Kerala High Court Quarterly Digest: July - September, 2024 [Citations: 397 - 607]

Nominal Index [Citations: 2024 LiveLaw (Ker) 397 – 607]Sali T. v Keezhmadu Service Co-operative Bank, 2024 LiveLaw (Ker) 397Arshad v State of Kerala, 2024 LiveLaw (Ker) 398Association of Clinical Microbiologists and Biochemists v Akhil James and Others, 2024 LiveLaw (Ker) 399Satish Motilal Bidri v Union Of India, 2024 LiveLaw (Ker) 400N S Gopakumar v The Oriental Insurance Company Ltd.,...

“Only Three Days Were Given To Assessee To Respond To Show Cause Notice”: Kerala High Court Sets Aside Reassessment Order

The Kerala High Court set aside an order in reassessment proceedings that was issued without providing the assessee an opportunity to respond to the show cause notice. The Bench of Justice Gopinath P. observed that “the show cause notice was issued on 12-03-2024, giving only three days' time to the assessee to respond, and the order was issued on 20-03-2024………...

S.129 CGST/SGST Act | Penalty Only For Violations With Intent To Evade Tax Or Repeated Violations; Not For Minor Discrepancies : Kerala High Court

The Kerala High Court held that tax/ penalty under Section 129(1)(a) or 129(1)(b) of the CGST/ SCGST can be imposed only for violations which may lead to evasion of tax or which was done with the intention to evade or in case of repeated violations.Justice P. Gopinath observed:“It is declared that the provision of Section 129 of the CGST/ SGST Acts do not authorize the imposition of...

'Media Too Has Right To Free Speech': Kerala HC Refuses To Gag Reporting On Wayanad Rehabilitation But Calls For "Responsible Journalistic Conduct"

After reports purportedly criticizing the Kerala government and State Disaster Management Authority (KSDMA) over quantum of funds put towards rehabilitation process in landslide hit Wayanad, the Kerala High Court has called for responsible journalistic conduct from the media personnel.Though the Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. refused to...

"We Need To Get Wayanad Back": Kerala High Court Seeks Centre's Response Over Non-Disbursal Of Relief Funds After Landslides

The Kerala High Court today sought response from the Central government regarding disbursal of funds for disaster relief in Wayanad.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. had previously noted that the National Disaster Management Response Fund and the Prime Minister's Relief Fund have not released any amounts for Disaster Relief to the State...

Unauthorised Hoardings Under Nose Of Govt In Capital City Trivandrum 'Distressing': Kerala High Court

The Kerala High Court has observed that unauthorized Boards/ Hoardings installed in violation of its orders, particularly in the capital city of Trivandrum, is a serious issue considering the Secretaries of the Government and other authorities are seated there.The observation was made by Justice Devan Ramachandran while hearing a 2018 plea concerning unauthorized boards/ banners and...

Referring To A Woman As Prostitute In Front Of Others Not Offence Of 'Insulting Modesty' U/S 509 IPC, May Be Another Offence: Kerala HC

The Kerala High Court has held that referring to a woman as prostitute in front of others is not insulting the modesty of woman as defined under Section 509 of Indian Penal Code (IPC).The petitioners who reside in the same flat building of the complainant was alleged to have told other inmates of the flat building and nearby shop owners that the complainant was a prostitute. The police filed...

Kerala HC Frowns Upon 'Restrictive Interpretation' Of PPF Scheme By Combing Parent And Child's Account To Calculate Yearly Limit On Deposit

The Kerala High Court has observed that beneficial schemes like the Public Provident Fund (PPF) encourage adults or guardians to open accounts on behalf of minors. The Court thus stated that the PPF scheme cannot be restrictively interpreted and contributions from parents and children made into separate accounts should not be calculated collectively to determine the deposit limit. In this...

Kerala High Court Calls For Case Diary In Plea Against Minister Saji Cherian, Booked For Allegedly Making Insulting Remarks Against Constitution

The Kerala High Court yesterday directed to produce the case diary regarding the investigation conducted into the allegations that Minister for Fisheries, Culture, and Youth Affairs Saji Cherian made insulting remarks against the Indian Constitution.The Court passed the above order in a plea moved by a lawyer seeking a re-investigation by the CBI. The plea alleges that the Minister committed...

If Registered Persons In Headload Workers Scheme Applicable Area Have Desired Skills, Only They Can Load/Unload Delicate Articles: Kerala HC

The Kerala High Court has recently held that if registered head load workers working in an area covered by the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, have the required skills and experience in handling delicate/sophisticated articles, then they are to be engaged for loading and unloading work. A single judge bench of Justice V. G. Arun came to this conclusion...

Kerala HC Declines To Quash Case Against Priest Who Allegedly Engaged In Sexual Intercourse On Pretext Of Marriage By Offering To Leave Priesthood

The Kerala High Court had declined to quash proceedings against a priest who allegedly committed sexual intercourse with a lady by giving her promise to marriage, by making her believe that he would give up his priesthood.The crime was registered against the Priest by the complainant for offences punishable under Sections Section 376, 376(2)(n) and 342 of the IPC. Justice A. Badharudeen held...

Pottukuthal In Erumely Sree Dharma Shastha Temple: Kerala HC Directs Dewaswom Board To See That No Money Is Collected For Pottukuthal

The Kerala High Court directed the Travancore Devaswom Board to ensure that no persons collect money from the devotees for applying Vibhoothi/ Sindoor or Chandanam in Sree Dharma Shastha Temple, Erumely. This direction was given as the Board submitted before the Court that 3 mirrors are placed in the nadapanthal and aanakottil of the temple during masapooja and mandalam-makaravilakku period...