Interim Release Of Goods Can Be Ordered Pending Adjudication Of Notice U/S 130 GST Act In Lieu Of Fine: Kerala High Court
2 months ago

Interim Release Of Goods Can Be Ordered Pending Adjudication Of Notice U/S 130 GST Act In Lieu Of Fine: Kerala High Court

Live Law  

The Kerala High Court has held that interim release of goods can be ordered pending adjudication of notice under section 130 GST Act in lieu of fine. The department submitted that Section 130 does not contemplate provisional release of goods which are proposed to be confiscated and the department has no authority to release the goods pending adjudication and until the culmination of adjudication, the party from whom the goods were seized cannot claim release of such goods and that legal proceedings cannot be whittled down on grounds of expediency. Further, after the owner of the goods avails the option but refuse to make payment in lieu of confiscation, Section 130 permits the proper officer to withdraw the order of release and hold possession of the goods confiscated.” High Court observed that the provisional release does not in fact result in loss of absolute custody by the Department over the goods seized, as the Department will still have constructive custody. In view of the above, the bench directed the department to release the goods seized to the assessee pending adjudication of show cause notice.

High Court Department Release Goods Pending Seized Assessee Kerala High Adjudication Confiscation Gst Act Pending Adjudication  goods  interim  adjudication  department  assessee  gst  release  lieu  confiscation  ordered  released  kerala  high  provisional  notice  pending  seized

History of this topic

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court
2 weeks, 1 day ago

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

Live Law  

The Kerala High Court observed that an appeal under Section 19 of the Contempt of Court Act will lie only in cases when the order is connected and incidental to the order of punishment for contempt. “Hence, the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, …

[CGST ACT] Dept Can't Seize Goods If Quantity Or Weight Of Goods Is Found Correct On Physical Verification: Calcutta High Court
2 weeks, 3 days ago

[CGST ACT] Dept Can't Seize Goods If Quantity Or Weight Of Goods Is Found Correct On Physical Verification: Calcutta High Court

Live Law  

The Calcutta High Court stated that GST department cannot seize the goods if the quantity or weight of the goods is found correct on physical verification. The Division Bench of Chief Justice T.S Sivagnanam and Justice Hiranmay Bhattacharyya noted that the quantity or the weight of the goods, which were carried in the vehicle, has been found to be correct …

Cash Seized From Assessee Cannot Be Retained By GST Dept Or IT Dept Prior To Finalisation Of Proceedings: Kerala High Court
3 weeks, 6 days ago

Cash Seized From Assessee Cannot Be Retained By GST Dept Or IT Dept Prior To Finalisation Of Proceedings: Kerala High Court

Live Law  

The Kerala High Court stated that illegal cash seizure by GST Department and handing over to Income Tax Department is illegal under Section 132A of the Income Tax Act. Jyasankaran Nambiar and Easwaran S. held that “Cash amount seized from the premises of the assessee cannot be retained either by the GST Department of the State or the Income Tax …

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 2 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

Live Law  

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
1 month, 2 weeks ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law  

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC
3 months ago

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

Live Law  

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962, the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. Court said the phrase cannot be construed as a free-pass and “Ultimately it is incumbent upon the authority to establish that it …

Tax Weekly Roundup: November 25 - December 01, 2024
3 months, 2 weeks ago

Tax Weekly Roundup: November 25 - December 01, 2024

Live Law  

HIGH COURTS Allahabad HC Time Extension Notification Dated 24.04.2023 Valid Only From 31.03.2023, Not Before: Allahabad High Court Case Title: M/s A.V. Review Plea Against SLP Constitutes "Disputed Tax" U/S 2: Delhi High Court Case title: NRA Iron And Steel Pvt Ltd v. Income Tax Department & Ors. S.99A Customs Act | Final Report Containing Audit Findings Can Be Drawn …

GST | Separate Notification Needed For Cross-Empowerment Of State Officials? Kerala High Court Refers To Division Bench
3 months, 2 weeks ago

GST | Separate Notification Needed For Cross-Empowerment Of State Officials? Kerala High Court Refers To Division Bench

Live Law  

A single bench of the Kerala High Court has referred to the division bench the issue relating to the cross-empowerment of State officials under Section 6 of the Goods and Services Act.Justice P Gopinath passed the reference order in a writ petition filed by a company challenging a show-cause notice issued by the State authorities. A single bench of the …

Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants
3 months, 3 weeks ago

Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants

Live Law  

The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason. In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of …

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court
4 months ago

Certified Copy Not Necessary To File GST Appeal, Order Downloaded From Site Enough: Gujarat High Court

