No Plausible Explanation For Inordinate Delay To Lodge FIR: Kerala HC Grants Interim Bail To Actor Balachandra Menon In Sexual Assault Case

The Kerala High Court has granted interim bail till November 21, 2024, to Malayalam actor Balachandra Menon in a sexual assault case filed against him after the publication of the Justice Hema Committee Report.Justice C S Dias observed that the de facto complainant has not given a plausible explanation for the inordinate delay in lodging the FIR in 2024, when the alleged crime took place...

Decision On Categorisation Of Wayanad Landslide Disaster Will Be Done In Two Weeks: Centre To Kerala High Court

The Additional Solicitor General Adv. A. R. L. Sundaresan informed the Kerala High Court that the High-Level Committee will take a decision on the categorization of the Wayanad landslide.The Amicus curiae Adv. Ranjith Thampan submitted before the Court that if the disaster is categorized as a Level 3 Disaster, various avenues of relief and rehabilitation will be open to the State. He urged...

Public Prosecutor Cannot Just Act As Per Instructions Of Govt, Must Apply Mind Before Withdrawing Case: Kerala High Court

The Kerala High Court held that the Public Prosecutor has to apply his mind independently on the material before him and decide whether to withdraw a case even if the Government has ordered for withdrawal. The Single Bench of Justice K. Babu observed that the Public Prosecutor should independently decide that such a case is fit for withdrawal even if there is a direction from the...

Plea In Kerala High Court Seeks Restrictions On Entry Of Non-Hindus To Temples Under Cochin Devaswom Board

A plea has been moved before the Kerala High Court seeking the Court to declare that persons belonging to other religious faiths are not allowed to enter the Temples or Temple compounds under the Cochin Devaswom Board.The Division Bench of Justice Anil K Narendran and Justice P G Ajithkumar has given time to the Cochin Devaswom Board to file their counter affidavit. The petition has been...

Tax Planning Is Permissible But Evasion Is Impermissible: Kerala HC On Husband Transferring Portion Of Residential Building To Wife To Evade Luxury Tax

The Kerala High Court has dismissed the petition moved by a husband who transferred a portion of his residential building to his wife's name to secure an exemption from payment of luxury tax under Section 5A of the Kerala Building Tax Act, 1975It is to be noted that as per Section 5A of the Kerala Building Tax Act, 1975, a luxury tax is charged on a residential building if its plinth...

Five New Additional Judges Sworn In, Kerala High Court To Function With 45 Judges For The First Time

Five new additional judges were sworn in at the Kerala High Court today.1. Shri Paramesara Panicker Krishna Kumar2. Shri Kodassery Veliyath Madom Jayakumar3. Shri Muralee Krishna Shankaramoole4. Shri Jobin Sebastian5. Shri Pandikkaran Varadaraja Iyer BalakrishnanYesterday, the notification was issued by the Central Government appointing them as Additional Judges. The oath was administered by...

Kerala High Court Strikes Down Rule 96(10) of CGST Rules Retrospectively, Finds Them Ultra Vires To CGST Act

The Kerala High Court struck down Rule 96(10) of the Central Goods and Service Tax Rules holding that it was ultra vires to the Section 16 of the Integrated Goods and Service Tax Act and was manifestly arbitrary.Justice P. Gopinath noted that Section 16 has not imposed any restriction in availing refund of taxes paid on input goods and input services or claiming refund of IGST after payment...

Centre Notifies Appointment Of Five Additional Judges To Kerala High Court

The Central government has notified the appointment of five additional judges to the Kerala High Court of Kerala.The following are the names:1. Shri Paramesara Panicker Krishna Kumar2. Shri Kodassery Veliyath Madom Jayakumar3. Shri Muralee Krishna Shankaramoole4. Shri Jobin Sebastian5. Shri Pandikkaran Varadaraja Iyer BalakrishnanThe Kerala High Court collegium had recommended their elevation...

Judicial Officer Cannot Be Browbeaten For Convenience Of A Party: Kerala High Court Dismisses Transfer Petition Alleging Bias, Imposes ₹15K Cost

The Kerala High Court has dismissed a transfer petition which was filed alleging bias of judicial officer with a cost of fifteen thousand rupees, finding that the petition was meritless and was used as a ploy to delay the court proceedings.In the facts of the case, the petitioner husband approached the High Court seeking the transfer of matrimonial dispute cases, alleging the Presiding...

Assessment Order Passed Before Expiry Of Time To File Reply Is Liable To Be Set Aside: Kerala High Court

The Kerala High Court stated that any assessment order issued before the time allowed for filing a reply has no legal validity and can be overturned.The Bench of Justice Gopinath P. observed that “…….the assessee had filed an appeal against the order is no ground to refuse relief to the assessee as the original order was clearly issued in violation of principles of...

Condonation Of Delay Application Should Focus On Sufficient Reason, Not Merits Of Claim U/S 119(2)(B) Of Income Tax Act: Kerala High Court

The Kerala High Court stated that an application for condonation of delay should focus on whether there was sufficient reason to condone the delay under Section 119(2)(B) of the Income Tax Act, rather than on the merits of the assessee's claim.Section 119(2)(B) of the Income Tax Act, 1961 empowers CBDT to direct income tax authorities to allow any claim for exemption, deduction, refund and...

Plea In Kerala High Court Seeks To Prevent 'Fake Doctors' By Establishing Centralized Portal For Verification, Conducting Inspections

A plea has been moved before the Kerala High Court urging the implementation of necessary measures to curb the increasing number of fake doctors practising in the state.Justice V G Arun has posted the matter to November 25 for instructions. The Petitioner, General Practitioners Association is a society registered under the Travancore Cochin Literary Scientific and Charitable...