Whether Tourism Department Vehicles Carrying Constitutional Dignitaries Use Backlit Boards Contrary To Rules? Kerala High Court Asks Govt

The Kerala High Court sought response from the Government on whether Tourism Department vehicles carrying constitutional dignitaries and authorities are fitted with backlit name boards and registration plates contrary to the Central Motor Vehicles Rules and flouting safety standards.The Division Bench comprising Justice Anil K.Narendran and Justice Harisankar V. Menon observed thus: “On a...

Gain From Selling Of Property Kept For Investment To Be Taxed Under 'Capital Gains': Kerala High Court

The Kerala High Court has held that when a property kept not for trade but for investment purposes is sold, the gain has to fall under the head 'capital gains' and such a transaction is only taxable under capital gain and not under adventure of trade. The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that the burden is upon the Department to show that...

Migrant Workers: Kerala High Court Seeks Response From Govt About Their Living Conditions, Registration Process In State

The Kerala High Court has sought response from the State Government about the registration process and living conditions of migrant workers in the State.The development comes in a petition seeking consideration of representations submitted before the Secretary of the Labour Department, urging action to identify and register the ingress of migrant workers in the State.The Division Bench...

Vehicle Attached Under BUDS Act Can Be Auctioned Before Trial, Priority Is To Distribute Proceeds Among Victims Of Offense: Kerala High Court

The Kerala High Court held that to auction a vehicle attached under Banning of Unregulated Deposit Schemes Act (BUDS Act), the competent authorities need not wait till the end of the trial.The Court held that the scheme of BUDS Act is to give priority to realise assets in the custody of accused and distribute the proceeds among the victim of the offence. The Act says that an application...

Human Rights Commission A Quasi-Judicial Body, Must Pass Reasoned Orders: Kerala High Court

The Kerala High Court has held that the Human Rights Commission being a Quasi-Judicial Body is bound to follow the principles of natural justice and must pass reasoned orders after considering the merits of the complaint.Justice Syam Kumar V.M set aside an order issued by the Kerala State Human Rights Commission (SHRC) on finding that an unreasoned order was passed mechanically...

Denial Of Credit For Non-Registration Thiruvabhranam Commissioner Of Under KVAT Act Is Unjust: Kerala High Court

The Kerala High Court has held that the petitioner/assessee has paid tax at the prescribed rate on the materials procured by him from the Travancore Devaswom Board, and since this amount has already been paid over to the State Exchequer, any denial of credit to the assessee solely on the ground that the Travancore Devaswom Board/Truvabharanam Commissioner was not registered under the KVAT...

Kerala High Court Commutes Death Sentence Of Man For Murdering 3 & 7 Yr-Old Nephews, Imposes 30-Yr Rigorous Imprisonment Sentence

The Kerala High Court has commuted the death penalty imposed upon Thomas Chacko alias Shibu to 30 years of rigorous imprisonment without remission for murdering his nephews aged 3 and 7. The Court also imposed a fine of rupees 5 lakh upon the accused which shall be paid to the mother of the deceased children.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam...

Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth

The Kerala High Court has granted bail to a 23-year-old woman who had been in judicial custody for 80 days for allegedly throwing her infant child from her apartment building onto the road in an attempt to conceal the birth.Justice C.S. Dias considered the fact the petitioner was an unmarried young lady who was a rape victim. The Court ordered thus: “ On an overall consideration of the...

[KAAPA] Detention Order Can Be Quashed If Representation Of Detenu Is Not Considered In Timely Manner: Kerala HC

The Kerala High Court held that if the Government fails to consider the representation of a person put in preventive detention under the Kerala Anti-Social Activities Prevention Act (KAAPA) in a prompt manner, his right guaranteed under Article 22(5) is violated and due to this reason, the detention order can be quashed.Article 22(5) of the Constitution says that every person who is...

Accused Cannot Unilaterally Ask Victim Or Witnesses To Undergo Narco Analysis/ Lie Detection Test To Prove Defence Case: Kerala High Court

The Kerala High Court has held that an accused cannot unilaterally demand the victim or witnesses to subject themselves to lie detection tests like Narco Analysis Test or Polygraph Test to prove defense case.The petitioner, who is the first accused in a sexual assault case has approached the High Court for conducting lie detection test on the minor victim and her parents to prove his...

Kerala High Court Weekly Round-Up: July 16 – July 21, 2024

Nominal Index [Citations: 2023 LiveLaw (Ker) 437-458]Remya Haridas v State of Kerala and Others, 2024 LiveLaw (Ker) 437Abdul Razak v Union of India, 2024 LiveLaw (Ker) 438Vivek Joy v State of Kerala & Connected Case, 2024 LiveLaw (Ker) 439Soman T. N. v Additional District Collector and Others, 2024 LiveLaw (Ker) 440Joby George v Siby Valloran, 2024 LiveLaw (Ker) 441Sajith Shyam v State...

"Adjustment Period Is Needed, We Are Also Learning": Kerala High Court In PIL Challenging Hindi Titles Of New Criminal Laws

The Kerala High Court has asked the petitioner who challenged the Hindi titles for the new criminal laws whether the matter was justiciable. The case came for hearing before the bench of Acting Chief Justice A. M. Mustaque and Justice S. Manu.“First you tell us what is the justiciable act? What can be brought before the Court? What cannot be brought before the Court? We are not the authority...