Live Law  

Quashing an order of the tax authority which rejected a GST Appeal due to non-submission of a certified copy, the Gujarat High Court said that when an appealed order is available on a common portal and can be directly accessed by the Appellate Authority, there should be no need to submit a “certified copy” to confirm its authenticity. At the …

GST | Assessee Entitled To Fresh Notice If Initial Notice U/S 73 Was Missed Due To Being Uploaded Under 'Additional Notices' Tab: Allahabad HC
4 months, 1 week ago

GST | Assessee Entitled To Fresh Notice If Initial Notice U/S 73 Was Missed Due To Being Uploaded Under 'Additional Notices' Tab: Allahabad HC

Live Law  

The Allahabad High Court has held that an assessee is entitled to fresh notices demanding unpaid tax or short tax under Section 73 of the Goods and Service Tax Act, 2017, if the initial notices were not duly communicated to the assessee. Ltd. v. State of UP whereby “benefit of doubt” was given to the assessee since notices issued to …

Indirect Tax Weekly Round-Up: 21 To 27 July 2024
7 months, 2 weeks ago

Indirect Tax Weekly Round-Up: 21 To 27 July 2024

Live Law  

Supreme Court Customs Act | Owner Of Goods Liable To Pay Customs Duty Even After Confiscated Goods Are Redeemed Paying Fine : Supreme Court Case Title: M/S Navayuga Engineering Co. Ltd. Madras High Court Interest Can't Be Demanded When Entire Stamp Duty Paid During Pendency Of Appeal: Madras High Court Case Title: The Chief Revenue Controlling Authority Chennai Versus R.Muniyandi …

Kerala High Court Directs Selection Process To Establish GST Appellate Tribunal To Be Completed Within Four Months
8 months ago

Kerala High Court Directs Selection Process To Establish GST Appellate Tribunal To Be Completed Within Four Months

Live Law  

The Kerala High Court recently directed for completion of the selection process for establishing the GST Appellate Tribunal. “In the light of the fact that the process has already been initiated to establish the GST Appellate Tribunal, we order that entire selection process shall be completed within a period of four months”, ordered the Division Bench comprising Acting Chief Justice …

CBIC Issues Guideline To Address Recovery Of Outstanding Dues Till GSTAT Becomes Functional
8 months ago

CBIC Issues Guideline To Address Recovery Of Outstanding Dues Till GSTAT Becomes Functional

Live Law  

The Central Board of Indirect Taxes and Customs has issued the guidelines for recovery of outstanding dues, in cases in which first appeal has been disposed of, till the Goods and Service Tax Appellate Tribunal comes into operation.The Board has received doubts from the trade and the field formations in respect of recovery of outstanding dues, in cases where the …

Undervaluation Can't Lead To Seizure Of Goods In Transit By Inspecting Authority: Karnataka High Court
8 months, 2 weeks ago

Undervaluation Can't Lead To Seizure Of Goods In Transit By Inspecting Authority: Karnataka High Court

Live Law  

The Karnataka High Court has held that undervaluation cannot be a ground for seizure of goods in transit by the inspecting authority.The bench of Justice Krishna S. Dixit and Justice Ramachandra D. Huddar upheld the single bench order in which the obligation to pay tax and penalty has been quashed coupled with a direction to release the vehicle.The conveyance bearing …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
10 months ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Indirect Tax Cases Weekly Round-Up: 25 February To 3 March 2024
1 year ago

Indirect Tax Cases Weekly Round-Up: 25 February To 3 March 2024

Live Law  

Delhi High Court Case Title: Apshara Garments Pvt. Bombay High Court Case Title: Shri Yogesh Rajendra Mehra Versus Principal Commissioner CGST & Central Excise Raigad The Bombay High Court has held that any deficiency in filing the appeal or application, like failure to file physical documents, cannot cause the appeal, which was registered on the online portal within the prescribed …

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
1 year, 1 month ago

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice

Live Law  

The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.The bench of Justice G.S. The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A …

[Kerala GST Act] 'Officials Can Invoke Power To Arrest U/S 69 If Offence Made Out U/S 132': HC Denies Bail To Man In ₹6.4 Crore Tax Evasion Case
1 year, 3 months ago

[Kerala GST Act] 'Officials Can Invoke Power To Arrest U/S 69 If Offence Made Out U/S 132': HC Denies Bail To Man In ₹6.4 Crore Tax Evasion Case

Live Law  

The Kerala High Court made it clear the officials can invoke the power to arrest under Section 69 of the Kerala State Goods and Services Act, 2017 if there was a reasonable belief that an offence under Section 132 was made out and that custodial interrogation was necessary. Thus, the reference to Section 132 in Section 69 is only to …

