Donor's Acknowledgement In Gift Deed Of Property's Delivery To Donee Is Sufficient Proof Of Gift's Acceptance: Kerala High Court

The Kerala High Court held that when the registered deed of gift of immovable property mentions that the property was delivered to the donee, it is sufficient to establish acceptance.The Court also observed that the Transfer of Property Act does not mention any one mode of acceptance.Justice K. Babu observed:“It is trite that no particular mode is prescribed under the law as to the...

"Callous & Casual Attitude Of State Towards Proceedings" : High Court Slams Kerala Govt For Not Filing Counter-Affidavit

The High Court in a recent order came down heavily on the State Government for the callous and casual attitude they are having towards the Court proceedings. The Court observed that it is unable to decide a Writ petition filed in 2018 as there is no response from the State.The Writ in the instance was filed challenging the decision of the Government in nationalizing the Ernakulam-...

Quashing Proceedings Upon Settlement In Heinous Crimes Like Murder & Rape Lacks Legal Sanction, Sends Wrong Signal To Community: Kerala High Court

The Kerala High Court held that settling serious and heinous offences involving mental depravity or offences such as murder, rape and dacoity through quashing process by invoking its inherent powers under Section 482 of the CrPC would seriously impact society and sans legal permissibility.Justice A. Badharudeen observed that even though the Court has the power to quash proceedings even...

Mere Storage Of Child Pornography Not An Offence Under POCSO Act & Information Technology Act: Kerala High Court

The Kerala High Court has held that automatic or accidental downloading of children engaged in sexually explicit act or conduct is not an offence under Section 67B (b) of the Information Technology Act when the evidence shows that there was no specific intent to do so.In the facts of the case, the petitioner was alleged to have committed offences under Section 15(2) of the POCSO Act and...

Kerala High Court Quashes Special Judge's "Unwarranted Remarks" Against IAS Officer, Says Unnecessary Enquiries Blemish Public Servant's Career

The Kerala High Court recently criticised the "casual approach" of a Special Judge appointed under the Prevention of Corruption Act for wrongly making adverse observations against an IAS officer, then serving as the Additional Chief Secretary in the State's Revenue department.Single bench of Justice K. Babu observed that “A special Judge functioning under the PC Act must be conscious of...

Absence Of Incriminating Materials, AO Not Empowered To Reopen Assessments In Block Period Of Six Years: Kerala High Court

The Kerala High Court has held that based on the material obtained during the search, the Assessing Officer, who gets the jurisdiction to re-open the assessments, can do so in respect of the individual assessment years comprised in the block period of six years only if the material obtained during the search under Section 132 of the Income Tax Act, or any part thereof, relates to the...

Ernakulam Bar Association Moves Kerala High Court For Publication Of Expert Committee's Interim Report Proposing Hike In Court Fees

The Ernakulam Bar Association has moved the Kerala High Court seeking publication of the interim report submitted by Justice VK Mohanan led Expert Committee which formed the basis for proposing revisions to court fees during the 2024 Kerala budget. The proposal includes a 5% increase in court fees for cheque cases under the Negotiable Instruments Act, as well as the introduction of court fees...

Kerala High Court Advocates Association Opposes Hike In Court Fees

The Kerala High Court Advocates Association (KHCAA) has submitted their opinion to the Expert Committee headed by Justice V K Mohanan opposing the hike in court fees.The KHCAA stated that the Expert Committee has given recommendations for enhancing the court fees without understanding the ground realities. The proposal to revise court fees was announced during the 2024 budget speech. The...

Sabrimala Airport Construction | Land Acquisition Notice To Be Withdrawn, Fresh Social Impact Study To Be Conducted: Govt Tells Kerala High Court

The Kerala High Court has recorded the submissions made by the Advocate General on behalf of the State Government that it has proposed to withdraw the notifications issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the acquisition of Cheruvally Estate in Kottayam for construction and development of...

Right Of Accused To Adduce All Evidence Is Part Of Fair Procedure, Refusal To Summon Defence Witnesses Should Be Exercised Sparingly: Kerala HC

The Kerala High Court held that the Trial Court's denial of issuing summons to defence witnesses, as requested by the accused during a criminal trial should be an exception and to be used sparingly.Justice Bechu Kurian Thomas held that the right of the accused to enter defence evidence and adduce witnesses is essential to ensure fair procedure under Article 21 of the Constitution of...

Statutory Scheme Determining Taxable Turnover Of Works Contract Under KVAT Act Doesn't Suffer From Any Defect: Kerala High Court

The Kerala High Court has held that the statutory scheme for determining the taxable turnover of a works contract under the Kerala Value Added Tax Act (KVAT Act) does not suffer from any defect so as to render it unworkable to effectuate the charge to tax on a works contract. The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V. M. has observed that it was incumbent upon...

Legal Representatives Of Appellant In Second Appeal Are Entitled To Re-Submit Appeal Which Was Returned For Curing Defects: Kerala High Court

The Kerala High Court has declared that an applicant can resubmit an appeal instituted by a person under whom the applicants claim. The Court clarified that legal representatives of an appellant in a Regular Second Appeal are entitled to re-submit the appeal which was returned for curing the defects. Justice K. Babu held: “The principle emerges is that the right to file an appeal must be...