Kerala High Court To Examine K-RERA Order Requiring Registration Of Certain Projects Under 500 Sq. Metres

The Kerala High Court recently (June 22) admitted a writ petition challenging a Kerala Real Estate Regulatory Authority (K-RERA) order requiring registration of projects built on less than 500 square metres of land if they comprise more than eight units. The matter came up before Justice Gopinath P. The court admitted the petition and granted K-RERA time to obtain instructions. Greha Homes Pvt. Ltd., the petitioner, contends that its "Greha Five Elements" project, comprising 14 apartment...

Draft Assessment Order Required Only For 'Eligible Assessees' Under Faceless Assessment: Kerala High Court

The Kerala High Court has held that tax authorities conducting faceless assessments are not required to issue a draft assessment order before finalising proceedings in the case of ordinary assessees. Justice Ziyad Rahman A.A., while dismissing writ petitions filed by a partnership firm engaged in the real estate business, observed that the requirement applies only to "eligible assessees" specifically defined under the Income Tax Act. "The requirement of issuing a draft assessment order before...

Property Tax Revision Invalid Without Mandatory Publication Compliance: Kerala High Court

The Kerala High Court on 2 June quashed enhanced property tax demands issued by the Haripad Municipality, holding that revised property tax rates cannot be enforced without compliance with the mandatory notification and publication requirements prescribed under the Kerala Municipality (Property Tax Services and Surcharge) Rules, 2011. Justice Ziyad Rahman A.A. was deciding a batch of writ petitions challenging enhanced property tax demands issued in respect of various buildings within the...

NCLT Consent Order Does Not Bar Appeal Against Unconsented Penalty: Kerala High Court

The Kerala High Court on 10 June held that even where an order of the National Company Law Tribunal (NCLT) is recorded as a consent order, a party may still challenge a penal condition before the appellate tribunal if it was not specifically consented to. Justice Harisankar V. Menon disposed of a writ petition filed by Gramox Paper & Boards (P) Ltd and its authorised representative, granting them liberty to challenge an NCLT Kochi Bench order before the National Company Law Appellate...

Kerala High Court Dismisses Federal Bank's Plea Against ED Attachment Of Mortgaged Property, Points To PMLA Court

The Kerala High Court has dismissed a writ petition filed by Federal Bank challenging the Enforcement Directorate's attachment of a mortgaged property. The court held that since the attachment had already been confirmed by the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), the bank's remedy was to approach the Special Court dealing with PMLA cases. Justice P.V. Balakrishnan observed, “Admittedly, the attachment effected by the respondent, has been confirmed by the...

RERA Redevelopment Registration Exemption Applies Only If Original Project Didn't Need Registration: Kerala High Court

The Kerala High Court has held that the exemption from registration available for renovation, repair or redevelopment projects under the Real Estate (Regulation and Development) Act, 2016 cannot be claimed where the original project itself was required to be registered under the law. Dismissing a batch of writ petitions filed by the Army Welfare Housing Organisation (AWHO) and its Project Director, the court upheld interim orders of the Kerala Real Estate Regulatory Authority (K-RERA). The...

RBI Ombudsman Cannot Reject Complaints Through Unsigned Emails, Must Give Reasons: Kerala High Court

The Kerala High Court has held that the RBI Ombudsman cannot dismiss complaints through unsigned, system-generated communications that contain no reasons, observing that orders affecting the rights of parties must disclose the basis for the conclusions reached. Justice Bechu Kurian Thomas delivered the judgment while setting aside a communication issued by the RBI Ombudsman rejecting a complaint filed by Unique Enterprises and its partner against Kotak Mahindra Bank. “In the absence of...

Kerala High Court Sets Aside One-Line Dismissal Of Cheque Dishonour Appeal, Calls It 'Shocking'

On 17 June, the Kerala High Court set aside an appellate court order that had dismissed a cheque dishonour appeal for default, holding that courts cannot dispose of criminal appeals against conviction mechanically merely because the appellant or counsel remains absent. Justice A. Badharudeen held that an appellate court must independently re-appreciate the evidence and pass a reasoned judgment while deciding an appeal against conviction and sentence. He held: “…a judgment in a criminal case,...

NTA Committee's Approval Not Needed Before SARFAESI Action Against Property Of Person With Disability: Kerala HC

The Kerala High Court has held that a secured creditor proceeding under the SARFAESI Act is not required to obtain prior permission from the Local Level Committee constituted under the National Trust Act before proceeding against property in which a ward (a person with specified disabilities) has an interest. Justice P.V. Balakrishnan made the observation while dismissing a writ petition challenging SARFAESI proceedings initiated by Canara Bank against secured assets in which the second...

Cheque Bounce Cases Cannot Be Allowed To Degenerate Into 'Interminable Litigation': Kerala High Court

The Kerala High Court has observed that proceedings in cheque dishonour cases cannot be allowed to "degenerate into interminable litigation", while dealing with a complaint instituted in 2004 that remained pending for more than two decades. Justice C.S. Dias made the observation while dismissing a petition filed by the accused seeking to stay and quash the prosecution and directing the Trial Court to dispose of the complaint within two months. “The object of Chapter XVII of the Negotiable...

Kerala HC Stays NH 66 Compensation Arbitration, Prima Facie Questions District Collector's Eligibility As Arbitrator

The Kerala High Court has recently stayed an order of the Ernakulam District Collector and directed that arbitration proceedings concerning compensation for land acquired for the widening of National Highway 66 remain in abeyance. The court found that the landowner had made out a strong prima facie case in challenging the Collector's continuation as arbitrator in the dispute. Justice C. Jayachandran passed the interim order while considering a writ petition filed by a landowner whose...

Presiding Arbitrator Has No Noteworthy Superior Role Over Other Arbitrators Except On Procedure: Kerala HC

The Kerala High Court on Friday observed that a presiding arbitrator has no noteworthy superior role over the other members of an arbitral tribunal except in matters of procedure where authorised by the parties or the tribunal. Justice S. Manu observed, “It is clear from the arbitration clause that the third arbitrator nominated by the two arbitrators chosen by the parties shall preside the tribunal. The learned counsel for the petitioner is correct in contending that the presiding...