Department Required To Serve Notice Upon Legal Representative Of Deceased Before Proceeding Under GST Act: Allahabad High Court
1 year, 3 months ago

Department Required To Serve Notice Upon Legal Representative Of Deceased Before Proceeding Under GST Act: Allahabad High Court

Live Law  

The Allahabad High Court has held that the Goods and Service Tax Department is required to serve notice upon the legal representative of a deceased before proceeding against the deceased under the Central Goods and Service Tax Act, 2017. A show cause notice was issued in the name of petitioner’s husband imposing liability of Rs.8,97,716/- under the proviso to Section …

GST Act | Proceedings Ought Not To Be Initiated If Rectified Tax Invoices, E-Way Bills Produced Before Passing Detention Order: Allahabad HC
1 year, 4 months ago

GST Act | Proceedings Ought Not To Be Initiated If Rectified Tax Invoices, E-Way Bills Produced Before Passing Detention Order: Allahabad HC

Live Law  

The Allahabad High Court has held that once rectified/ correct tax invoices and e-way bills are produced before the authorities before passing of the detention/ seizure order, the proceedings under the Goods and Service Tax Act, 2017 ought not to be initiated. Vs. Union of India and others and M/s Bhumika Enterprises Vs. State of UP and others, the bench …

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court
1 year, 4 months ago

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

Live Law  

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act.It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K. The …

Bombay High Court Restrains GST Dept. From Passing Final Order On Demand Notices Against Delta Corp.
1 year, 4 months ago

Bombay High Court Restrains GST Dept. From Passing Final Order On Demand Notices Against Delta Corp.

Live Law  

The Bombay High Court has restrained the GST Department from passing final order on demand notices against Delta Corp.The bench of Justice M.S. The Bombay High Court has restrained the GST Department from passing final order on demand notices against Delta Corp. In addition to contesting several other circulars, clarifications, and rate notifications issued by the Central Board of Indirect …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 9 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner …

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court
1 year, 9 months ago

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

Live Law  

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities Act, 2007. In other words, an unexplained delay in issuing the order of detention after the …

Order Prescribing Conditions Of Provisional Release Is Too Harsh: CESTAT Directs Release Seized Goods
1 year, 10 months ago

Order Prescribing Conditions Of Provisional Release Is Too Harsh: CESTAT Directs Release Seized Goods

Live Law  

The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that the order prescribing conditions of provisional release was too harsh and the assessee has already paid duty amounting to Rs. 1,18,94,536.The bench of Dr. Suvendu Kumar Pati and Sanjiv Srivastava modified the conditions in the order of provisional. The bench of Dr. Suvendu Kumar Pati …

Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court
1 year, 11 months ago

Kerala High Court Vacates Stay On NGT Order After Communication From SC Registry That It Has Already Been Affirmed By Apex Court

Live Law  

The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to pay environmental compensation for its illegal and unauthorised mining activities.A challenge to the said order of the National Green Tribunal had been earlier dismissed by the Supreme Court. The Kerala High Court recently vacated its interim order staying NGT's direction to M/s.Cochin Granites to …

State Instrumentalities Must Deal With Citizens Fairly: Kerala High Court Orders Release Of Amount Withheld In Excess Of Quantified Loss In Road Project
2 years ago

State Instrumentalities Must Deal With Citizens Fairly: Kerala High Court Orders Release Of Amount Withheld In Excess Of Quantified Loss In Road Project

Live Law  

The Kerala High Court recently held that the Government cannot retain any amount in excess of the loss already quantified by it with regard to the amount due to a contractor on the premise of breach of contract.“The State and its instrumentalities are expected to deal with the citizens in a fair manner in all circumstances.”, the court observed in …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
2 years, 1 month ago

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Live Law  

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A …

Payment Of Tax And Penalty To Release Detained Goods Can’t Be Treated As “Admission” On The Part Of Assessee: Delhi High Court
2 years, 1 month ago

Payment Of Tax And Penalty To Release Detained Goods Can’t Be Treated As “Admission” On The Part Of Assessee: Delhi High Court

Live Law  

The Delhi High Court has held that the payment of tax and penalty to release the detained goods shall not be treated as "admission" on the part of the assessee.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the petitioner had paid the tax and penalty for the release of the goods and that the …

100 Important High Court Judgments of GST in 2022
2 years, 2 months ago

100 Important High Court Judgments of GST in 2022

Live Law  

Allahabad High Court: Allahabad High Court Stays GST Demand On Payment Of Royalty To Conduct Mining Activity Case Title: M/s Jitendra Singh versus Union of India The Allahabad High Court bench of Justice Saumitra Dayal Singh has stayed the GST demand on payment of royalty to conduct mining activity. Show Cause Notice Cancelling GST Registration Must Disclose Reason: Allahabad High …

