Kerala High Court
KVAT Act | Electricity Excluded From 'Goods'; Assessment Order Invalid Unless Compliant With Section 25(1): Kerala High Court
The Kerala High Court recently reiterated that electricity is excluded from the definition of 'goods' as per the Kerala Value Added Tax Act (KVAT Act) and even if electricity were deemed taxable based on its inclusion in the 1st Schedule, an assessment order would not be sustainable unless all the conditions under Section 25(1) [Assessment of escaped turnover] were fulfilled.Justice Anu...
Convicts Can't Invoke Section 389 CrPC To Seek Interim Suspension Of Sentence For Short Term Release: Kerala High Court
The Kerala High Court recently held that Section 389 of the CrPC does not contemplate an interim suspension of sentence and release of the prisoner for short-term requirements such as disease or marriage, while clarifying that such release should be sought under the Prisons Act and Rules through the process of leave or parole.A Division Bench of Justice Alexander Thomas and Justice...
Wooden Stick Can Be Considered As 'Weapon' Under Section 326 IPC: Kerala High Court
The Kerala High Court recently decided whether ‘wooden stick’ can be considered as a ‘weapon’ to attract Section 326 (voluntarily causing grievous hurt by dangerous means or weapons) of the IPC.Justice Ziyad Rahman A.A. held that the expression “any instrument which is used as a weapon” in the provision gives a broader scope to Section 326. Here, the Court noted that...
High Level Competency Expected From Public Prosecutors, 3 Yrs Practice Experience For Assistant Prosecutor Appointment Not Arbitrary: Kerala HC
The Kerala High Court has held that government's decision to stipulate three years practice in criminal courts as an essential condition for appointment as Assistant Public Prosecutors cannot be said to be arbitrary.Justice N. Nagaresh dismissed a plea challenging a notification issued by the Kerala Public Service Commission ('Kerala PSC') in this regard. The bench observed that Assistant...
'Gender' & 'Sex' Distinct Concepts; Right To Choose Gender Is Vested With The Individual : Kerala High Court
The Kerala High Court on Monday embarked upon an elaborate medico-legal discussion on the two concepts of 'gender' and 'sex', in an interesting decision raising the question as to whether the parents of a child with ambiguous genitalia would have the right to decide the gender of the child without the latter's consent and ignorant of the child's orientation.The Single Judge Bench of Justice...
Parole May Be Refused Even To An Eligible Prisoner For Cogent Reasons: Kerala High Court
In an important ruling, the Kerala High Court held that prisoners do not have an inherent right to claim parole or leave and that the right to seek temporary release is contingent on meeting the statutory conditions under the Prisons Act and Rules and the discretion to grant or deny such release lies with the competent authority. A Division Bench of Justice Alexander Thomas and Justice...
Can't Bypass Remedies Under PMLA Unless Entirely Ill-Suited: Kerala High Court Dismisses Santiago Martin's Plea Against ED Attachments
The Kerala High Court on Tuesday dismissed 'lottery king' Santiago Martin's petition challenging ED's attachment orders freezing his and his company's movable assets under the Prevention of Money Laundering Act, 2002 (PMLA).Justice Bechu Kurian Thomas held that PMLA provides a comprehensive three-tier remedy for such grievances and that the petitioners ought to have exhausted their...
Panchayat Vicariously Liable For Acts Of Upper Division Clerk Done In Course Of Employment: Kerala High Court
The Kerala High Court recently observed that the Panchayat can be held vicariously liable for the acts of the Upper Division Clerk (UDC) committed during the course of the employment.Holding the panchayat vicariously liable for the security deposit collected by the UDC, Justice N. Nagaresh observed thus:“In view of the law on Vicarious Liability as discussed above, if any UDC employed by...
Students Can't Be Discriminated From Other Passengers While Boarding Bus, Merely For Availing Student Concession Rates: Kerala High Court
The Kerala High Court last week directed the State Police Chief to issue directions to ensure that law and order problems are not created between students and bus owners/employees, regarding student concession rates. The Court held that students cannot be discriminated from other passengers while boarding the bus, merely for availing student concession rates.Justice P.V.Kunhikrishnan...
Kerala High Court Refuses For Now Stay On Grant Of Malayalam Film Awards 2022, Seeks State's Response On Director's Plea
The Kerala High Court on Tuesday sought the response of the State government on the plea filed by Malayalam Movie Director, Lijeesh M.J., seeking to set aside the declaration of Kerala State Awards For Malayalam Films & Writings On Cinema 2022. The Single Judge Bench of Justice Basant Balaji declined to grant a stay for now on the distribution of the Awards scheduled on August 17,...
'Genital Reconstructive Surgery Without Consent Violates Child's Rights' : Kerala High Court Calls For Regulating Sex Selective Surgeries
The Kerala High Court on Monday directed the Government to constitute a State Level Multidisciplinary Committee consisting of experts to examine requests for performing sex-selective surgeries on intersex children. The Committee is to comprise of a Pediatrician/Pediatric Endocrinologist, Pediatric Surgeon and Child Psychiatrist/Child Psychologist. The Single Judge Bench of Justice V.G. Arun...
Preventive Detention Orders Under KAAPA Issued For Maintenance Of Public Order, Not As Punishment: Kerala High Court
The Kerala High Court has reiterated that preventive detention orders under Kerala Anti-Social Activities (Prevention) Act, 2007 (hereafter, KAAPA) are issued for maintenance of public order and not as a penal measure.A division bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas held thus:“The preventive detention law cannot be used as a punitive measure and as a substitute...