Kerala High Court
'Residential Area' Designated As Per Local Law Cannot Be Interpreted To Mean 'Residential House': Kerala High Court
In a recent decision by the Kerala High Court, a single judge bench of Justice Bechu Kurian Thomas noted that “the term 'residential area designated as per local laws' cannot be interpreted to mean a 'residential house'. The Court was seized of pleas challenging the permission granted for establishing a Bharat Petroleum Corporation Ltd. petroleum retail outlet, which were dismissed for...
Re-Sellers Of Machine Adopted Same Classification As Seller: Kerala High Court Quashes Penalty Under KVAT Act
The Kerala High Court has quashed the penalty under the Kerala Value Added Tax (KVAT) Act and held that re-sellers of machines have not wilfully classified machines under the wrong head and have adopted the same classification as the seller.The bench of Justice Dinesh Kumar Singh has observed that penalty proceedings have to be initiated when there is a willful or contumacious act on the part...
MLA VD Satheesan Moves Kerala High Court Seeking Court Monitored Probe Into K-FON Project Alleging Favouritism & Corruption
Leader of the Opposition of the Kerala Legislative Assembly and MLA V D Satheeshan has moved the Kerala High Court seeking a probe by a Central Investigating Agency (CBI) into the conception and execution of the Kerala Fibre Optic Network Project Ltd. (K-FON).K-FON Project was the infrastructural project of the state government for removing the digital divide by providing universal basic...
LARR Act, 2013 | Kerala High Court Directs State To Lay Down Procedure For Hearing In Cases Of Land Acquisition Under Section 15 Of Act
In a recent judgment regarding the Land Acquisition and Rehabilitation and Resettlement Act, 2013 (LARR), the Kerala High Court directed the state to “actively consider the laying down of a procedure for hearing as contemplated in Section 15 of the Act, which stipulates 60 days from the date of publication of the preliminary inspection under Section 11, for submission of objections.The...
[Masala Bonds Case] KIIFB Moves Kerala High Court Against Summons Issued By ED To Former Chief Secretary
The Kerala Infrastructure Investment Fund Board (KIIFB) has moved the Kerala High Court against the summons issued to Dr Kandathil Mathew Abraham, (Chief Executive Officer, KIIFB) who was also the former Chief Secretary, by the Enforcement Directorate (ED) in relation to the masala bonds case. The summons was issued seeking the submission of documents and for taking oral evidence.Today...
Kerala High Court Grants Bail To Students Accused Of Obstructing Governor Arif Khan's Convoy
The Kerala High Court has granted bail to 7 students who were accused of obstructing Governor Arif Khan's convoy.A single judge bench of Justice CS Dias heard the matter today. The incident occurred on December 11th, 2023, when the governor's convoy was impeded in Palayam by the accused who disobeyed orders of the police, and detained the Governor whilst shouting slogans, thereby causing a...
Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court
The Kerala High Court has reiterated that a subsequent overruling judgment cannot disturb the conclusiveness of an inter parte order that has attained finality. Justice K. Babu made the above observation in a writ petition filed by the complainant seeking further investigation of her case. Significant to note that her application for further investigation was dismissed by the Magistrate in...
Commercial Courts Act | Section 13(2) Contains Non-Obstante Clause Which Does Not Provide For Second Appeals: Kerala High Court
The Kerala High Court recently considered the maintainability of a second appeal filed under the Commercial Courts Act. The issue before the Court was, “whether second appeal is provided from the appellate decree and judgment passed by a Commercial Appellate Court?”Justice A. Badharudeen, dismissing the second appeal as not maintainable observed thus: “..If so, Commercial Courts Act...
[Disaster Management] With High Court's Intervention, Kerala Govt Issues Circular For 'Risk Awareness' Of Development Projects At Planning Stage
The Kerala government has informed the High Court that in compliance with Court's directions, it has issued a circular to all its departments and local self-governments instructing them to comply with the report of the State Disaster Management Authority (KSDMA) for considering the risks involved in an infrastructural development project at the planning stage itself.Based on the order of...
Kerala High Court Annual Digest 2023: Criminal Law
Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption CaseCase Title: T. A. Abdul Sathar v. The State of Kerala and Ors.Citation: 2023 LiveLaw(Ker) 3The Kerala High Court observed that a finding on the veracity of the material in a case where the allegations levelled by the prosecution disclose a cognizable offence,...
Kerala High Court Asks Cochin Devaswom Board To File Appeal Seeking Directions For Solid Waste Management During Thrissur Pooram
The Kerala High Court recently directed the Cochin Devaswom Board to file a Devsawom Board Appeal (DBA) seeking specific directions regarding solid waste management in connection with the disposal of plastic, biodegradable and non-biodegradable waste that will be generated during the Thrissur Pooram in 2024.“The Cochin Devaswom Board is directed to file a DBA, with the Thiruvambady...
[EPF ACT] S.14 B Does Not Mandate Imposition Of 100 % Damages On Employer As Penalty: Kerala High Court Upholds Order Reducing Penalty To 50%
The Kerala High Court has upheld the order of a Central Government Industrial Tribunal-Cum-Labour Court (Tribunal) which reduced the amount of damages from 100% to 50% stating that Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act (EPF) Act does not mandatorily prescribe that 100% amount of damages has to be imposed as penalty.Section 14-B pertains to the power...