Difficulties Faced On Initial Phase Of GST Implementation, Kerala High Court Sets Aside Disallowance Of ITC

The Kerala High Court recently addressed the difficulties faced by small scale dealers during the initial phases of GST implementation in understanding the provisions of GST Act. Justice Dinesh Kumar Singh set aside the orders of the assessing authority disallowing the input tax credit claims of the petitioners and observed thus,“The period involved is 2017-18 when the GST regime was...

Kerala High Court Directs Vigilance To Return Rs 47 Lakh Seized From IUML Leader KM Shaji's House

The Kerala High Court on Tuesday ordered return of the amount seized by Vigilance from the house of Indian Union Muslim League (IUML) leader and former MLA K M Shaji. Justice Ziyad Rahman A.A. directed that the amount of Rs. 47.35 Lakh shall be released on Bank guarantee."...when it comes to the question of the release of the articles in favour of the accused, the court should adopt a...

Muslim Wife Initiating Divorce Not Entitled To Maintenance From Husband U/S 125 CrPC From Date Of 'Khula': Kerala High Court

The Kerala High Court has held that a Muslim wife who effected her divorce by pronouncement of 'Khula' cannot claim maintenance from her husband under Section 125 CrPC, after effecting Khula. Divorce by 'Khula' is a divorce at the instance of, and with the consent of the wife, by which she gives or agrees to give a consideration to the husband for her release from the marriage...

VSSC Exam Impersonation Case: Kerala High Court Calls For Strict Action Against 'Fraudulent Practices' To Secure Govt Jobs, Refuses Bail

The Kerala High Court on Monday rejected the bail application of a person accused of impersonating a candidate in the VSSC Tenchnican-B(Fitter) examination. While refusing bail, Justice Mohammed Nias C.P. observed, "Impersonating in a competitive examination like one conducted by the VSSC has to be dealt with sternly. Fraudulent practices to gain public employment cannot be countenanced by...

Professional Film Reviews Different From Motivated Bad Film Reviews : Kerala High Court

The Kerala High Court on Tuesday asked the State Police Chief to be mindful of professional reviews of a film while devising mechanism against motivated bad reviews that are solely aimed to blackmail the makers or to hamper film's success.Justice Devan Ramachandran said there is a difference between a professional review of a product, including a movie, and a personal opinion about the...

Kerala High Court Permits Temporary Conversion Of Paddy Land For Highway 6-Laning Project

The Kerala High Court has permitted the temporary conversion of paddy land for the purpose of a Highway 6-Laning Project. Noting that the application for permission to temporarily convert the paddy land in question had been made for a public purpose, the Single Judge Bench of Justice N. Nagaresh observed that non-availability of alternate land is no more a condition or requirement for grant...

CRPF | Govt Order Extending Compassionate Employment By Curing Defects In Earlier Order Applies Retrospectively: Kerala High Court

The Kerala High Court recently held that a Government Order issued to cure the defects of an earlier order will operate retrospectively from the date of the earlier order because the latter Government order can only be treated as curing the defects that existed in the earlier order.A Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed that the government did...

[POCSO] Kerala HC Orders Against Disclosure Of Reports Of DNA Profiling Done On Brother Of Minor Victim Without Consent/Permission Of Court

The Kerala High Court recently directed the State not to disclose the reports of DNA profiling done on a person, whose blood sample was collected without his consent or the permission of the jurisdictional court. The petitioner, who is the brother of the victim girl, was alleged to have committed sexual assault on the latter, and thereby alleged to have committed under Sections 376 &...

[POCSO] Kerala HC Orders Against Disclosure Of Reports Of DNA Profiling Done On Brother Of Minor Victim Without Consent/Permission Of Court

The Kerala High Court recently directed the State not to disclose the reports of DNA profiling done on a person, whose blood sample was collected without his consent or the permission of the jurisdictional court. The petitioner, who is the brother of the victim girl, was alleged to have committed sexual assault on the latter, and thereby alleged to have committed under Sections 376 &...

“Insult To Motherhood”: Kerala High Court Denied Anticipatory Bail To Mother of Minor For Facilitating Rape By Stepfather.

The Kerala High Court dismissed the anticipatory bail application of the mother of a minor daughter for facilitating the stepfather to commit rape and sexual assault on the minor child.Justice Gopinath P. observed that the allegations against the mother, if proved true, were an insult to the motherhood. The Court also noted that since biological mother was arrayed as an accused, she might be in...

Kerala High Court Weekly Round-Up: October 2 - October 8, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 531-547] The Ramapuram Regional Service Co-Operative Bank v State of Kerala 2023 LiveLaw (Ker) 531NBCC India Ltd. & Anr. v. Joshy Varghese and connected matter 2023 LiveLaw (Ker) 532Mallika v. Sree Mutharamman Temple Trust & Anr. and connected matter 2023 LiveLaw (Ker) 533Gugulloth Lakshman IPS v. State of Kerala & Anr. 2023 LiveLaw...

Vehicle Cannot Be Seized Under Kerala Conservation Of Paddy Land Act Without Specific Allegation Of Use For Contravention: High Court

The Kerala High Court recently laid down that as per Section 19 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (hereinafter, 'the Act, 2008'), a vehicle could be seized only when it is used or deemed to have been used for any activity in contravention of the provisions of the Act. Justice Bechu Kurian Thomas, explained that this was because seizure is a drastic power which...