Party Barred From Taking Plea Of Duress After Accepting Full & Final Settlement Pursuant To Court Order: Kerala High Court

The Kerela High Court bench of Justice Syam Kumar V.M. and Justice Sushrut Arvind Dharmadhikari has held that when the payment due to the petitioner was made by the respondent pursuant to a court order explicitly directing it as full and final settlement of all liabilities, and the petitioner also issued a letter accepting the same, he cannot subsequently claim that the letter was issued under duress or out of necessity. Brief Facts: This appeal is filed by the State challenging...

New Arbitrator Must Initiate Proceedings Afresh When Previous Arbitrator's Appointment Is Void Ab Initio: Kerala High Court

The Kerala High Court bench of Justice M.A. Abdul Hakhim has held that where an arbitral award is set aside on the ground that the appointment of the arbitrator was void ab initio and the arbitral proceedings are declared non est, the new arbitrator must initiate proceedings afresh. The question of admissibility of previously recorded evidence is to be decided by the new arbitrator. Brief Facts The petitioner, M.I. Mohammed, a government contractor, entered into an agreement with M/s...

Kerala High Court Imposes Cost On Bank For Illegally Retaining Client's Documents After Closure Of Loan

The Kerala High Court, in a decision by Justice Bechu Kurian Thomas, has imposed costs on the South Indian Bank, Aluva Branch, for the illegal retention of documents after the closure of the loan.The petitioner and her husband had taken a loan from the bank in 2009. The bank acknowledged the deposit of four title deeds by the petitioners as security for the housing loan availed from them. The documents, which included two exchange deeds, a release deed, and a sale deed, all of the Aluva Sub...

Kerala High Court Directs Customs To Dispose Of Seized Buffalo Meat Consignments Within One Month Due To Perishability

The Kerala High Court has directed the customs department to dispose of seized buffalo meat consignments within one month due to perishability. The Bench of Justice Ziyad Rahman A.A was addressing the issue pertaining to the seizure of the consignments of buffalo meat, which were proposed to be exported to a foreign country. On examination, it was found that there was a misdeclaration by the consignor, and it contained certain items which were prohibited from being exported. ...

No Provision To Reject Appeal On Non-Appearance Of Assessee, Must Be Decided By Mandate U/S 250(6) Of Income Tax Act: Kerala High Court

The Kerala High Court stated that there is no provision of rejecting the appeal merely on non-appearance of assessee and the appellate authority must decide an appeal by strictly following the mandate contemplated under Section 250(6) of the Income Tax Act, 1961. The Bench of Justice Ziyad Rahman A.A. observed that “evidently, going by Subsection 6 of Section 250, no other meaning can be assigned to the words “points for determination” as it obviously leads to the question that arises ...

Vessel Engaged Under SEAIOCM Agreement Qualifies As 'Foreign Going Vessel' For Exemption U/S 87 Of Customs Act: Kerala High Court

The Kerala High Court stated that vessel engaged under SEAIOCM agreement qualified as 'foreign going vessel' for exemption under section 87 Of Customs Act. The Bench consists of Justices A.K. Jayasankaran Nambiar and P.M. Manoj was addressing the issue of whether in the backdrop of the terms of engagement of the vessel under the SEAIOCM Agreement, the vessel can be categorized as a foreign going vessel for the purposes of claiming exemption under Section 87 of the Customs Act. In ...

Import Of Inverter Component Without Photo-Voltaic Cell Not Eligible For Customs Duty Exemption: Kerala High Court

The Kerala High Court stated that import of inverter component without photo-voltaic cell not eligible for customs duty exemption. “Inasmuch as the import was only of the inverter component, without the photo-voltaic cell - a component that was essential for harnessing solar energy, which could then be routed through the inverter system for the supply of electrical energy to the grid, the assessee cannot be seen as eligible for the benefit of the exemption notification……” stated the...

Absence Of Formal Demand Notice For Property Tax During Pendency Of Litigation Does Not Absolve Assessee's Obligation To Pay: Kerala High Court

The Kerala High Court stated that absence of a formal demand notice for property tax during pendency of litigation does not absolve assessee's obligation to pay such tax. The Division Bench of Justices A.K. Jayasankaran Nambiar and P.M. Manoj stated that “The liability to pay the tax once assessed is on the assessee and in a situation where the assessee continuously pays the tax based on the assessment that is conducted, the mere fact that the Corporation did not choose to issue a...

TRAI And CCI Are Sectoral Regulators With Defined Jurisdictions, Any Overlap Will Not Oust Jurisdiction Of Either: Kerala High Court

The Kerala High Court recently passed a judgment clarifying the scope and jurisdiction of the Competition Commission of India (CCI) and the Telecom Regulatory Authority of India (TRAI).Justice D.K. Singh in his 142 page judgment laid down the position of law while hearing Writ Petitions stating an alleged 'conflict' of jurisdiction between the two regulatory bodies. The court observed that CCI is a sectoral regulator, so far as it relates to the curbing of anticompetitive practices in India...

Writ Petition Can Be Entertained When Order U/S 9 Of Arbitration Act Neither Grants Nor Refuses Relief: Kerala HC

The Kerala High Court bench of Justice Harisankar V. Menon has held that a writ petition under Articles 226/227 of the Constitution of India can be entertained against an order passed by the Commercial Court under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) when such an order neither grants nor refuses to grant relief, thereby not making it appealable under Section 37 of the Arbitration Act. Brief Facts: Flemingo (DFS) Private Limited (Petitioner) has...

Kerala Municipality Act | Building Owners Liable To Pay Revised Property Tax For Past Three Years After Adjusting Previously Paid Amount: HC

The Kerala High Court stated that building owners liable to pay revised property tax for past three years, after adjusting previously paid amounts. The Bench of Justice Bechu Kurian Thomas was addressing the issue of whether, despite the creation of charge on the property enabling the Municipality to recover the arrears of tax as arrears of public revenue, the limitation period would stand extended beyond three years. The bench opined that despite the provisions of the Limitation...

Income Tax | Amount Received As Compensation For Compulsory Acquisition Of Landed Property Is Income Under 'Capital Gains': Kerala High Court

In a recent judgment, the Kerala High Court stated that the amounts received by an assessee as compensation or enhanced compensation for compulsory acquisition of his landed property would be treated as income under the head of 'Capital Gains' for the purposes of the I.T. Act. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. stated that “Interest amounts received by an assessee in respect of delayed payment of compensation under the LAA will be treated as...