'Hema Committee Report Reveals Commission Of Cognizable Offences': Kerala High Court Directs SIT Probe As Per Section 173(3) BNSS

The Kerala High Court has directed the Special Investigating Team (SIT), constituted by the Government to inquire into the allegations made in the Justice Hema Committee Report, to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Section 173 of the BNSS deals with the registration of FIR when information is received regarding the commission of...

Issuance Of Summons U/S 70 Of CGST Act Doesn't Initiate Proceedings U/S 6(2)(B) Of CGST Act: Kerala High Court

The Kerala High Court held that the initiation of an enquiry or the issuance of summons under Section 70 of the CGST Act cannot be deemed to be initiation of proceedings for the purpose of Section 6(2)(b) of the CGST Act. The Bench of Justice Gopinath P. observed that “The term 'initiation of any proceedings' is no doubt a reference to the issuance of a notice under the provisions...

Kerala High Court Constitutes Committee For Welfare, Happiness And Grievances Of Judicial Officers

The Kerala High Court has constituted a Committee for the Welfare, Happiness and Grievances of Judicial Officers of the District Judiciary. The committee was constituted following the orders made by Justice A. M. Mustaque while he was serving as Acting Chief Justice of the High Court.An email id has been created exclusively for redressing the grievances of the judicial officers. A...

Kerala High Court Advises Celebrities To Exercise Self-Restraint, Avoid Depicting Women In Derogatory Manner

The Kerala High Court today orally advised actors and celebrities to restrain from taking up roles and characters that depict women in a derogatory manner.The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, constituted to hear matters connected with the report of Justice Hema Committee, observed that since celebrities are capable of influencing the public, they have...

Actress Assault Case : Kerala High Court Dismisses Survivor's Application To Quash Fact-Finding Inquiry On Memory Card

The Kerala High Court dismissed the application filed by the survivor in the 2017 actress sexual assault, involving Malayalam actor Dileep. The survivor filed the application to set aside or quash the fact-finding inquiry report dated January 08, 2024, submitted by the Ernakulam Sessions and District Judge. The application also sought to appoint a Special Investigation Team to investigate...

Kerala High Court Weekly Round-Up: October 7 – October 13, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 617 – 633]Shastra Sharman Namboothiripad and Others v State of Kerala, 2024 LiveLaw (Ker) 617Santhosh K S v State of Kerala & Connected Cases, 2024 LiveLaw (Ker) 618Suo Motu Proceedings Initiated by High Court v State of Kerala and Others, 2024 LiveLaw (Ker) 619Abdul Noushad @ Noushad Ahsani v State of Kerala, 2024 LiveLaw (Ker) 620Navas P K...

Decision To Treat Employees Quitting Service Due To Disability Differently From Those Retiring On Superannuation Is A Policy Matter: Kerala High Court

A single Bench of Kerala High Court comprising Justice N. Nagaresh dismissed a writ petition filed by P.K. Jayan, a goods auto driver, seeking enhancement of his disability pension under the Kerala Motor Transport Workers Welfare Fund Board Scheme. The court ruled that the petitioner was only entitled to the disability pension as per the Scheme's provisions, not the higher...

Section 74 Of CGST Act Can Be Invoked If Assessee Fails To Report Actual Sales To Evade Tax: Kerala High Court

The Kerala High Court stated that provisions of section 74 of CGST Act can be invoked if assessee fails to report actual sales to evade tax. The Bench of Justice Gopinath P. observed that “It is for the assessee to get his claim adjudicated by the statutory authorities under the CGST / SGST Acts. The procedure under Article 226 of the Constitution of India cannot be invoked...

Kerala High Court Allows Travancore Devaswom Board To Continue Selection Process Of Melsanthies Of Sabarimala, Malikappuram Temples

The Kerala High Court on Friday granted permission to the Travancore Devaswom Commissioner to publish the select lists of candidates for drawing the lots on October 17 for selection of Melsanthies (Head Priests) for Sabarimala and Malikappuram Devaswoms for the year 2024-25.The Sabarimala and Malikappuram Temple come under the Travancore Devaswom Board, and traditionally Melsanthies of...

Reassessment Proceedings Can't Be Initiated Against Deceased Assessee: Kerala High Court Directs Fresh Proceedings Against Legal Heir

Kerala High Court ruled that reassessment proceedings cannot be initiated against a deceased taxpayer (assessee). The Bench of Justice Gopinath P. observed that “the procedure contemplated by Section 148A of the Income Tax Act, 1961 contemplates the issuance of a show cause notice etc., before reassessment proceedings are commenced. This cannot be a mere...

Kerala High Court Orders Crime Branch Investigation Into Theft At Residence Of Former Kollam Bar Association President

The Kerala High Court has ordered a crime branch investigation into the theft conducted at the residence of the former President of the Bar Association of Kollam.The petitioner approached the Court alleging that inaction on the part of the police in investigating the theft that allegedly took place at his residence in April 2023. Justice Bechu Kurian Thomas ordered thus: “Petitioner is a...

Physical Contact During Resistance Is Not 'Unwelcome, Explicit Sexual Overture': Kerala HC Quashes FIR Against Teacher U/S 354, 354A(1) IPC

While quashing an FIR against a man booked under IPC Sections 354 and 354A(1) who allegedly had an altercation with a woman, the Kerala High Court observed that physical contact as part of resistance cannot be termed as an unwelcome and explicit sexual overtures. The order was passed in a plea moved by the Director of Youth Welfare and Member of the Syndicate Board of Cochin University of...