Kerala High Court
Ayurvedic Treatment Is Only Incidental To Facilities Provided By Assessee In Resort, Liable To Be Taxed: Kerala High Court
The Kerala High Court stated that ayurvedic treatment is only incidental to facilities provided by assessee in a resort, hence liable to be taxed. “the main activities of the assessee as per the brochures produced before the assessing officer, are canoeing, motor boat cruises, houseboat stay, trekking, Alleppey beach visit, coir factory visit, elephant ride, Kathakali,...
'Thulasithara Sacred For Hindus' : Kerala High Court Directs Police To Take Action Against Man Who Put Pubic Hair In Tulsi
The Kerala High Court stated that appropriate action must be taken against a person accused of plucking hair from his private parts and putting it in Thulasithara. The Court observed that Thulasithara is a sacred place for Hindu religion and that his actions would affect the sentiments of Hindus.Justice P.V.Kunhikrishnan observed that no action was taken against the accused, Abdul Hakkim and...
'Consortium' Is A Fundamental Aspect Of Marriage: Kerala High Court Denies Maintenance To Wife Who Left Husband Without Sufficient Cause
The Kerala High Court stated that a wife who leaves her husband and chooses to live separately without any justifiable reason is disentitled to claim maintenance under Section 125 of CrPC.The Court emphasized that right to each other's society, comfort and affection, commonly known as consortium is a fundamental aspect of marriage. It further stated that when either spouse withdraws from...
Vehicles Registered As Goods Carriage Vehicles Can't Be Classified Under Different Head For Demanding One-Time Tax: Kerala High Court
The Kerala High Court stated that vehicles registered as goods carriage vehicles, could not be classified under a different head for the purposes of demanding one-time tax under the second proviso to Section 3(1) of the Kerala Motor Vehicles Taxation Act. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. stated that “the department cannot alter their...
Kerala High Court Asks State To File Draft Composition Of 'Working Group' Which Will Formulate Rules To Curb Ragging
The Kerala High Court on Wednesday (19th March) asked the State government to file within one week, a draft composition of the working group that is proposed to frame comprehensive Rules to curb the rising menace of ragging in the State.Special Bench comprising Chief Justice Nitin Jamdar and Justice C. Jayachandran had earlier observed that a stronger statutory mechanism is needed to...
Kerala High Court Orally Flags Influential Accused Securing Bail On Health Grounds, Calls It 'Medical Tourism'
While hearing the bail plea of KN Anand Kumar, founder of National NGO's Confederation and accused in CSR Funds Scam, the Kerala High Court flagged the rise in cases of influential accused securing bail on medical grounds.Kumar is in judicial custody at hospital due to cardiac problems and has sought bail on medical grounds. Last week, Justice P. V. Kunhikrishnan had asked the State to...
Kerala High Court Dismisses Plea For Further Probe Into Swami Saswathikananda's Death, Says Investigations Confirm Accidental Drowning
The Kerala High Court has dismissed a petition seeking further investigation under the supervision of an officer not below the rank of Inspector General into the death of Swami Saswathikananda.Swami Saswathikananda was discovered dead at the bathing ghat on the banks of the Periyar river on the morning of July 01, 2002. Justice Kauser Edappagath noted that investigation into the death of...
Quashing Of Drunken Driving Charge U/S 185 MV Act Doesn't Nullify Prosecution Initiated U/S 279 IPC For Rash Driving: Kerala High Court
The Kerala High Court has allowed continuation of prosecution against an alleged offender under Section 279 of the IPC for rash and negligent driving, even while quashing proceedings against him under 185 of the Motor Vehicles Act for drunken driving due to non-compliance of procedural requirements.Justice G. Girish observed that Section 297 of IPC and Section 185 of the MV Act are...
[S.197 CrPC] Want Of Sanction For Prosecution Extended To Members Of Kerala Police Entrusted With 'Maintenance Of Public Order': Kerala HC
The Kerala High Court has held that sanction is required to prosecute members of Kerala Police who are responsible for maintaining public order. The Court also relied upon Sarojini v Prasannan (1996) to clarify that maintenance of public order is a subset of law and order.Notably, Section 197 of CrPC protects judges and public servants from false, vexatious or malafide prosecution. Section...
Kerala High Court Extends Restrictions On Construction Activities In Munnar To Parunthumpara, Manjumala Villages Of Idukki District
The Kerala High Court has barred construction activities in Manjummala and Parunthampara villages of State's Idukki district, without first obtaining a No Objection Certificate from the Revenue Department and building permit from the concerned Local Self Government Institution. The direction will not be applicable to cases in which orders have already been passed by the High Court or...
No Political Songs At Temple Festivals, Says Kerala High Court After Row Over DYFI Revolutionary Songs At Temple Fest
The Kerala High Court ordered the Travancore Devaswom Board to ensure that no activities are permitted in Temple premises which affects its sanctity during annual Temple festivals or other festivals. The Court passed the above order in a writ petition filed aggrieved by performance of revolutionary songs of Democratic Youth Federation of India (DYFI), which is the youth wing of CPI (M), ...
Authorities Should Not Insist On Strict Evidence For Issuing Birth Certificate, Must Adopt Lenient Approach: Kerala High Court
The Kerala High Court recently observed that authorities should take a lenient approach while issuing birth certificate and not insist on strict evidence. In doing so the court quashed a letter issued by the Secretary Mayyanad Grama Panchayat to the parents of a child, rejecting their application for issuance of birth certificate on the ground that an inquiry revealed that no evidence was...