Customised Software Designed For Specific User Remains Taxable As 'Goods': Kerala High Court

The Kerala High Court recently reiterated that software customised for a specific user and not sold to other users still falls under the category of 'goods' defined under Article 366(12) of the Constitution for the purposes of levy of sales tax under the Kerala General Sales Tax Act (KGST Act).A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P added that...

Kerala High Court Half Yearly Digest: January To June 2023 [Citations 1 - 301]

Nominal Index Citations [2023 LiveLaw (Ker) 1-301]XXXX v. Union Of India and Connected Cases 2023 LiveLaw (Ker) 1Sali M.N. v. State of Kerala & Ors. and other connected matters 2023 LiveLaw (Ker) 2T. A. Abdul Sathar v. The State of Kerala and Ors. 2023 LiveLaw(Ker) 3Lt. Col. E.V. Krishnan & Anr. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 4Laila Bhagaval Singh v. State of Kerala...

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the prosecutrix evidence in such cases would differ from...

Guidelines Necessary To Ensure Doctors Are Duly Qualified : Kerala High Court Seeks State's View

The Kerala High Court on Wednesday sought the views of the Government on a plea seeking guidelines to ensure that appointment orders of medical practitioners in the State are issued to selected candidates only after getting their educational certificates verified and authenticated by the Universities that have issued them. It directed the Government to file an affidavit in this regard. The...

Right To Reputation: Kerala HC Issues Notice To Google, The New Indian Express On Plea To Redact Name & Images Of Man Acquitted In Cheating Case

A plea has been moved in the Kerala High Court by a person who was acquitted in a cheating case, seeking to redact his name and other identities from the public domain. A Single Judge Bench of Justice P.V. Kunhikrishnan on Thursday issued notices to the Central, State Governments, Google and The New Indian Express.The petitioner said that he is aggrieved that despite him having been acquitted...

Registered Trademark Owner Can't Seek Prohibitory Injunction If Opposite Party's Mark Is Also Registered, May Sue For Passing Off: Kerala High Court

The Kerala High Court recently set aside a District Court order restraining M/S Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ for being prima facie similar to Wipro's soap range ‘Chandrika’.The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed it is settled law that an owner of a registered trademark cannot sue...

Panchayats Can't Claim Expertise Over Competent Statutory Bodies And Stop Legally Permissible Entrepreneurial Projects: Kerala High Court

The Kerala High Court recently observed that Panchayats should only wield their designated powers and not assume the role of enforcers in all public interests, particularly in areas where other competent statutory authorities hold expertise and decision-making authority.Justice N. Nagaresh added that citizens pursuing start-ups and projects should be able to rely on clearances from...

If Anticipatory Bail Is Denied By High Court, Successive Application Should Also Be Filed Before HC, Not Sessions Court: Kerala High Court

The Kerala High Court recently observed that if the High Court denies anticipatory bail to a person, the successive applications citing change in circumstances should also be filed before the High Court and not before the Sessions Court.Justice A. Badharudeen deprecated the practice of filing of subsequent anticipatory bail applications before the Sessions Court, after dismissal of...

Vehicle Cannot Be Seized By Customs On Mere Apprehension That It May Be Used For Transporting Smuggled Goods: Kerala High Court

The Kerala High Court on Tuesday held that a vehicle cannot be seized by customs on an apprehension that it may be used as a means of transporting smuggled goods. Justice Bechu Kurian Thomas observed that under Section 115 of the Customs Act, 1962, which provides for 'Confiscation of conveyances', the power of confiscation can only arise if the vehicle was actually used or is being used...

Kerala High Court Quashes Proceedings Against Aster Medcity, Doctors Accused Of Flouting Organ Transplantation Protocol

The Kerala High Court on Tuesday quashed the criminal proceedings against Aster Medcity and nine doctors who had been accused of violating the provisions of the Transplantation of Human Organs and Tissues Act, 1994.Justice Ziyad Rahman A.A. passed the order. Factual BackgroundThe case arose from a complaint filed by Dr. S. Ganapathy against Aster and the accused doctors alleging that...

Discrepancies In Witness Statements Can Be Fatal To Prosecution In Politically Charged Situations: Kerala High Court

The Kerala High Court recently observed that glaring discrepancies in the witness statements become significant in politically charged situations and that they cast doubt on the credibility of the prosecution case. Justice Ziyad Rahman A added that a mere strong or probable suspicion, not supported by proper and positive evidence, is inadequate to prove the guilt of the accused as it fails...

Sub Registrar Can't Refuse To Register Transfer Of Possessory Rights Saying Prior Title Deeds Were't Produced : Kerala High Court

The Kerala High Court has held that the Sub-Registrar cannot refuse to register documents for transfer of possessory rights, merely because the executants have not been able to produce the prior documents of the property in question. The Single Judge Bench of Justice Gopinath P. relied upon the decision in Sumathi & Anr. v. State of Kerala & Anr. (2018), wherein it had been held that...