Kerala High Court
Kerala High Court Grants Interim Protection From Arrest To Palakkad MLA Rahul Mamkootathil In Rape, Miscarriage Case
The Kerala High Court on Saturday (December 6) granted interim protection from arrest to Palakkad MLA Rahul Mamkootathil, who is arraigned in a rape and miscarriage case.When the case came up for consideration, Justice K. Babu made it clear that Mamkootathil cannot be arrested during the pendency of his anticipatory bail application. "During the pendency of the application, I will not...
Issued Circular On Guidelines For Public Prosecutors' Appointment : State Tells Kerala High Court
The Kerala High Court was on Friday (December 05) informed that a circular has been issued by the Law Secretary of the State regarding guidelines for the appointment of Public Prosecutors. The Director General of Prosecution submitted that the circular is in consonance with the directions issued in Suo Motu v. State of Kerala and Others. Noting the development, the Division Bench of Chief...
Availability Of Bail Cancellation Doesn't Bar Preventive Detention Under PIT-NDPS Act: Kerala High Court
The Kerala High Court has held that there is no illegality in passing a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act), even when the remedy of bail cancellation is available against the detenu.A Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian were...
Income Tax Appeal Cannot Be Rejected Solely For Assessee's Non-Appearance Before CIT(A): Kerala High Court
The Kerala High Court has held that an Income Tax Appeal cannot be rejected solely for the assessee's non-appearance before the Commissioner of Income Tax (Appeals). Justice Ziyad Rahman A.A. stated that none of the provisions in Section 250 of the Income Tax Act permit the appellate authority to reject the appeal on the ground of non-appearance of the assessee/appellant,...
Interest On Delayed Agricultural Income Tax Not Deductible U/S 37 Income Tax Act: Kerala High Court
The Kerala High Court has held that interest on delayed agricultural income tax is not deductible under Section 37 Income Tax Act. Section 37 of the Income Tax Act provides deductions on expenses which are directly related to a business's operations. Justices A. Muhamed Mustaque and Harisankar V. Menon examined whether the interest paid on account of the delayed payment...
Income From Public Religious/Charitable Trusts Not Eligible For Exemption U/S 10(23BBA) Income Tax Act: Kerala High Court
The Kerala High Court has held that income derived from public religious/charitable trusts is not eligible for exemption under Section 10(23BBA) of the Income Tax Act. Section 10(23BBA) of the Income Tax Act, 1961, provides a complete exemption from income tax for the income of a body or authority that has been established, constituted, or appointed under any Central,...
Classification Of Goods Is Factual Issue, Not For Writ Court To Decide: Kerala High Court Upholds Seizure & Provisional Release Conditions
The Kerala High Court has held that the classification of 'Nata de Coco' is a factual matter that must be decided by the adjudicating authority through statutory proceedings and not by the writ court. Justice Ziyad Rahman A.A. stated that since it is a statutory proceeding contemplated under Section 124 of the Act, which should be followed from the proceedings under Section 110 of...
State Funding, Digital Case Management, E-Mediation: Amicus Suggests Measures To Kerala High Court To Revamp Mediation Centres
The amicus curiae appointed by the Kerala High Court in its suo motu case to address the infrastructural and other issues in the mediation/ADR centres in the State, has filed a detailed preliminary report.The Court had earlier observed that the main infrastructural issues faced by the mediation centres are lack of proper place/venue for conducting mediation, inability to ensure...
Palakkad MLA Rahul Mamkootathil Moves Kerala High Court Seeking Pre-Arrest Bail In Rape Case
Palakkad MLA Rahul Mamkootathil has moved the Kerala High Court seeking anticipatory bail in the rape and miscarriage case alleged against him.Yesterday, his plea before the Principal District and Sessions Court was dismissed noting that serious allegations have been made out against him, prima facie.Mamkootathil is arrayed as the 1st accused in the crime registered by the Nemom Police and...
Sabarimala Gold Theft: Former TDB Officers Murari Babu & N Vasu Move Kerala High Court Seeking Regular Bail
The Kerala High Court on Friday (December 5) asked the prosecution to take instructions on two bail pleas preferred by R. Murari Babu, who is the 2nd accused in the Sabarimala gold theft case.He is the former Administrative Officer of the Travancore Devaswom Board (TDB) and was suspended from the post of Deputy Devaswom Commissioner when the crimes were registered by the Special...
Kerala High Court Directs KeLSA To Pay ₹5 Lakh Interim Compensation To Acid Attack Survivor For Treatment Expenses
The Kerala High Court recently directed the Kerala State Legal Services Authority (KeLSA) to disburse an amount of ₹5 lakhs as interim compensation to a victim of an acid attack to meet her urgent requirement for treatment.The plea before Justice C. Pratheep Kumar was preferred by an acid attack victim, who was attacked by two persons in 2016 when she was getting down in front of her house...
Lower Conversion Factor Applicable For Timber Imports Before 11.5.2012: Kerala High Court Allows Refund Of Additional Customs Duty
The Kerala High Court has held that a lower conversion factor is applicable for timber imports made before 11.05.2012. Justice Ziyad Rahman A.A. examined the issue regarding the refund of additional customs duty paid for the import of timber from Myanmar and other foreign countries. The centre of controversy was the conversion factor to be applied for converting the Hoppus Ton,...