Kerala High Court
Kerala High Court Dismisses Contempt Plea In Byju'S US Assets Sale Dispute, Imposes Costs
The Kerala High Court on April 6 dismissed a contempt petition arising out of the sale of US-based subsidiaries of BYJU'S, holding that contempt proceedings cannot be sustained once the underlying order has been set aside by the Supreme Court of India, and imposed costs of Rs. 50,000 on the petitioners.A Bench of Justice Easwaran S dismissed a contempt petition filed by Voizzit Technology Private Limited and its connected entity, and imposed costs of Rs. 50,000 on them, payable to the Kerala...
Hypothecation Agreements Attract Stamp Duty As General Agreements, Not Pledge Or Mortgage: Kerala High Court
The Kerala High Court has held that a hypothecation agreement executed to secure a loan attracts stamp duty as a general agreement under Article 5(g) of the Kerala Stamp Act and not as a pledge or mortgage, which attracts higher duty. Clarifying the position, the court said Article 6 of the Act applies only to pledges. “Article 6 of the Act will get attracted only if the instrument in question is a 'pledge'. On a conspectus reading of the agreement of hypothecation, it is evident that the...
Ex-Promoter Of Learnfluence, Which Runs Lakshya Coaching Platform, Moves Kerala High Court Against IPO
Adheesh Damodaran, erstwhile promoter of Learnfluence Education Limited and co-founder of Lakshya CA Campus, has approached the Kerala High Court challenging the proposed initial public offering (IPO) of the company, which runs the Lakshya platform offering commerce education, alleging large-scale fraud, forgery, and manipulation of company records. In his writ petition, Damodaran has questioned the decision to allow Learnfluence to proceed with the IPO despite what he describes as “pervasive...
RERA Orders Not Civil Decrees, Recoverable As Arrears Of Land Revenue: Kerala High Court
The Kerala High Court has held that amounts awarded by the Real Estate Regulatory Authority (RERA) can be recovered as arrears of land revenue under the Real Estate (Regulation and Development) Act, 2016, and that such orders do not amount to “decrees” requiring execution through civil courts. By dismissing an appeal moved by Sanroyal Builders and Contractors Pvt. Ltd. and its managing director against homebuyer Divya Balu, the Court has effectively allowed the recovery process under the RERA...
Kerala High Court Upholds Injunction Against 'HAZZA', Finds Prima Facie Infringement Of 'LAZZA' Trademark
The Kerala High Court has upheld an interim injunction restraining the use of the mark “HAZZA” in a trademark dispute, holding that the rival mark is prima facie deceptively similar to “LAZZA” and likely to cause confusion among consumers. A single-judge bench of Justice S. Manu was hearing an appeal filed by Taste Box challenging an order of the Additional District Court, Ernakulam, which had granted interim injunction in favour of JSF Holdings Pvt Ltd. "in my view, the appellant, by adopting...
Withdrawal Slip Can Qualify As 'Cheque' If It Operates As Payment Mandate: Kerala High Court
The Kerala High Court recently held that a withdrawal slip drawn on a co-operative society qualifies as a “cheque” under the Negotiable Instruments Act, 1881, if it functions as a mandate for payment. Justice C.S. Dias, sitting in a Single-Judge Bench, considered a petition filed by Clara Dominic, the accused in a summary trial before the Judicial First Class Magistrate Court, Pala, seeking to quash proceedings under Section 138 of the Act. The Court observed: “The substance of the...
Writ Appeal Not Entertainable When Arbitration Offers Adequate Remedy: Kerala High Court
The Kerala High Court on 6 April, declined to entertain a writ appeal arising from termination of a contractual agreement, holding that when efficacious alternative remedies exist under arbitration, the writ court ordinarily refrains from exercising its discretionary jurisdiction. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M observed: “…having regard to the fact that there are efficacious alternative remedies available where such issues can be more conveniently dealt...
Kerala High Court Quashes 25 kg Gold Confiscation, Holds Denial Of Cross-Examination Vitiates Proceedings
The Kerala High Court on 3 March quashed a customs confiscation order involving 25 kilograms of gold, holding that denying the petitioners an effective opportunity to adduce evidence and cross-examine witnesses caused prejudice and violated principles of natural justice. Justice Ziyad Rahman A A, sitting as a Single-Judge Bench, allowed writ petitions challenging the Order-in-Original passed by the Customs authority, which had confiscated the gold and imposed penalties. He observed: “The...
Cheque Not Legally Enforceable For Full Amount If Part Payment Not Endorsed: Kerala High Court
The Kerala High Court has held that a cheque presented for its full value despite prior part payments without endorsement does not represent a legally enforceable debt, while upholding an acquittal in a cheque dishonour case. Justice A. Badharudeen, while dismissing an appeal filed by complainant Danikutti Philip, held, "However, when part payment(s) is/are made and the indorsement mandated under Section 56 of the NI Act failed to be recorded, presenting the cheque for the whole sum, of which a...
Foreign Arbitral Award Unenforceable In India Without Valid Arbitration Agreement: Kerala High Court
The Kerala High Court on Tuesday held that a foreign arbitral award, even if confined to costs, cannot be enforced in India under the Arbitration and Conciliation Act, 1996, if it is rendered in the absence of a valid arbitration agreement, holding that such disputes are not capable of settlement by arbitration under Indian law. Justice S. Manu dismissed an execution petition filed by Concilium Marine Group AB and Concejo AB, two Swedish entities, against an Indian resident, observing, “A...
Earthen Roofing Tiles By Khadi Board-Recognised Unit Qualify For VAT Exemption: Kerala High Court
The Kerala High Court on 12 March held that earthen roofing tiles manufactured by a unit recognised and financed by the Kerala Khadi and Village Industries Board are eligible for tax exemption as “pottery” under the KVAT Act. A Division Bench comprising Justices Devan Ramachandran and Basant Balaji set aside tax demands raised against Annamanada Kalimon Vyavasaya Sahakarana Sangham Ltd., a cooperative society engaged in manufacturing clay products in Thrissur. The Bench observed: “We allow...
Litigant Cannot Claim Right To Privacy To Override Court Orders On Disclosure: Kerala High Court
The Kerala High Court on 25 March held that a bank must comply with court directions and cannot refuse disclosure of account details on privacy grounds, even if a litigant alleges violation of his right to privacy. A Division Bench of Justice Anil K Narendran and Justice Muralee Krishna S dismissed an appeal against the Single Judge's order declining to exercise writ jurisdiction under Article 226 of the Constitution. The Court observed: “In the absence of proper parties in the party array,...