S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court
2 years, 6 months ago

S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court

Live Law  

Observing that scope of granting ad interim injunction is limited, the Kerala High Court has held that Courts must be vigil and cautious while granting the relief ex parte without notice to the counter petitioner or defendant.Justice P. Somarajan further added that the scope of relief to grant interim injunction should be pertaining to the matters incorporated under Section 135 …

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court
2 years, 6 months ago

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court

Live Law  

The Kerala High Court recently observed that an order passed without issuing notice to the opposite party cannot be brought under the purview of Section 36 CPC and it cannot be executed through court until the same is merged in a subsequent order after notice to the opposite party.Justice P. Somarajan observed that in cases where the ex parte order …

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court
2 years, 7 months ago

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that cases pending before commercial courts in the State as on 18.03.2022 which have a pecuniary value less than Rs.10 lakh shall continue before the commercial courts.Justice A. Badharudeen observed that a transfer of such pending cases was not necessary since the Government Order increasing the pecuniary limit of commercial courts did not …

Andhra Pradesh High Court Stays The Operation Of The Confiscation Notice Under GST
2 years, 10 months ago

Andhra Pradesh High Court Stays The Operation Of The Confiscation Notice Under GST

Live Law  

The Andhra Pradesh High Court bench of Justice A.V. Sesha Sai and Justice Ravi Nath Tilhari has stayed the operation of the Confiscation Notice issued under Section 130 of the CGST Act, 2017 on the ground that, with effect from January 01, 2022, the non-obstante clause has been removed from Section 130. The Finance Act, 2022 amended Section 130 of …

BREAKING| Kerala High Court Sets Aside Interim Order In Favour Of KSRTC In Bulk Diesel Price Case
2 years, 10 months ago

BREAKING| Kerala High Court Sets Aside Interim Order In Favour Of KSRTC In Bulk Diesel Price Case

Live Law  

The Kerala High Court on Friday allowed the appeals moved by state-owned oil marketing companies challenging the interim order issued in favour of Kerala State Road Transport Corporation wherein the OMCs have been directed to levy the price of High Speed Diesel at par with the price available at retail pumps temporarily.A vacation bench of Justice C.S Dias and Justice. …

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court
2 years, 10 months ago

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

Live Law  

The Kerala High Court has recently established that the general supervisory power available under Section 17 of the Kerala Civil Courts Act does not empower the District Judge to pass judicial orders directing the civil courts in the district to dispose of matters pending before the subordinate courts in a time-bound manner. Justice A. Badharudeen held that the general control …

Levy Of GST On Mining Royalty And Allied Charges: Jharkhand High Court Grants Interim Protection
2 years, 10 months ago

Levy Of GST On Mining Royalty And Allied Charges: Jharkhand High Court Grants Interim Protection

Live Law  

The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has granted interim protection on the levy of GST on mining royalty and allied charges. More than 10 writ petitions were filed challenging the show cause notices issued by the department directing them to furnish data relating to the payment of royalty against licencing services for …

Madras High Court Directs GST Dept. To Release Detained Vehicle On Payment Of 25% Of Penalty
2 years, 11 months ago

Madras High Court Directs GST Dept. To Release Detained Vehicle On Payment Of 25% Of Penalty

Live Law  

The Madras High Court bench of Justice R. Suresh Kumar has directed the GST department to release the detained vehicle on the payment of 25% of the penalty. The department issued a notice directing the petitioner to pay the penalty within three days, failing which action would be taken under Section 130 of the Centre/State Goods and Services Tax Act. …

COVID-19 | Kerala High Court Extends Validity Of All Interim Orders Till March 16 In Lieu Of Fluctuating TPR
3 years ago

COVID-19 | Kerala High Court Extends Validity Of All Interim Orders Till March 16 In Lieu Of Fluctuating TPR

Live Law  

The Kerala High Court on Monday extended the life of all interim orders passed by the High Court and all courts and tribunals falling under the supervisory jurisdiction of the High Court for another month taking into consideration the fluctuation in the Test Positivity Rate in the State.A Full Bench of Chief Justice S. Manikumar, Justice Muhamed Mustaque and Justice …

Abkari Act| Notice Of Confiscation Proceedings Need Not Be Served Upon Person From Whom Property Is Seized If Already Issued To Its Owner: Kerala HC
3 years, 1 month ago

Abkari Act| Notice Of Confiscation Proceedings Need Not Be Served Upon Person From Whom Property Is Seized If Already Issued To Its Owner: Kerala HC

