Kerala High Court
DNA Tests Cannot Be Conducted To Clear A Mere Suspicion Regarding Child's Paternity In The Absence Of Specific Denial Of Paternity : Kerala High Court
The Kerala High Court, upholding an order passed by the Family Court, stated that DNA test cannot be conducted merely because the parties have a dispute or suspicion regarding paternity.Justice A. Badharudeen observed that DNA test or other scientific tests can only be resorted to when there was a specific denial of paternity of the child. “It has to be held further that when DNA test cannot...
GST - Input Tax Credit Cannot Be Denied To Purchaser Merely Because Seller Didn't Record Transaction In GSTR-2A Form: Kerala High Court
The Kerala High Court recently held that Input Tax Credit (ITC) cannot be denied to a purchaser merely on ground of non-reflection of the transaction in the GSTR-2A Form. Remanding the matter back to the Assessing Officer to give opportunity to the purchaser who is the petitioner herein, Justice Dinesh Kumar Singh observed:"If on examination of the evidence submitted by the petitioner,...
Kerala High Court Refuses Legal Heirship Certificate To Kin Of Man Missing Since 2002, Says Legal Presumption/ Assessment Of His Death Must
The Kerala High Court recently refused to grant Legal Heirship Certificate to the wife and daughters of a man who had gone missing in the year 2002, and could not be found since. Justice Devan Ramachandran observed that a Legal Heirship Certificate could only be granted if there is a legally sanctioned presumption possible, or if it is factually assessed that the missing person is no more....
Kerala High Court Stays Trial Proceedings Against Actor Mohanlal In Ivory Possession Case For 6 Months
The Kerala High Court on Monday stayed the ongoing trial against against Actor Mohanlal in case for alleged illegal possession of ivory.Justice P.V. Kunhikrishnan granted an interim stay of proceedings before Judicial First Class Magistrate Court, Perumbavoor, for a period of 6 months. The actor was booked after the Income Tax Department allegedly recovered illegal ivory from his Kochi...
Legislature Should Bring Proper Punishment For Defamatory Posts In This Era Of 'Social Media Mania': Kerala High Court
The Kerala High Court has observed that there is no proper legislation providing punishment for defamatory posts circulated on social media. Bench of Justice PV Kunhikrishnan thus urged the legislature to seriously look into this aspect.The order stated,“Defamatory Facebook posts continue to do the rounds on Facebook and other Social Media platforms. There is no proper punishment for...
Acid Attack: Kerala High Court Orders Legal Services Authority To Consider Enhancing Compensation Paid To Victim Mother, Minor Son
The Kerala High Court has ordered the District Legal Services Authority at Thalassery to consider paying higher compensation to two acid attack victims, based on law of reparation and the nature of injuries suffered by them.Justice Devan Ramachandran, observed thus:“The law relating to reparation is now well-settled. It has to be adequate and commensurate to the detriment caused to the...
Kerala High Court Weekly Round-Up: September 11 - September 17, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 463-487]State of Kerala v. M/s Sathyam Audios and connected matters 2023 LiveLaw (Ker) 463Kerala High Tension and Extra High Tension Industrial Electricity Consumers' Association & Ors. v. Kerala State Electricity Regulatory Commission & Ors. 2023 LiveLaw (Ker) 464Anil Kumar v. State of Kerala 2023 LiveLaw (Ker) 465Ismail Sahib V State...
S.24 PMLA | No Presumption Of Guilt Of Accused For Predicate Offences Alleged Against Him: Kerala High Court
The Kerala High Court on Thursday made a seminal observation that the Prevention of Money Laundering Act (PML Act, 1992) does not stipulate presumption of guilt of accused for the predicate offences alleged against him. The Court made the afore observation while granting bail to the Managing Director of Popular Finance, Thomas Daniel, who is accused of committing various offences under...
Farmers' Plea In Kerala High Court Seeks Judicial Intervention To Revamp Paddy Procurement System
The Kerala High Court has directed the government to consider the grievances of paddy cultivating farmers in Palakkad district, seeking to revamp and improve the procurement system in the State.Justice Devan Ramachandran has directed the Competent Secretary of the Government to look through the petitioners' complaints "very carefully" and file a report indicating as to what action has been...
Second Appeals Can't Be Admitted On Equitable Grounds Merely To Refer Parties To Mediation: Kerala High Court
The Kerala High Court recently held that a Court cannot admit and maintain a second appeal merely to refer parties to mediation, if there is no substantial question of law involved in the second appeal.Justice A. Badharudeen observed that a second appeal shall not be heard on equitable grounds and reiterated that it is mandatory to formulate substantial questions of law. “The legal position...
Plea In Kerala High Court Opposes Construction Of Toilet Block In Lord Ayyappa Temple Compound
A plea has been moved in the Kerala High Court challenging the construction of a toilet block as part of the 'Take a Break' scheme on the Devaswom land of Ayyappan Kavu Temple, Cherpulassery. The agreement entered into between the Cheruplassery Municipality Secretary and Temple's Managing Trustee also provided that the operation and maintenance of the 'Take a Break' centre shall be vested...
Kerala High Court Asks Govt To Issue Necessary Health Advisories To Sabarimala Pilgrims Amid Nipah Virus Outbreak In Kozhikode
Amid outbreak of Nipah virus in Kerala's Kozhikode, the High Court has directed the Health Secretary to issue advisories, if necessary, to Sabarimala Pilgrims visiting the temple during Kannimasa Pooja.Total virtual queue booking for the pooja from September 17 has already reached 34,860.The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas was hearing a suo moto...