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,...

Kerala High Court Upholds Relief To Kalyan Jewellers, Rules Unrealised Mark-To-Market Gains Not Taxable

The Kerala High Court on 11 March, held that unrealised gains arising from mark-to-market valuation of forward contracts are not taxable as income unless actually realised. The Division Bench comprising Justice Devan Ramachandran and Justice Basant Balaji dismissed the appeal filed by the Principal Commissioner of Income Tax against Kalyan Jewellers India Ltd. The judges held: “It is doubtless that, in a 'mark-to-market' forward commodities contract, the gains and losses fluctuate until the...

Kerala High Court Sets Aside Banking Ombudsman Order For Failing To Give Reasoned Decision

The Kerala High Court recently set aside an order passed by the Banking Ombudsman rejecting a borrower's complaint over increase in interest rate on a gold loan from 14.5% to 17%, holding that the authority failed to pass a reasoned order despite a specific direction from the Court. A single bench of Justice Harisankar V. Menon was considering a writ petition filed by the borrowers, challenging the Ombudsman's order. The petitioners contended that the rate of interest was increased by the bank...

Kerala High Court Upholds Award Granting Compensation For Entire House Rendered Unusable By NHAI Acquisition

The Kerala High Court dismissed an appeal challenging an arbitral award granting compensation for an entire residential building affected by land acquisition for National Highway-66 development in Kasaragod, Kerala.A division bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. dismissed the appeal filed by the Project Director, National Highways Authority of India, reiterating the limited scope of interference under Section 37 of the Arbitration and Conciliation Act, 1996.“The...