Kerala High Court
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 the waste is properly managed near the stations, enough steps are not taken to remove waste from the side...
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 who was brought to the government hospital by Pooyappally police. Justice A. Badharudeen while...
[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...
[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...