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Kerala High Court | Writ Jurisdiction Cannot Compel Bank to Continue One Time Settlement | OTS Terms Binding, Cancellation for Non-Compliance Valid, SARFAESI Mechanism to Be Invoked

Kerala High Court | Writ Jurisdiction Cannot Compel Bank to Continue One Time Settlement | OTS Terms Binding, Cancellation for Non-Compliance Valid, SARFAESI Mechanism to Be Invoked

Safiya Malik     The High Court of Kerala Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. has held that a party cannot invoke the writ jurisdiction under Article 226 of the Constitution to compel a bank not to cancel a One Time Settlement (OTS) facility. The Court ruled that contractual conditions under an OTS sanction letter, including automatic cancellation for...

Kerala High Court | Regular Bail Granted to Former MLA and Associate in ₹20 Crore PMLA Case | Continued Detention Held Unwarranted

Kerala High Court | Regular Bail Granted to Former MLA and Associate in ₹20 Crore PMLA Case | Continued Detention Held Unwarranted

Safiya Malik                                                                                                                                                    &n...

Kerala High Court | NDPS Conviction Set Aside | [S.276 CrPC] Accepting Chief Affidavit As Evidence and [S.52A NDPS Act] Sampling Without Magistrate Supervision Held Invalid

Kerala High Court | NDPS Conviction Set Aside | [S.276 CrPC] Accepting Chief Affidavit As Evidence and [S.52A NDPS Act] Sampling Without Magistrate Supervision Held Invalid

Safiya Malik   The High Court of Kerala Single Bench of Justice Johnson John set aside the conviction and sentence imposed by the trial court under Sections 22(b) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court held that the prosecution was vitiated on account of procedural violations relating to evidence recording under Section 276 of the Code of Criminal Procedure, 1973, and sampling requirements...

Kerala High Court Grants 10-Day Leave To Life Convict To Attend LLB Internship | Cites Right To Education And Precedent Allowing Prisoners To Pursue Studies

Kerala High Court Grants 10-Day Leave To Life Convict To Attend LLB Internship | Cites Right To Education And Precedent Allowing Prisoners To Pursue Studies

Isabella Mariam   The High Court of Kerala Single Bench of Justice P.V. Kunhikrishnan directed the prison authorities to grant a convicted prisoner leave for attending his mandatory law internship. The court held that the convict, currently pursuing a law degree, is entitled to temporary release to fulfill academic requirements. Accordingly, the Superintendent of the Central Prison was instructed to grant ten days of ordinary leave...

Kerala High Court | Clarity Sought on TDB’s ‘Global Ayyappa Sangamam’ | Bar on Devotees’ Funds, Pamba Riverbank Requires Highest Sanctity

Kerala High Court | Clarity Sought on TDB’s ‘Global Ayyappa Sangamam’ | Bar on Devotees’ Funds, Pamba Riverbank Requires Highest Sanctity

Sanchayita Lahkar   The High Court of Kerala Division Bench of Justice Devan Ramachandran and Justice Syam Kumar V.M. admitted a public interest litigation challenging the conduct of the proposed “Global Ayyappa Sangamam.” The Court directed the Travancore Devaswom Board to ensure that all actions pertaining to the event strictly comply with obligations prescribed under the Travancore-Cochin Hindu Religious Institutions...

Kerala High Court | Chain Snatching Case | Recovery of Stolen Articles Under Section 27 Evidence Act Not Sufficient for Conviction Without Identification of Accused

Kerala High Court | Chain Snatching Case | Recovery of Stolen Articles Under Section 27 Evidence Act Not Sufficient for Conviction Without Identification of Accused

Sanchayita Lahkar   The High Court of Kerala Single Bench of Justice Dr. Kauser Edappagath held that a conviction based solely on recovery evidence under Section 27 of the Indian Evidence Act and presumption under Section 114(a) of the same Act cannot be sustained in law. The Court set aside the concurrent findings of the trial court and the appellate court, ultimately acquitting the accused of the charges. In its final directive,...

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