Kerala High Court
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...
So Far 26 FIRs Registered Based On Justice Hema Committee Report: State Tells Kerala High Court
The Kerala government today informed the High Court that 26 FIRs have been registered based on the Justice Hema Committee Report, pursuant to Court's direction to the Special Investigating Team (SIT) to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.The State Government submitted the SIT's Action Taken Report to the Special Bench, Justice A....
Kerala High Court Calls For Protection Of Nurses From Malicious Medical Negligence Cases, Says They Deserve Moral Support
“They should be given moral support by the society and government. They should be allowed to work without fear of any prosecution and let them known as Indian nursing Nightingales.”
Scope of Judicial Review In Technical Matters Related To Infrastructure Projects, Land Acquisition Is Limited: Kerala HC Reiterates
Dismissing an appeal against an order rejecting the challenge to a land acquisition for construction of a Railway Over Bridge (ROB) at Edava in Thiruvananthapuram District, the Kerala High Court reiterated that the scope of judicial review in such technical matters like infrastructure projects and land acquisition is limited.In doing so the court underscored that a balance has to be...
Kerala High Court Weekly Round-Up: October 21 – October 27, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 653 – 678]Ali @Aliyar v State of Kerala, 2024 LiveLaw (Ker) 653Sindhu Sivadas v State of Kerala and Another, 2024 LiveLaw (Ker) 654Sharun v State of Kerala and Others & Connected cases, 2024 LiveLaw (Ker) 655Vinil v State of Kerala , 2024 LiveLaw (Ker) 656Abhirami Girish v State of Kerala and Another, 2024 LiveLaw (Ker) 657Surendra Kumar v...
Failure To Consider Counsel's Medical Condition And Passing Ex-Parte Order Violates Natural Justice Warrants Setting Aside Appellate Authority's Order: Kerala HC
Kerala High Court: A Single Judge Bench of Justice N. Nagaresh set aside the Appellate Authority's ex-parte order in a gratuity dispute between HDFC Bank and its former Vice President. The court found that the Authority's failure to grant reasonable adjournments despite valid medical certificates violated principles of natural justice. The case concerned whether “personal pay”...
Dual Prosecution Under IPC And EPF Act For PF Defaults Valid; Serves Distinct Objectives: Kerala HC
Kerala High Court: A Single Judge Bench of Justice K. Babu upheld the trial court's refusal to discharge S. Mohammed Nowfal, proprietor of Tasty Nuts Factory. The Court held that prosecution under Section 406 IPC for criminal breach of trust involving PF defaults does not require prior sanction under Section 14-AC of the EPF Act. The Court emphasized that the 1973 addition of Explanation...
CWC's Order Cannot Be Based On Personal Moral Values, Must Protect Child's Interests: Kerala HC Gives Custody Of Infant To Breastfeeding Mother
The Kerala High Court quashed an order of Child Welfare Committee (CWC) giving the custody of a one-year child to the father observing that the Committee did not even consider that the child was being breastfed by the mother. Justice V. G. Arun gave the custody of the child to the mother.The CWC had awarded custody to the father after observing that the mother had chosen to stay with a man...
Failure To Place "Information" Of Contempt In Judge's Papers Or With Notice Issued To Contemnor Is An "Incurable Defect": Kerala High Court
The Kerala High Court has made it clear that in case of contempt of court, rules prescribed by the High Court should be strictly followed and any deviation therefrom is fatal to the proceedings.The Division Bench comprising Justice Devan Ramachandran and Justice M. B. Snehalatha noted that once the defect is noticed in the proceedings, any attempt to continue with it can be viewed as one...
Financial Constraints Cannot Override Constitutional Right To Equal Pension Benefits: Kerala HC
Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that pre-2006 Assam Rifles retirees are entitled to revised pension benefits on par with post-2006 retirees. The court rejected the Union of India's financial constraints argument, holding that monetary considerations cannot justify violation of fundamental rights. Following Supreme Court precedents, the court...