Kerala High Court
KVAT Act | Tax Doesn't Apply To Transfer Of Goods But To Transfer Of 'Right To Use' Goods: Kerala High Court
In a significant ruling, the Kerala High Court recently held that the tax under the KVAT Act applied not to the transfer of goods but to the transfer of the right to use goods.A division bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias CP added that the taxable event occurs when the contract for goods delivery is executed, irrespective of whether the transfer...
Govt Funds For 'Noon-Meal Scheme' Inadequate, School Headmasters Forced To Take Personal Loans: Plea In Kerala High Court
The Kerala Pradesh School Teachers' Association and the Headmasters of certain government and aided schools have approached the Kerala High Court seeking a direction to the Director of General Education to absolve the Head Masters from the responsibility of running the 'Noon Meal Scheme' and to entrust the same with an independent agency.The noon-meal scheme was introduced by the Government...
Specific Performance Suit- Parties Can Be Penalized For Delay By Imposition Of Cost, Not By Curtailing Right To Defend: Kerala High Court
The Kerala High Court has held that even if an ex parte decree is passed in a suit for specific performance, the Court has to take a liberal view to advance justice by condoning the delay of defendant and affording the party an opportunity to defend the suit.Justice P Somarajan observed that a party can be penalized for the delay by imposition of cost but, court should not curtail the...
Temple Premises Cannot Be Used For Conducting Mass Drill, Weaponry Training: Kerala High Court
The Kerala High Court has directed the Travancore Devaswom Commissioner and the Administrative Officer of the Sarakara Devi Temple to ensure strict compliance of the prohibition on mass drills and weaponry practices in the temple premises. The Court issued the above direction in a plea alleging illegal encroachment of Sree Sarkara Devi Temple in Thiruvananthapuram by alleged members of...
Electricity Tariff: Kerala High Court Strikes Down Regulation Imposing KSEB Pension Liability On Consumers
The Kerala High Court has held that electricity tariff charged from consumers will not include the amount allocated to the Master Trust, pension fund of Kerala State Electricity Board employees.Single Bench of Justice Murali Purushothaman struck down Regulation 34 (iv) of the the Kerala State Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff) Regulations,...
Kerala High Court Upholds Rape Conviction Of Man Spotted And Identified By Minor Victim In Public Place 1.5 Months After Incident
The Kerala High Court last week held that conviction for rape can be made on the sole testimony of the prosecutrix and no corroboration such as test identification parade would be required if the evidence of the victim was reliable and inspires the confidence of the Court.Justice A. Badharudeen observed thus,“PW5 [prosecutrix] had enough time to have an imprint of the face and features of...
Kerala High Court Weekly Round-Up: September 04 - September 10, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 447-462]Vijay Philip v. Narcotic Control Bureau 2023 LiveLaw (Ker) 447Hindustan Organic Chemicals Ltd. V Lissiama James 2023 LiveLaw (Ker) 448Kerala State Horticultural Products Development Corporation Limited V Sunil Kumar S 2023 LiveLaw (Ker) 449Umesh v. State of Kerala 2023 LiveLaw (Ker) 450M/S Anantham Online Pvt. Ltd. v. Senior...
Litigants Getting Fair Hearing Is Important, Not Number Of Cases Listed: Kerala High Court Dismisses Lawyer's Appeal Against Sitting Judge
The Kerala High Court today dismissed the writ appeal preferred by Advocate Yeshwanth Shenoy against the dismissal of his plea challenging limited listing of cases before the bench of Justice Mary Joseph.A division bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen said listing of cases is a prerogative of the administrative side of the High Court. "The Chief Justice...
'No Positive Act Of Instigation': Kerala High Court Quashes Abetment Of Suicide Case Against Defence Aspirant For "Keeping Away" From Girlfriend
The Kerala High Court recently quashed the criminal proceedings initiated against a Defence aspirant for allegedly abetting the suicide of his college-girlfriend by keeping away from their relationship after passing out. Single bench of Justice K Babu cited plethora of precedents to reiterate that in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit...
Kerala High Court Laments Govt's Failure To Disburse Paddy Procurement Dues To Farmers Despite Its Orders
The Kerala High Court recently expressed regret over the State government's failure to clear paddy procurement dues to farmers, despite repeated orders."The failure of the respondents to pay the amounts due to the farmers despite the orders passed by this Court cannot be countenanced. The learned Government Pleader submits that all measures shall be taken to pay the amounts due and he shall...
Kerala High Court Advocate’s Association Passed Resolution To Support Procuring 17.73 Acres Land For HC Development And Expansion
The Kerala High Court Advocate’s Association (KHCAA) passed a resolution today supporting the procurement of land for the development and expansion of the High Court of Kerala. The decision was taken in a meeting conducted by the General Body of the KHCAA on September 4.The KHCAA has decided to support the procurement of 17.73 acres of land located near to the Mangalavanam which is under...
Tanur Custodial Death: Kerala High Court Directs CBI To Take Over Investigation
The Kerala High Court today directed the CBI to take over investigation into the custodial death of 30 years old Tamir Jifri at Tanur Police station in Malappuram last month.Considering the seriousness of the offence, Justice PV Kunhikrishnan directed the Deputy Superintendent of Police Crime Branch to hand over entire case records to the central agency, within a period of one week.Tamir...