Opening And Closing Stock Of The Year Is To Be Valued By Applying Same Methodology: Kerala High Court

The Kerala High Court has held that the stipulation under Clause 16 of the Income Computation and Disclosure Standards (ICDS) for the adoption of first-in, first-out (FIFO) or weighted average cost for valuation of the stock or inventory cannot be applied in the Assessment Year 2017-2018 for the valuation of the opening stock, as the opening and closing stock of the year are to be valued...

Expenditure Incurred By Way Of Addition To Buildings, Electrical Fittings On Leasehold Premises Is Capital Expenditure: Kerala High Court

The Kerala High Court has held that the expenditure that was incurred by the appellant/assessee by way of addition to buildings and electrical fittings on leasehold premises was in the nature of capital expenditure and not revenue expenditure.The bench of Justice Dr. A.K. Jayasankaran Nambiar has observed that the assessing authority and the First Appellate Authority have clearly relied on...

Prosecution Must Establish Facts Indicating 'Special Knowledge' To Shift Burden Of Proof On Accused U/S 106 Evidence Act: Kerala High Court

Granting benefit of doubt, the Kerala High Court recently acquitted a man held guilty and sentenced to life imprisonment by the Sessions Court for the murder of his 7-year-old daughter.The Division Bench comprising Justice P B Suresh Kumar and Justice M B Snehalatha found that all other persons residing in the house who were present at the time of the alleged incident had stated that the...

[S. 17 Arms Act] Place Of Business Of Armory Shop Is Only A Condition Of Licence That Can Be Varied By Licensing Authority: Kerala High Court

The Kerala High held that place of business of Armory Shop is only a condition of licence which can be varied by the licensing authority suo moto or on the application of the holder of licence as per Section 17 of the Arms Act.Section 17 pertains to variation, suspension and revocation of licences. As per Section 17 (1), the licensing authority may suo moto vary the conditions of licence and...

Courts Not Expected To Form Baseless Apprehensions That Lawyer Will Act Illegally In Discharge Of His Profession: Kerala High Court

The Kerala High Court recently quashed a Special Court order directing a lawyer to file an affidavit stating that the copy of witness statement recorded under Section 164 CrPC will not be "misused" by him.Justice K. Babu said that a lawyer is an officer of the court and Courts are not expected to form an apprehension, without any foundation, that the lawyer may do some illegal acts during...

Will Issue Rules To Regulate Judicial Officers' Conduct While Handling Digital Evidence Containing Sexual Explicit Material: Registry Tells Kerala High Court

The Kerala High Court Registry (District Judiciary) yesterday submitted before the Court that the Registry is in the process of issuing directives to regulate the conduct of judicial officers of the subordinate judiciary while handling electronic evidence containing sexually explicit materials. The Court had laid down the comprehensive guidelines on December 07, 2023 while ordering...

One Accomplice Cannot Corroborate Another: Kerala High Court

The Kerala High Court has held that the court as a matter of practice requires corroboration in material particulars for conviction of an accused on the testimony of an accomplice. The nature and extent of the corroboration required will vary with the circumstances of each case and particular circumstances of the offence alleged in each case.“There need not be independent confirmation of...

Violation Of Bail Conditions Akin To Abusing Liberty Granted By Court: Kerala High Court Upholds Order Cancelling Bail

The Kerala High Court held that violation of bail condition by the accused was akin to misusing the liberty bestowed upon him by the court and was a ground for cancellation of the bail.Referring to Apex Court decisions, Justice A. Badharudeen held that the Court granting bail after imposing conditions has the power to cancel the bail order if any of those bail conditions are violated. “Thus...

Kerala High Court Quashes Disciplinary Proceedings Against Fmr Kasargod College Principal, Cites Extraneous One-Sided Inquiry & Indiscipline Of SFI Students

The Kerala High Court quashed the disciplinary proceedings initiated against Dr. Rema, the former Principal in charge of Government College, Kasargod against whom proceedings were initiated for allegedly misbehaving with students belonging to SFI Union.A disciplinary inquiry was initiated against the petitioner alleging that she spoke about the immoral conduct of girls, drug use amongst...

Trees Can't Be Cut Merely Because They Obstruct Commercial Activities Or Shade Nearby Building: Kerala High Court

In a recent judgment, Kerala High Court ordered that State of Kerala should not permit any request to cut and remove trees on the roadsides without sufficient reasons. The Court directed the State to issue necessary orders to see that no trees on the roadsides of the State are cut and removed merely for the reason that it obstructs commercial activities or shade adjacent building. Trees can...

Kerala High Court Weekly Round-Up: May 20 - May 26, 2024

Citations: 2024 LiveLaw (Ker) 293 To 2024 Livelaw (Ker) 304Nominal IndexAdv. Adarsh S v Union of India, 2024 LiveLaw Ker 293State Of Kerala V Muhammed Ameer-Ul Islam, Muhammad Ameerul-Islam V State Of Kerala, 2024 LiveLaw Ker 294Vinod Mathew Wilson v Union of India, 2024 LiveLaw Ker 295K Sudhakaran v State of Kerala, 2024 LiveLaw Ker 296Anuraj v State of Kerala & Connected Matters,...

Additional Income Can't Be Treated As Concealed Income: Kerala High Court

The Kerala High Court has held that additional income cannot be treated as concealed income for the purposes of Section 271(1)(c) of the Income Tax Act.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that a satisfactory explanation has been offered by the assessee, well before the issuance of a notice to him under Section 148 of the Income Tax Act, and...