Kerala High Court
[SARFAESI Act] Nature Of Secured Asset Continues To Remain Same Even After Being Purchased By Secured Creditor: Kerala High Court
The Kerala High Court held that a 'secured asset' continues its nature of 'secured asset' even after it is bought by the secured creditor. The Secured creditor can move under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), the Court said.Justice N. Nagaresh observed that in Balakrishna Rama Tarle Dead through...
Kerala High Court Lays Down Guidelines Fixing Time Limit For Statutory Authorities To Pass Orders In Matters Where Hearing Is Concluded
The Kerala High Court formulated guidelines related to passing orders by statutory authorities in matters where hearing is already concluded. The Court directed that orders should be passed within 30 days after the hearing is concluded in appeals, revisions and other statutory proceedings. If the order is passed after one month, the order should mention the reason for the delay. Further, if...
Kerala High Court Calls Railways A "Bulk Waste Generator", Says It Must Take Responsibility To Clear Railway Tracks & Sidings
The Kerala High Court said that the Railways will have to be regarded as a 'bulk waste generator' as most of the waste found throughout the tracks seems to be from the trains. The Court observed that Railways has a duty to prevent the disposal of waste on the tracks.The Court said that the waste disposed on the tracks flows into water bodies causing substantial environmental damage. Though...
Long Lasting Provocation Not 'Sudden Provocation': Kerala HC Upholds Framing Of 'Murder' Charge Against Accused In Dr Vandana Das Case
The Kerala High Court has upheld the order of the trial court disallowing the discharge application of Sandeep, booked for the murder of Dr Vandana Das. The Court stated that the prosecution materials prima facie substantiate the framing of charges under Section 228 of CrPC against Sandeep to proceed with the trial.Dr Vandana Das, the 23-year-old house surgeon was stabbed to death by Sandeep...
[Masala Bonds Case] ED Summons Illegal, Individuals Need Greater Protection Than Statutory Bodies: Ex-Finance Minister Dr Thomas Isaac Tells Kerala HC
Former Finance Minister Dr Thomas Isaac submitted before the Kerala High Court that he is an individual citizen and requires greater protection than KIIFB which is a statutory corporation against the summons issued by the Enforcement Directorate (ED) in the 'masala bonds' case. It was submitted that the summons issued against Dr Isaac under the Foreign Exchange Management Act has...
Kerala High Court Quashes Order Demanding Late Fee For Delay In Filing GSTR-9C
The Kerala High Court has quashed the order demanding a late fee for delay in filing GSTR-9C.The bench of Justice Murali Purushothaman relied on the decision of Kerala High Court in the case of Anishia Chandrakanth v. the Superintendent, Central Tax & Central Excise, in which it was held that in view of Notification No. 07/2023-Central Tax and Notification No. 25/2023, there appears to be...
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...