Kerala High Court Weekly Round Up: April 25 To May 1, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 192 - 2022 LiveLaw (Ker) 200]Asha Joseph v. Babu C. George & Ors, 2022 LiveLaw (Ker) 192Greenlights Power Solutions Versus State Tax Officer, 2022 LiveLaw (Ker) 193Jaganadhan v. State of Kerala, 2022 LiveLaw (Ker) 194S. Raveendranath Pai & Ors. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 195Arun Jose v. State of Kerala, 2022 LiveLaw (Ker) 196Chengalam Service Co-operative Bank Ltd. v. Rajkumar & Ors, 2022 LiveLaw (Ker) 197Satyendra Kumar Jha v. Secretary (Transport) & Ors, 2022 LiveLaw (Ker) 198Simi C.N. v. State of Kerala & Ors, 2022 LiveLaw (Ker) 199Shameena Siddique & Anr. v. M. Abubekhar Siddiq & Ors, 2022 LiveLaw (Ker) 200Judgments This Week1. Details Of Funds In Possession Not Necessary In A Plaint For Specific Performance Of Sale Deed: Kerala High CourtCase Title: Asha Joseph v. Babu C. George & Ors.Citation: 2022 LiveLaw (Ker) 192The Court has held in a suit for specific performance under the Code of Civil Procedure, even if the plaintiff has not given details of funds in her possession or the manner in which she intended to raise them in the plaint, this is not fatal to the suit since those aspects are matters of evidence which need not be pleaded. While allowing an appeal, Justice P. B. Suresh Kumar and Justice C. S. Sudha observed that although the appellant who was the plaintiff in the suit had not given the details of the funds in her possession or the manner in which she intended to raise them in the plaint, the suit will survive since those aspects are matters of evidence, which as per Order VI Rule 1 of CPC need not be pleaded.2. Bonafide Error In Format Of Date On E-Way Bill, Warrants Only Minor Penalty: Kerala High CourtCase Title: Greenlights Power Solutions Versus State Tax OfficerCitation: 2022 LiveLaw (Ker) 193The bench of Justice Bechu Kurian Thomas has held that a minor penalty can be imposed for a bona fide mistake in the date on an e-way bill. The petitioner/assessee has a valid GST registration and carries on business in electrical contract work. In connection with the work of a hospital in Assam, some goods were transported by a vehicle after paying the required tax. During the course of transportation from Ernakulam, the goods were intercepted by the department, who detained the goods under section 129 of the Central Goods and Service Tax Act, 2017 on noticing an irregularity in the e-way bill.3. Persons From Whom Amounts Were Collected Based On An Unconstitutional Levy Entitled To Refund: Kerala High CourtCase Title: Jaganadhan v. State of Kerala & connected matters.Citation: 2022 LiveLaw (Ker) 194The Court has ruled that persons from whom a fee was collected under a State Circular calling for applications for use of unnotified land for other purposes were entitled to a refund of the amount since the circular was struck down as unconstitutional. Justice T.R. Ravi observed that the issue of whether the claim for refund of amounts which have been collected based on the unconstitutional levy either in the form of fee or in the form of tax or in the form of duty is no longer res integra.4. Land Used For Cultivating Long Duration Crops Not Ecologically Fragile Even If Encircled By Vested Forests: Kerala High CourtCase Title: S. Raveendranath Pai & Ors. v. State of Kerala & Ors.Citation: 2022 LiveLaw (Ker) 195In a significant judgement, the Court has held that the land principally used for the cultivation of crops of long duration cannot be declared as ecologically fragile land under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act even if it is encircled by vested forests. Upon perusal of Sections 2(b) and 2(c) of the Act, a Division Bench of Justice P.B. Suresh Kumar and Justice C.S. Sudha concluded that land which is not a forest does not become an ecologically fragile land.5. Can Invoke ESMA If Ongoing KSEB Strike Causes Disruption To Its Operations: Kerala High Court Issues Interim OrderCase Title: Arun Jose v. State of KeralaCitation: 2022 LiveLaw (Ker) 196In a major setback to the ongoing strike organised by the KSEB Officers' Association, the Kerala High Court on Tuesday issued an interim order in a Public Interest Litigation (PIL) seeking to declare the ongoing strike by the Kerala State Electricity Board (KSEB) officers as illegal. Justice C.S Dias and Justice Basant Balaji opined that the State Government has an obligation to act as a conciliator between the KSEB, which is a State Public Sector Undertaking, and its employees to settle their differences amicably, without causing any disruption to the normal lives of citizens.6. Article 226 | Rule Of Alternative Remedy Is A Rule Of Discretion, Not Rule Of Jurisdiction: Kerala High CourtCase Title: Chengalam Service Co-operative Bank Ltd. v. Rajkumar & Ors.Citation: 2022 LiveLaw (Ker) 197The High Court has held that merely because it may not exercise its discretion under Article 226 of the Constitution in view of the availability of alternative remedy,...

Kerala High Court Weekly Round Up: April 25 To May 1, 2022

Hannah M Varghese

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