Kerala High Court
Person Can't Be "Tied Down" To Religion Of Birth: Kerala High Court Permits Change Of Religion In School Certificates
The Kerala High Court has allowed the plea moved by two youngsters seeking to change their religion in their school certificates since they have embraced a new religion. It stated that even if there is a lack of a specific provision enabling change of religion in school certificates, the petitioners are entitled to correct their religion in their records on embracing a new religion.Justice...
"Improper": Kerala High Court Pulls Up State Public Service Commission For Destroying Records During Pendency Of RTI Application
The Kerala High Court stated that the Kerala Public Service Commission (KPSC) has the power to destroy records in accordance with the Office Manual prescribing record preservation procedures and Rules made under the Kerala Destruction of Records Act. However, the Court deemed that it was improper for the KPSC to destroy records while an application under the Right to Information Act...
Kerala High Court Reserves Order In KIIFB And Dr Thomas Isaac's Plea Challenging ED Summons In Masala Bonds Case
The Kerala High Court has reserved orders in the writ petitions filed by Kerala Infrastructure Investment Fund Board (KIIFB) and Dr Thomas Isaac challenging the summons issued against them by the Enforcement Directorate in connection with the 'masala bonds' case.Justice T R Ravi on hearing the arguments of KIIFB, Dr Isaac and ED reserved it for orders. Senior Advocate Jaideep Gupta, appearing...
BREAKING | Kerala High Court Stays Publication Of Justice Hema Commission Report On Issues Faced By Women In Film Industry
The Kerala High Court has passed an interim order of stay for one week on an order of the State Information Commissioner directing to make Justice Hema Commission Report public. Tomorrow was the last date given by the Commission to publish the report. The Commission had said that it was in the larger public interest that the report be made public.The Justice K. Hema Committee was established...
Kerala High Court Dismisses Indian Medical Association's Petition Challenging GST Levy On Supply Of Goods And Services To Its Members
The Kerala High Court has dismissed the writ petition filed by the Indian Medical Association challenging the levy of GST on supply of goods and services to its members.The bench of Justice Dinesh Kumar Singh has observed that the Parliament/State Legislature has amended Section 7(a) by inserting Section 7(aa) by the Finance Act, 2021. The amendment is neither beyond legislative competence...
'Astonishing': Kerala High Court Orders Removal Of Large Scale Encroachments In And Around Ashtamudi Lake In Kollam
The Kerala High Court has directed the Kollam Sub Collector to initiate action to remove illegal encroachers from in and around Ashtamudi Lake within a period of six months.The Division Bench comprising Acting Chief Justice Mr. A.Muhamed Mustaque and Justice S Manu directed the District Police Chief to assist the Sub Collector by deploying necessary police personnel for removing the...
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...