Plea In Kerala High Court Seeks Investigation Of Kandala Co-Operative Bank Scam By Crime Branch Or SIT

A plea has been moved in the Kerala High Court seeking investigation of the Kandala Service Co-Operative Bank scam to be entrusted to the Crime Branch or in the alternative seeking constitution of a Special Investigation Team to conduct the probe in the matter. The issue relates to the siphoning off of an amount of over Rs 180 crores in the Saving Bank Accounts and Fixed Deposits of...

SC Community Status, Physical Disability No Grounds To Remain In Infinite Possession Of Kiosks Allotted By State's Development Authority: Kerala HC

The Kerala High Court recently held that no person could seek to remain in possession of a commercial enterprise under the Greater Cochin Development Authority (GCDA) ad infinitum, irrespective of their credentials. Justice Devan Ramachandran held so while hearing a petition filed by a handicapped person belonging to the Scheduled Caste community seeking to retain his possession of the...

Paddy Land Act | Authority Must Consider Feasibility Of Paddy Cultivation While Deciding Plea To Delete Property From Data Bank: Kerala High Court

"It cannot be said that the land is suitable for paddy cultivation, merely because it was once cultivated with paddy and it is described as paddy land in revenue records"

Can't Invoke Article 226 To Impose Penalties U/S 20 RTI Act Against Information Officers: Kerala High Court

The Kerala High Court has recently held that writ jurisdiction under Article 226 cannot be invoked to impose penalties against the Information Officers under the Right to Information Act, 2005 (RTI).Justice Murali Purushothaman ruled that the Central Information Commission or the State Information Commission was the competent authority under section 20 of the Act to order penalties against...

DNA Tests Cannot Be Conducted To Clear A Mere Suspicion Regarding Child's Paternity In The Absence Of Specific Denial Of Paternity : Kerala High Court

The Kerala High Court, upholding an order passed by the Family Court, stated that DNA test cannot be conducted merely because the parties have a dispute or suspicion regarding paternity.Justice A. Badharudeen observed that DNA test or other scientific tests can only be resorted to when there was a specific denial of paternity of the child. “It has to be held further that when DNA test cannot...

GST - Input Tax Credit Cannot Be Denied To Purchaser Merely Because Seller Didn't Record Transaction In GSTR-2A Form: Kerala High Court

The Kerala High Court recently held that Input Tax Credit (ITC) cannot be denied to a purchaser merely on ground of non-reflection of the transaction in the GSTR-2A Form. Remanding the matter back to the Assessing Officer to give opportunity to the purchaser who is the petitioner herein, Justice Dinesh Kumar Singh observed:"If on examination of the evidence submitted by the petitioner,...

Kerala High Court Refuses Legal Heirship Certificate To Kin Of Man Missing Since 2002, Says Legal Presumption/ Assessment Of His Death Must

The Kerala High Court recently refused to grant Legal Heirship Certificate to the wife and daughters of a man who had gone missing in the year 2002, and could not be found since. Justice Devan Ramachandran observed that a Legal Heirship Certificate could only be granted if there is a legally sanctioned presumption possible, or if it is factually assessed that the missing person is no more....

Kerala High Court Stays Trial Proceedings Against Actor Mohanlal In Ivory Possession Case For 6 Months

The Kerala High Court on Monday stayed the ongoing trial against against Actor Mohanlal in case for alleged illegal possession of ivory.Justice P.V. Kunhikrishnan granted an interim stay of proceedings before Judicial First Class Magistrate Court, Perumbavoor, for a period of 6 months. The actor was booked after the Income Tax Department allegedly recovered illegal ivory from his Kochi...

Legislature Should Bring Proper Punishment For Defamatory Posts In This Era Of 'Social Media Mania': Kerala High Court

The Kerala High Court has observed that there is no proper legislation providing punishment for defamatory posts circulated on social media. Bench of Justice PV Kunhikrishnan thus urged the legislature to seriously look into this aspect.The order stated,“Defamatory Facebook posts continue to do the rounds on Facebook and other Social Media platforms. There is no proper punishment for...

Acid Attack: Kerala High Court Orders Legal Services Authority To Consider Enhancing Compensation Paid To Victim Mother, Minor Son

The Kerala High Court has ordered the District Legal Services Authority at Thalassery to consider paying higher compensation to two acid attack victims, based on law of reparation and the nature of injuries suffered by them.Justice Devan Ramachandran, observed thus:“The law relating to reparation is now well-settled. It has to be adequate and commensurate to the detriment caused to the...

Kerala High Court Weekly Round-Up: September 11 - September 17, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 463-487]State of Kerala v. M/s Sathyam Audios and connected matters 2023 LiveLaw (Ker) 463Kerala High Tension and Extra High Tension Industrial Electricity Consumers' Association & Ors. v. Kerala State Electricity Regulatory Commission & Ors. 2023 LiveLaw (Ker) 464Anil Kumar v. State of Kerala 2023 LiveLaw (Ker) 465Ismail Sahib V State...

S.24 PMLA | No Presumption Of Guilt Of Accused For Predicate Offences Alleged Against Him: Kerala High Court

The Kerala High Court on Thursday made a seminal observation that the Prevention of Money Laundering Act (PML Act, 1992) does not stipulate presumption of guilt of accused for the predicate offences alleged against him. The Court made the afore observation while granting bail to the Managing Director of Popular Finance, Thomas Daniel, who is accused of committing various offences under...