Live Law  

The Kerala High Court recently held that the authorised officer exercising power under Section 67B of the Abkari Act need not issue a notice of confiscation proceedings to the person from whom the property has been seized before ordering the confiscation if he is not the owner of the property.A Division Bench of Justice P.B Suresh Kumar and Justice C.S …

Appeal Against Ad-Interim Order In A Pending Writ Petition Not Maintainable: Kerala High Court
3 years, 4 months ago

Appeal Against Ad-Interim Order In A Pending Writ Petition Not Maintainable: Kerala High Court

Live Law  

The Kerala High Court recently reaffirmed that an appeal to a Division Bench cannot lie against an ad interim order passed by a Single Judge when the main writ petition is still pending before the Judge. Sudha while dismissing such an appeal, remarked: ".according to us, such orders cannot be impugned in an appeal under Section 5 of the Act, …

Is GST Leviable On Services Provided By Association To Its Members? Kerala High Court Issues Notice On KHCAA's Plea
3 years, 5 months ago

Is GST Leviable On Services Provided By Association To Its Members? Kerala High Court Issues Notice On KHCAA's Plea

Live Law  

The Kerala High Court has issued notice on a plea moved by the Kerala High Court Advocates' Association challenging the Goods and Services Tax (GST) levied on the goods and services provided by the Association to its own members.Justice Bechu Kurian Thomas observed while admitting the plea:"I am satisfied that the petitioners have made out a prima facie case, which …

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case
3 years, 5 months ago

High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case

Live Law  

The Kerala High Court on Friday issued notice to the State on a petition challenging the Government Order directing to withdraw the suspension of certain officers in the Excise Department who were accused in a custodial death case.Justice PV Kunhikrishnan issued notice in a plea moved by wife of the deceased, Renjith Kumar; he died in Excise custody two years …

COVID-19: Kerala High Court Extends Interim Orders Till 27th August In View Of Upcoming Vacation
3 years, 7 months ago

COVID-19: Kerala High Court Extends Interim Orders Till 27th August In View Of Upcoming Vacation

Live Law  

A full bench of the Kerala High Court on Friday extended the validity of interim orders till 27th August considering the difficulties lawyers may have to face if the stay on orders is vacated before the upcoming vacation. Chief Justice S Manikumar, Justice C.T Ravikumar, and Justice Shaji P Chaly while disposing of the suo motu petition held that during …

Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa
3 years, 7 months ago

Kerala High Court Stays Show Cause Notice Issued By Lakshadweep Administration For Demolition Of A Madrassa

Live Law  

The Kerala High Court on Monday stayed the eviction and demolition of a long-standing madrassa in Lakshadweep. Justice Raja Vijayaraghavan passed the interim order while directing the Lakshadweep Administration to file a counter affidavit within four weeks. The petitioner had moved the Court challenging a show-cause notice issued by the Administration to demolish and evict the Madrassa from its allotted …

Covid-19: Kerala High Court Further Extends Validity Of Interim Orders Till August 9
3 years, 7 months ago

Covid-19: Kerala High Court Further Extends Validity Of Interim Orders Till August 9

Live Law  

The Kerala High Court on Friday extended by another two weeks the life of all interim orders passed by it, that were due to expire the coming Monday.A full bench of Chief Justice S Manikumar, Justice C.T Ravikumar and Justice Shaji P Chaly considered that it is pertinent to extend these orders amidst the continuing lockdown restrictions in the State. …

Kerala High Court Extends Interim Orders Yet Again Till 26th July Amid Ongoing Pandemic
3 years, 8 months ago

Kerala High Court Extends Interim Orders Yet Again Till 26th July Amid Ongoing Pandemic

Live Law  

A full bench of the Kerala High Court on Monday further extended the life of interim orders up to 26th July 2021. Chief Justice S Manikumar, Justice C.T Ravikumar, and Justice Shaji P Chaly considered that it was pertinent to extend these orders amidst the continuing lockdown restrictions in the State. Advocate General Gopalakrishna Kurup produced before the Court government …

Kerala HC Grants Interim Stay on Lakshadweep Notification Increasing Stamp Duty
3 years, 8 months ago

Kerala HC Grants Interim Stay on Lakshadweep Notification Increasing Stamp Duty

News 18  

The Kerala High Court on Thursday granted an interim stay on a notification issued by the Lakshadweep Administration increasing the stamp duty levied for transfer of land. Justice Raja Viajayaraghavan gave the stay order for three weeks in a plea challenging the notification on the grounds that it was issued without jurisdiction and is highly arbitrary, unconstitutional, and violative of …

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