Sales Tax Officer And Not District Collector Empowered To Permit Payment Of Sales Tax Dues In Instalments: Kerala High Court

The Kerala High Court has made it clear that under the Kerala General Sales Tax Act 1963 and Rules, the assessing authority empowered to permit payment of sales tax dues in instalments is the Sales Tax Officer.Justice Dinesh Kumar Singh observed thus:“The Kerala General Sales Tax Acts and Rules empowers the assessing authority ie.,the Sales Tax Officer to grant 6 instalments as per the provisions of Rules 30(B) of the KGST Rules.”The petitioner had approached the High Court against orders issued...

Writ Courts Can't Hear Appeals Against Municipality Decisions Granting/ Refusing Licence To Occupy Public Place In Absence Of Malafide: Kerala HC

The Kerala High Court has held that writ jurisdiction cannot be invoked under Article 226 of the Constitution to challenge the decisions issued by the Municipality, especially on grant or refusal of a licence or permission to occupy a public place, unless the order was illegal or bad in law. Justice Bechu Kurian Thomas further held that the Municipal Authorities are empowered to make such decisions considering the interests of both the Municipality and the public.“This Court cannot sit...

Delayed Preventive Detention Not Having 'Proximate Link' With Prejudicial Activity Infringes Detenu's Article 21, 22 Rights: Kerala High Court

The Kerala High Court has held that there must be a live and proximate link between the prejudicial activities committed by a detenu and the issuance of order for his detention.A Division Bench comprising Justice P.B. Suresh Kumar and Justice P.G. Ajithkumar observed that detention after prolonged delay creates a serious doubt regarding the genuineness of the detention order. “...the unreasonable delay between the prejudicial activities of the detenu and the purpose of detention would create a...

Kerala High Court Dissolves 38 Yrs Old Marriage, Says Retaining Marriage Even After Irretrievable Break Down Amounts To Cruelty

The Kerala High Court on Wednesday reiterated that retaining a marriage that has irretrievably broken down would amount to cruelty to both parties, and no meaningful purpose would be served by the same.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas, took note of a recent Apex Court decision which laid down that keeping parties together despite irretrievable breakdown of marriage amounts to cruelty on both sides [2023 LiveLaw (SC) 727].The 60-year-old...

Kerala High Court Dismisses Lottery King Santiago Martin's Appeal Against ED Attachments

The Kerala High Court on Thursday dismissed Lottery King Santiago Martin's appeal against the Single Judge's dismissal of his plea challenging ED's attachment orders, freezing his and his company's movable assets under the Prevention of Money Laundering Act, 2002 (PMLA).The Division Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun passed the order today. Distributor of Sikkim Lotteries and its Managing Director Martin had approached the Court earlier this month...

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

The Kerala High Court on Wednesday reiterated that Section 438(4) of the Code of Criminal Procedure (CrPC) does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438(4) excludes the grant of pre-arrest bail to offences under Sections 376(3), 376-AB, 376-DA or 376-DB of the IPC, which pertain to the offence of rape or gang rape with a minor woman under the age...

Registration Act | Inadmissibility Of Unregistered Documents Has To Be Raised When Marked In Evidence During Trial: Kerala High Court

The Kerala High Court recently held that a document which was to be compulsorily registered under Section 17 and 49 of the Registration Act, if unregistered, then it cannot be admitted in evidence.Justice A. Badharudeen also clarified that if the parties have not raised objection to the unregistered document while it was marked as evidence during the trial stage, then they cannot raise...

Plea In Kerala High Court Seeks Investigation Of Kandala Co-Operative Bank Scam By Crime Branch Or SIT

A plea has been moved in the Kerala High Court seeking investigation of the Kandala Service Co-Operative Bank scam to be entrusted to the Crime Branch or in the alternative seeking constitution of a Special Investigation Team to conduct the probe in the matter. The issue relates to the siphoning off of an amount of over Rs 180 crores in the Saving Bank Accounts and Fixed Deposits of...

SC Community Status, Physical Disability No Grounds To Remain In Infinite Possession Of Kiosks Allotted By State's Development Authority: Kerala HC

The Kerala High Court recently held that no person could seek to remain in possession of a commercial enterprise under the Greater Cochin Development Authority (GCDA) ad infinitum, irrespective of their credentials. Justice Devan Ramachandran held so while hearing a petition filed by a handicapped person belonging to the Scheduled Caste community seeking to retain his possession of...

Paddy Land Act | Authority Must Consider Feasibility Of Paddy Cultivation While Deciding Plea To Delete Property From Data Bank: Kerala High Court

"It cannot be said that the land is suitable for paddy cultivation, merely because it was once cultivated with paddy and it is described as paddy land in revenue records"

Can't Invoke Article 226 To Impose Penalties U/S 20 RTI Act Against Information Officers: Kerala High Court

The Kerala High Court has recently held that writ jurisdiction under Article 226 cannot be invoked to impose penalties against the Information Officers under the Right to Information Act, 2005 (RTI).Justice Murali Purushothaman ruled that the Central Information Commission or the State Information Commission was the competent authority under section 20 of the Act to order penalties against...

DNA Tests Cannot Be Conducted To Clear A Mere Suspicion Regarding Child's Paternity In The Absence Of Specific Denial Of Paternity : Kerala High Court

The Kerala High Court, upholding an order passed by the Family Court, stated that DNA test cannot be conducted merely because the parties have a dispute or suspicion regarding paternity.Justice A. Badharudeen observed that DNA test or other scientific tests can only be resorted to when there was a specific denial of paternity of the child. “It has to be held further that when DNA test cannot...