Joint Commissioner Has Jurisdiction To Initiate Proceedings Against Assessment Order Passed Pursuant To Remand: Kerala High Court

The Kerala High Court stated that Joint Commissioner has jurisdiction to initiate proceedings under Section 56 of the KVAT Act against assessment order passed pursuant to remand. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “when the fresh assessment order was passed consequence to the remand, the original assessment order ceased to exist...

[POSH Act] Kerala HC Directs State To Frame Guidelines To Ensure Anonymity Of Complainant From Public Domain During Enquiry: Kerala HC

The Kerala High Court has directed the State Government to formulate guidelines for anonymising details of the complainant from public domain during the enquiry proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The Court stated that at present there is no mechanism under the POSH Act to anonymise the details of...

[NDPS Act] Registration Of Second Crime Need Not Automatically Result In Cancellation Of Bail, Court Must Undertake Summary Enquiry: Kerala HC

The Kerala High Court set aside the order of a Special Court cancelling the bail of an NDPS accused for involvement in a subsequent crime saying that the Special Court cancelled the bail mechanically and without considering the materials connected with the subsequent crime.One of the conditions imposed on the accused while granting bail was that he should not commit any crime while on bail....

Ayurvedic Treatment Is Only Incidental To Facilities Provided By Assessee In Resort, Liable To Be Taxed: Kerala High Court

The Kerala High Court stated that ayurvedic treatment is only incidental to facilities provided by assessee in a resort, hence liable to be taxed. “the main activities of the assessee as per the brochures produced before the assessing officer, are canoeing, motor boat cruises, houseboat stay, trekking, Alleppey beach visit, coir factory visit, elephant ride, Kathakali,...

'Thulasithara Sacred For Hindus' : Kerala High Court Directs Police To Take Action Against Man Who Put Pubic Hair In Tulsi

The Kerala High Court stated that appropriate action must be taken against a person accused of plucking hair from his private parts and putting it in Thulasithara. The Court observed that Thulasithara is a sacred place for Hindu religion and that his actions would affect the sentiments of Hindus.Justice P.V.Kunhikrishnan observed that no action was taken against the accused, Abdul Hakkim and...

'Consortium' Is A Fundamental Aspect Of Marriage: Kerala High Court Denies Maintenance To Wife Who Left Husband Without Sufficient Cause

The Kerala High Court stated that a wife who leaves her husband and chooses to live separately without any justifiable reason is disentitled to claim maintenance under Section 125 of CrPC.The Court emphasized that right to each other's society, comfort and affection, commonly known as consortium is a fundamental aspect of marriage. It further stated that when either spouse withdraws from...

Vehicles Registered As Goods Carriage Vehicles Can't Be Classified Under Different Head For Demanding One-Time Tax: Kerala High Court

The Kerala High Court stated that vehicles registered as goods carriage vehicles, could not be classified under a different head for the purposes of demanding one-time tax under the second proviso to Section 3(1) of the Kerala Motor Vehicles Taxation Act. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. stated that “the department cannot alter their...

Kerala High Court Asks State To File Draft Composition Of 'Working Group' Which Will Formulate Rules To Curb Ragging

The Kerala High Court on Wednesday (19th March) asked the State government to file within one week, a draft composition of the working group that is proposed to frame comprehensive Rules to curb the rising menace of ragging in the State.Special Bench comprising Chief Justice Nitin Jamdar and Justice C. Jayachandran had earlier observed that a stronger statutory mechanism is needed to...

Kerala High Court Orally Flags Influential Accused Securing Bail On Health Grounds, Calls It 'Medical Tourism'

While hearing the bail plea of KN Anand Kumar, founder of National NGO's Confederation and accused in CSR Funds Scam, the Kerala High Court flagged the rise in cases of influential accused securing bail on medical grounds.Kumar is in judicial custody at hospital due to cardiac problems and has sought bail on medical grounds. Last week, Justice P. V. Kunhikrishnan had asked the State to...

Kerala High Court Dismisses Plea For Further Probe Into Swami Saswathikananda's Death, Says Investigations Confirm Accidental Drowning

The Kerala High Court has dismissed a petition seeking further investigation under the supervision of an officer not below the rank of Inspector General into the death of Swami Saswathikananda.Swami Saswathikananda was discovered dead at the bathing ghat on the banks of the Periyar river on the morning of July 01, 2002. Justice Kauser Edappagath noted that investigation into the death of...

Quashing Of Drunken Driving Charge U/S 185 MV Act Doesn't Nullify Prosecution Initiated U/S 279 IPC For Rash Driving: Kerala High Court

The Kerala High Court has allowed continuation of prosecution against an alleged offender under Section 279 of the IPC for rash and negligent driving, even while quashing proceedings against him under 185 of the Motor Vehicles Act for drunken driving due to non-compliance of procedural requirements.Justice G. Girish observed that Section 297 of IPC and Section 185 of the MV Act are...

[S.197 CrPC] Want Of Sanction For Prosecution Extended To Members Of Kerala Police Entrusted With 'Maintenance Of Public Order': Kerala HC

The Kerala High Court has held that sanction is required to prosecute members of Kerala Police who are responsible for maintaining public order. The Court also relied upon Sarojini v Prasannan (1996) to clarify that maintenance of public order is a subset of law and order.Notably, Section 197 of CrPC protects judges and public servants from false, vexatious or malafide prosecution. Section...