Money Laundering – Attachment of Property – Provisional Attachment Order Upheld - The petitioners challenged the PAO attaching properties allegedly linked to proceeds of crime under the PMLA, arguing non-compliance with mandatory provisions, including the absence of reasons to believe and the lack of connection between attached properties and proceeds of crime – The Court upheld ...
Amendment of Recruitment Rules – Validity of Preliminary Notifications – Section 35 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 – Prescribed Qualifications for Appointments – Amended Rules Not Finalized – Petitioners Not Entitled to Relief – The Court held that a preliminary notification issued by the Travancore Devaswom Board in 2008 to amen...
Criminal Writ - Habeas Corpus – Custody of Minor – Applicability of Section 6 of the Hindu Minority and Guardianship Act, 1956 – The petitioner, a biological father, filed a habeas corpus petition alleging illegal custody of his minor son (aged 9 years) with the maternal grandparents (respondents) – Held: The petitioner, being the natural guardian under Section 6 of the Hin...
Labour Law - Maintainability of Industrial Dispute - Definition of Workman - Section 2(s) of the Industrial Disputes Act, 1947 - Supervisory Role and Salary Ceiling - Tribunal lacked jurisdiction - The Workman, designated as Senior Charge Hand, performed supervisory and administrative duties and earned above the statutory salary ceiling - Held: Employee does not qualify as a "workman" un...
Appointment – Essential Qualifications – Petitioner challenged the appointment of respondents 6 and 7 to the post of Tradesman – Contention that B.Tech does not qualify as a higher educational qualification for the post – Special Rules prescribe ITI or equivalent certificates – Court held B.Tech degree as a qualification in the same faculty, thus pre-supposing the low...
Criminal Law – Quashing of FIR – Appellant petitioners sought quashing of FIR under Sections 420, 406, 467, 468, 471, and 120-B of IPC – FIR was registered post the enactment of Bhartiya Nyaya Sanhita (BNS) 2023 – Dispute between family members regarding the alleged forgery of a will and manipulation of property records – Petitioners argued that with the repeal of the...
Encroachment Removal – Interim Protection – Petitioners challenged the demolition of structures on land claimed to be private, arguing that the JDA’s actions were beyond their authority under Section 72 of the JDA Act, as the land was not public. The court considered the interim prayer due to the Vacation Bench's limited role and emphasized that individual cases were not adju...
Selection of Melsanthies – Non-Compliance with Court Orders – Eligibility Criteria for Selection – The petition raised issues concerning the selection process for the appointment of Melsanthies at Sabarimala and Malikappuram temples – The court observed that the Travancore Devaswom Board permitted candidates to submit fresh experience certificates, contrary to earlier court...
Labour Law - Jurisdiction of Labour Court - Minimum Wages Act vs. Industrial Disputes Act - The petitioner challenged the Labour Court’s direction to pay differential minimum wages to a workman engaged through a contractor, arguing the Labour Court lacked jurisdiction under Section 33-C(2) of the Industrial Disputes Act to determine disputed wage claims. Held: The Minimum Wages Act provides ...
Preventive Detention – Subjective Satisfaction of Detaining Authority – Judicial Review – Detention Order Quashed – The detaining authority failed to establish a live and proximate link between the grounds of detention and the alleged activities of the detenue – Subjective satisfaction was vitiated due to lack of material evidence and application of mind – Decis...
