Transfer Of Depreciable Capital Assets Attracts Capital Gains Tax: Kerala High Court

The Kerala High Court has held that the transfer of the depreciable capital assets attracted capital gains tax under Section 45(4) of the Income Tax Act, in the absence of distribution of any capital asset among the partners following a dissolution of the appellant firm.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M., while upholding the order of the tribunal that...

POCSO Offence Could Not Have Been Committed Without Interposition Of Alleged Abettor Not Enough, 'Intention' Of Abettor Must Be Shown: Kerala HC

The Kerala High Court has held that aiding committed with the 'intention' of facilitating the offence would attract an offence of abetment punishable under the POCSO Act.Section 16 of the POCSO Act defines abetment and the punishment is provided under Section 17. Justice P.G. Ajithkumar found that the petitioner aided the minor victim in availing a flat on rent in the presence of the accused...

Kerala High Court Directs Registry To Ensure That Victims/ De-Facto Complainants Are Impleaded In Proceedings Related To Offences Under SC/ ST Act

The Kerala High Court directed the registry to ensure that the victims/de-facto complainants are made a party in proceedings in cases involving offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Justice K Babu the Registry to follow its earlier directions in this regard. The Court made this observation as it was dealing with an appeal where the...

Special Team Set Up To Probe Involvement Of Revenue Officials In Allegedly Forging Title Deeds In Munnar & Idukki Districts: Govt Tells Kerala HC

The State Government has informed the Kerala High Court that a Special Team has been constituted to inquire into forging of title deeds, including taking bribes by revenue officials in Munnar and Idukki districts.The Special Team has been constituted pursuant to the directions of the Court. The Court had directed the Government to form a Special Team consisting of high rank officials with...

[S.24 CPC] Territorial Jurisdiction Is Not A Criteria While Transferring Divorce Petition To Competent Court: Kerala High Court

The Kerala High Court has held that while transferring a divorce petition to another court, territorial jurisdiction of the Court to which the petition is transferred does not matter.The High Court has power under Section 24 of the Code of Civil Procedure to transfer a proceeding to any Court subordinate to it and competent to try or dispose the suit. The Court held that competence is not...

High Representation Of Women In Legal Field In Kerala Reflects Gender Parity, Sets Example For Other States: Chief Justice AJ Desai Retires

Kerala High Court Chief Justice AJ Desai today remarked that the sizeable representation of women in the legal filed in Kerala is a testament to the State's atmosphere of gender neutrality.CJ Desai was speaking at the farewell function organised upon his superannuation.He recollected an enrolment function held last year where female law graduates outnumbered the male law graduates.“It...

[Masala Bonds Case] ED Has No Jurisdiction To Probe Misutilization Of Funds, RBI Has Power To Authorize Inspection: KIIFB Tells Kerala High Court

The Kerala Infrastructure Investment Fund Board (KIIFB) submitted before the Kerala High Court that the Enforcement Directorate has no jurisdiction to investigate the misutilization of funds. It was submitted that the Reserve Bank of India (RBI) has to appoint an authorized person in writing to inspect as per Section 12 of the Foreign Exchange Management Act (FEMA).Justice T R Ravi...

Kerala High Court Asks State To Explain How It Proposes To Disburse Rs 230 Crore Funds Allocated For Mid-Day Meals

The Kerala High Court has asked the State to explain how it will disburse the funds allocated by the government towards mid-day meals in government school. An amount of Rs. 232 Crores has been allocated in the State Budget for supplementary expenses in the mid-day meals in school for the year 2024- 2025. The Government has to inform the court about the methodology used for calculating the...

Filing Appeal In Tax Matters Require Legal, Technical Assistance: Kerala High Court Condones 11 Days Delay

The Kerala High Court, while condoning the delay of 11 days, observed that filing an appeal in tax matters may require legal and technical assistance.The bench of Justice Murali Purushothaman has observed that the reason for not filing the appeal on time was the non-availability of the legal consultant.The bench observed, “the taxation laws and the procedures involved in filing an appeal may...

[Kerala Registration Act] Rubber Trees Are Immovable Property, Agreement To Tap Rubber Is A Compulsorily Registrable Document: High Court

The Kerala High Court held that an agreement to tap rubber trees should be registered as per the Kerala Registration Act. The Court held that rubber trees are immovable properties and an agreement with the owner of the plantation to tap the rubber creates an interest in the immovable property. Therefore, the document is a compulsorily registrable one.The Court rejected the trial court's...

Kerala High Court Orders Police Protection For Principal And Staff Of Gurudeva College Allegedly Manhandled By SFI Activist

The Kerala High Court yesterday ordered the Police to offer protection to the principal, staff and students of Gurudeva College of Advanced Studies, Koyilandi. The police were asked to make sure that the law and order is maintained in the college. The protection order was granted as the college is set to re-open on 4th July.Justice Devan Ramachandran ordered:“The police will ensure...

Kerala High Court Acquits Death Row Convict After He Spends Over 10 Years In Jail, Grants Rs 5 Lakh Compensation

The Kerala High Court has acquitted one Gireesh Kumar and overturned the death sentence imposed on him by the Sessions Court, after he spent over 10 years in jail. He had been convicted on charges of trespassing with intent to commit robbery, rape, and the murder of a 57-year-old woman in Kollam in 2013.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M....