Kerala High Court Weekly Round-Up: October 9, 2023 - October 15, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 548-566]Anaz Abdul Rahiman Kutty v State Tax Officer 2023 LiveLaw (Ker) 548State of Kerala & Others v. Abhidev 2023 LiveLaw (Ker) 549Noushad Flourish v. Akhila Noushad & Anr. 2023 LiveLaw (Ker) 550XXX v State of Kerala 2023 LiveLaw (Ker) 551K.C.C. Buildcon Pvt. Ltd. v. Govt. of Kerala & Ors. and connected matter 2023 LiveLaw (Ker) 552K.M. Shaji v. State of Kerala 2023 LiveLaw (Ker) 553Amith v. State of Kerala 2023 LiveLaw (Ker) 554James A.C. v K.A. Sakthidharan 2023 LiveLaw (Ker) 555XXX v. State of Kerala & Ors. 2023 LiveLaw (Ker) 556Fathima Beevi v Abdul Rahman 2023 LiveLaw (Ker) 557Nimmy Mathew v. State of Kerala & Anr. 2023 LiveLaw (Ker) 558XXXX v State of Kerala 2023 LiveLaw (Ker) 559Jyothi v State of Kerala 2023 LiveLaw (Ker) 560Malanad Service Co-Operative Bank Ltd. v. Station House Officer & Ors. 2023 LiveLaw (Ker) 561Ashiq Sulthan v. State of Kerala 2023 LiveLaw (Ker) 562Raju J. Vylattu v. P.V. Alexander & Anr. and connected matter 2023 LiveLaw (Ker) 563Ramla Kabeer v. State of Kerala 2023 LiveLaw (Ker) 564Kakkovil Muliyarakkal Krishnan Children V Kakkovil Muliyarakkal Vilasini(Died) 2023 LiveLaw (Ker) 565XX v. CBSE Regional Office & Anr. 2023 LiveLaw (Ker) 566Judgments/Orders This WeekDifficulties Faced On Initial Phase Of GST Implementation, Kerala High Court Sets Aside Disallowance Of ITCCase Title: Anaz Abdul Rahiman Kutty v State Tax OfficerCitation: 2023 LiveLaw (Ker) 548The Kerala High Court recently addressed the difficulties faced by small scale dealers during the initial phases of GST implementation in understanding the provisions of GST Act. Justice Dinesh Kumar Singh set aside the orders of the assessing authority disallowing the input tax credit claims of the petitioners and observed thus,“The period involved is 2017-18 when the GST regime was rolled out. There may be some substance in the submission of the learned Counsel for the petitioner that the petitioner faced enormous difficulty in understanding the provisions of the GST Act.”CRPF | Govt Order Extending Compassionate Employment By Curing Defects In Earlier Order Applies Retrospectively: Kerala High CourtCase Title: State of Kerala & Others v. AbhidevCitation: 2023 LiveLaw (Ker) 549The Kerala High Court recently held that a Government Order issued to cure the defects of an earlier order will operate retrospectively from the date of the earlier order because the latter Government order can only be treated as curing the defects that existed in the earlier order. A Division Bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed that the government did not issue the order to introduce a new claim, but only to cure the defects in the earlier order.“The present order can only be treated as curing the defects existed in the earlier order by including the category of personnel, who are having same status of a Defense Personnel. It is not a new claim being endorsed by the Government, rather, it recognizes the equal treatment with other Defense Personnel. In that view of the matter also, we can easily conclude that this Government Order is only curing a defect of an existing order issued as early as in 2002. “ Muslim Wife Initiating Divorce Not Entitled To Maintenance From Husband U/S 125 CrPC From Date Of 'Khula': Kerala High CourtCase Title: Noushad Flourish v. Akhila Noushad & Anr.Citation: 2023 LiveLaw (Ker) 550The Kerala High Court has held that a Muslim wife who effected her divorce by pronouncement of 'Khula' cannot claim maintenance from her husband under Section 125 CrPC, after effecting Khula. Divorce by 'Khula' is a divorce at the instance of, and with the consent of the wife, by which she gives or agrees to give a consideration to the husband for her release from the marriage tie.Perusing Section 125 (4) of Cr.P.C., Justice A. Badharudeen noted that no wife shall be entitled to receive an allowance for the maintenance or interim maintenance, if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband or if they are living separately by mutual consent."When the wife effects divorce by Khula for getting her released from the husband, the same, in fact, is akin to refusal of the wife to live with her husband, as provided under Section 125(4) of Cr.P.C. If so, the wife, who effected divorce by Khula at her volition and thereby refuses to live with her husband voluntarily, is not entitled to get maintenance from the date of Khula in view of the restriction provided under Section 125(4) of Cr.P.C.," the Bench observed.“Insult To Motherhood”: Kerala High Court Denied Anticipatory Bail To Mother of Minor For Facilitating Rape By StepfatheCase title: XXX v State of KeralaCitation: 2023 LiveLaw (Ker) 551The Kerala High Court dismissed the anticipatory bail application of the mother of a minor daughter for facilitating the stepfather to commit rape and sexual assault on the minor child. Justice Gopinath P. observed that...

Kerala High Court Weekly Round-Up: October 9, 2023 - October 15, 2023

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