Will Can Be Proved By Establishing That Signatures Of Executant, Witness Are In Their Handwritings If Attesting Witness Is Dead: Kerala HC

The Kerala High Court has clarified the procedure to be followed for providing proof of execution of documents required by law to be attested, including wills. According to the Court, Section 68 of the Evidence Act lays down the mode to be followed. Section 69 provides an alternative procedure when Section 68 cannot be resorted to.The judgment was passed by a Division Bench comprising Justice Satish Ninan and Justice P. Krishna Kumar while considering a Regular First Appeal (RFA) that challenged...

Kerala High Court Initiates Suo Motu PIL To Inquire If Ex-CM VS Achuthanandan's Son Got IHRD's Directorship Due To Political Influence

The Kerala High Court on Friday (27th June) directed the Registry to register a suo motu case to look into whether Dr. V. A. Arun Kumar, who is the current Director of Institute of Human Resource Development (IHRD) got into the position due to his political connection. Dr. VA Arun Kumar is the son of former Chief Minister V. S. Achuthanandan. For context, Institute of Human Resources Development (IHRD) is an autonomous educational institution established by Kerala Government in 1987 registered...

Assessment Based On DVO's Valuation Cannot Be Revised U/S 263 Of Income Tax Act In Absence Of Concrete Material: Kerala High Court

The Kerala High Court held that assessment based on DVO's (Department Valuation Officer) valuation cannot be revised under Section 263 of Income Tax Act in absence of concrete material. Justices A.K. Jayasankaran Nambiar and P.M. Manoj observed that “as on the date of invoking his power under Section 263 of the IT Act, the Commissioner could not have had a 'reason to believe' that...

'Not In Best Interest Of Education': Kerala High Court Expresses Concern Over 12 Varsities Functioning Without Regular Vice-Chancellor

The Kerala High Court expressed concern over the fact that 12 out of 13 Universities in the State having the Governor as the Chancellor, are functioning without a regular Vice-Chancellor. The Court while saying that this might be due to the disagreement between the members of the Senate and the Chancellor, opined that this was not in the best interest of the higher education.A division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji in its order observed:“However, the fact remains...

S.245C Income Tax Act Does Not Require Prior Cut-Off Date, Pending S.153A/153C Notice Sufficient For Settlement Application: Kerala HC

The Kerala High Court stated that Section 245C of Income Tax Act does not require prior cut-off date; pending 153A/153C notice sufficient for settlement application. Justices A.K. Jayasankaran Nambiar and P.M. Manoj opined that “when Section 245C does not prescribe any prior cut-off date for an assessee to satisfy the requirements for filing an application before the Interim Board...

'Decalcified Fish Scale' Import Covered Under Advance Authorisation Scheme; Customs Cannot Deny Benefit: Kerala High Court

The Kerala High Court stated that 'decalcified fish scale' import covered under advance authorization scheme; customs cannot deny benefit. The advance authorization scheme enables duty free import of inputs/raw materials required for manufacture of export goods. Justices A.K. Jayasankaran Nambiar and P.M. Manoj observed that during the period subsequent to the period covered by...

Criticizing Judiciary On Social Media Without Full Knowledge Of Issue Erodes Public Faith In Institution: Justice PB Suresh In Farewell Speech

Justice P. B. Suresh Kumar, who is set to retire from the Kerala High Court on June 30 expressed his concern over social media posts or comments criticizing the judiciary, judges or judgments without giving context or without having knowledge of the issue. The Judge observed that many at times these comments are made based on assumptions without even a basic understanding of law. The...

Unregistered Sale Agreements Are Admissible As Evidence In Suits For Specific Performance: Kerala High Court

The Kerala High Court has held that an unregistered agreement for sale, which is a compulsory registrable document, can be considered as evidence to prove a contract in a suit for specific performance.The Division Bench consisting of Justice Satish Ninan and P. Krishna Kumar has clarified the position of law as regards the admissibility of unregistered documents as evidence in suits for...

"We Have Films Named After Sita & Ram, How Is Janaki A Problem?": Kerala High Court Questions CBFC's Objection To Suresh Gopi's Movie

The Kerala High Court today orally question the Central Board of Film Certification over objection to the use of name 'Janaki' in Suresh Sopi starrer 'JSK – Janaki v/s State of Kerala'.“We have cinemas issued in the name 'Seeta Aur Geeta'. Janaki is Seeta. Nothing happened. No problem. Nobody has any complaint. We have film named 'Ram Lakhan'. Nobody has any complaint. Then how come...

'Manjummel Boys' Cheating Case: Kerala High Court Grants Anticipatory Bail To Producers, Directs Them To Appear Before Police

The Kerala High Court has granted anticipatory bail to producers of Malayalam movie 'Manjummel Boys' in an alleged cheating case regarding the production of the film.Justice Bechu Kurian Thomas observed that a coordinate bench of the high court had already refused a plea for quashing the criminal proceedings. The Single Judge hearing the plea for quashing had observed that the...

Kerala High Court Reserves Order On Plea For CBI Probe Into Alleged Phone Tapping Case Involving Ex-MLA PV Anvar

The Kerala High Court has reserved its orders on the writ petition seeking CBI investigation into the alleged case of illegal phone tapping by former Nilambur MLA P.V. Anvar (13th respondent).The petitioner, who is a business man, has alleged that Anvar illegally tapped his phone to take vengeance. According to the petitioner's affidavit, the ex-MLA has tapped the telephone conversations of...

Two Contradictory GST Orders On Same Allegations Not Sustainable: Kerala High Court

The Kerala High Court has stated that two contradictory GST orders on the same allegations are not sustainable, and the second order cannot exist if the first one already dropped the proceedings. The Bench of Justice Ziyad Rahman A.A. observed that the proceedings were dropped in the first order after accepting the explanation by the assessee, yet a second order was passed on the...