicate offence. Kerala High Court allows the WP preferred by the MD, Manappuram Finance and sets aside the ED’s freeze order. In an earlier order where the parties are ad idem reported in 2023 (5) KLT 443 the Court has quashed ECIR. The axiomatic question was whether the freeze order issued under Section 17(1A) of PMLA is now sustainable. The Court held that any investigation against ...

High Court of Kerala to remain closed on 28.09.2023 on account of Milad-I-Sherif. The notification however specified that 27.09.2023 will be a working day for the High Court. For notificationclick here

Supreme Court refers the question of validity of unstamped arbitration agreements to Seven-Judge Bench SC while hearing a curative petition has decided to re-examine the validity of a recently pronounced five judge constitution bench decision - NN Global Mercantile v. Indo Unique Flame2023 KLT OnLine 1429 (SC) wherein it was held that an arbitration agreement which attracts stamp duty and which is not stamped or insufficiently stamped cannot be acted upon. M/s Bhaskar Raju and Brothers and Anr ...

Balancing custody battles: Kerala High Court explains ‘paramount interest’ in child custody matters when parents relocate to foreign destinations. The Court observed that merely because there is a parental battle for custody, it cannot be said that one should remain locally available forever. In this case the mother relocated to New Zealand for better job opportunities. If the relocation is for better fortune, that cannot be held against her from claiming custody, provided that the ...

Eligibility of a divorced daughter of a freedom fighter for freedom fighters’ pension must be assessed based on facts and not on patriarchal assumptions. –– Kerala High Court The petitioner herein contests the denial of Freedom Fighters' Pension based on her status as a dependent divorced daughter, arguing against the assumption of financial support from her well-off brothers.The Court interpreting Rule 11A highlights that the benefit under the Kerala Freedom Fighters Pens...