Kerala High Court
Kerala High Court Quashes Punishment On Sub-Engineer At Kerala State Electricity Board Invoked Based On 'Factum Valet' Doctrine
The Kerala High Court quashed the punishment imposed upon a Sub-Engineer of the Kerala State Electricity Board Limited (KSEBL) and exonerated him from all the charges for the delay in issuance of a provisional assessment order, which was imposed by the disciplinary authority by invoking the doctrine of Factum Valet. For context, the doctrine of Factum Valet which means that an act that was...
What Should Be The Notional Income Of A 5-Yr-Old Minor In A Motor Accident Claim? Kerala High Court Answers
The Kerala High Court has fixed the notional income at rupees 17, 325 per month for a 5-year-old minor boy, who has been in a state of paraparesis and lost his childhood since a 2016 accident.The Insurance Company challenged the Tribunal's decision to fix the notional income to rupees 8,000 per month. Justice Easwaran S. referred to Master Ayush v. The Branch Manager, Reliance General...
Kerala High Court Weekly Round-Up: November 18 – November 24, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 727 – 747]Nimija v State of Kerala, 2024 LiveLaw (Ker) 727Case Title: TNS India Pvt. Ltd. and Another v State of Kerala, 2024 LiveLaw (Ker) 728Aji v State of Kerala, 2024 LiveLaw (Ker) 729Visakh v State of Kerala and Another, 2024 LiveLaw (Ker) 730X v State of Kerala, 2024 LiveLaw (Ker) 731K K Damodaran & Co. v Union of India, 2024 LiveLaw...
Grants For Daily Expenses Are Not Consideration For Services Rendered By Assessee, Not Liable To Tax: Kerala High Court
The Kerala High Court stated that financial grants provided to the assessee for covering daily operational expenses do not qualify as payment (consideration) for any services that the assessee might be providing and are not liable to tax. The Bench of Justice Gopinath P. observed that “The assessee has only received grants to meet its day-to-day expenses including...
Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. Justice P. V. Kunhikrishnan in its order said that the fourth exception to Section 499 IPC says that, it is not defamation to publish a substantially true report of the...
Not Considering Income Tax Assessee's Request For Personal Hearing Violates Natural Justice: Kerala High Court
The Kerala High Court held that the income tax authorities, by not considering a request for personal hearing has violated the principles of natural justice. Justice K. Babu observed that due to this violation, the orders passed without considering the assessee's request is bound to be set aside.“The adherence to principles of natural justice as recognized by all civilized States is of...
'Inordinate Delay In Registering FIR', Kerala High Court Grants Anticipatory Bail To Malayalam Actor Baburaj In Sexual Harassment Case
The Kerala High Court has allowed the anticipatory bail application moved by Malayalam film actor Baburaj in connection with allegations of sexual harassment that came to light following the Hema Committee report, with stringent conditions. The Court has directed actor Baburaj to surrender before the Investigating officer in ten days.The crime was registered against him at the Adimali...
Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants
The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason.In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of Kerala Administrative Tribunal upholding his...
For 'Recruitment By Transfer', Condition Prescribed In Notification Must Be Scrupulously Followed Until Appointment: Kerala High Court
While hearing a plea against the rejection of a man's candidature to the post of a typist on account of his promotion prior to recruitment to the post, the Kerala High Court said that 'recruitment by transfer' under the relevant rules requires that the condition prescribed in the concerned recruitment notification is scrupulously followed till appointment is effected.It observed that when...
Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor
While permitting a 16-year-old school going girl to terminate her over 26-week-pregnancy, the Kerala High Court said that the mental trauma undergone by the minor girl who had been stated to be subjected to "repeated sexual assault", cannot be an irrelevant consideration.In doing so the court allowed an appeal by the survivor's mother challenging a single judge's order which had rejected...
Registry To Obtain 'Administrative Order' From Chief Justice For Listing Cases Deviating From Roster: Kerala High Court
The Kerala High Court has said that its Registry will seek "administrative orders" from Chief Justice if it receives any judicial orders to connect cases from a different roster without any assigned specific reason or without a direction to obtain permission from the Chief Justice. The court was hearing a suo motu matter under the Judicial Practice and Procedure roster. The Registry had...
Department Can't Reopen Assessment If Limitation Period Expired Before Amendment Extending Timeline: Kerala High Court
The Kerala High Court stated that the department cannot reopen an assessment that has already been settled by issuing a fresh notice if the period of limitation had expired before the date of the amendment extending the timeline for reopening.The Division Bench of Justices A.K. Jayasankaran Nambiar and K.V. Jayakumar observed that “…….no doubt, in those cases where the erstwhile period...