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Kerala High Court

Education Loan cannot be denied merely for Low CIBIL Score of Co-Borrowers

May 18, 2022 8916 Views 0 comment Print

Kiran David Vs Assistant General Manager State Bank of India (Kerala High Court) The petitioners are aggrieved by the denial of education loan. The petitioner wanted to study Post Graduate Diploma in Management (Securities Market) in the National Institute of Securities Markets (NISM), Navi Mumbai. The petitioner submitted application for education loan of ₹7,30,000/- to […]

Extraordinary Jurisdiction of HC cannot be invoked if alternative remedy available to litigant

May 18, 2022 1773 Views 0 comment Print

When there was an alternative and equally efficacious remedy open to a litigant, he should request to pursue that remedy and not invoke the extraordinary jurisdiction of the High Court.

HC dismisses PIL filed on the basis of mere social media news

May 17, 2022 684 Views 0 comment Print

Thampi V. S. Vs State of Kerala (Kerala High Court) Petitioner, approached this Court with an allegation that respondents are attempting or devising to vaccinate every child in Kerala, irrespective of whether their parents give consent to it or otherwise. It is pertinent that not a single specific incident or instance has been impelled by […]

Kerala HC Directs GST Dept. to facilitate Revision of Form GST TRAN-1

May 13, 2022 5562 Views 1 comment Print

G & C Infra Innovations Vs Union of India (Kerala High Court) Kerala High Court Directs GST Dept. To Facilitate Revision Of Form GST TRAN-1 By Making Necessary Arrangements On The Portal. Genuine mistake in filling Form GST TRAN-1 should not prevent the assessee from claiming legitimate credit The Hon’ble Kerala High Court in M/s […]

Kerala HC explains date of effectiveness of KVAT Registration

May 10, 2022 411 Views 0 comment Print

KVAT registration once cancelled has to be published in two leading daily newspapers at least and the dealer should be informed as per notice in Form No.5 B. Then only the cancellation of registration shall be effective.

Refund available for amount collected against unconstitutional levy

May 8, 2022 3039 Views 0 comment Print

Jaganadhan Vs State of Kerala (Kerala High Court) Facts- The Government of Kerala amended the Conservation of Paddy Land and Wetland Act, 2008 by introducing Section 27A, whereby applications for user of unnotified land for other purposes was permitted. A fee was prescribed for granting permission for such user. On 25.7.2021, the Government issued a […]

Invocation of extraordinary writ jurisdiction under Article 226 unjustified when effective alternative remedy is available

May 6, 2022 1920 Views 0 comment Print

It is a settled position that the High Court do not ordinarily entertain a writ petition under Art.226 of the Constitution of India if an effective alternative remedy is available to the aggrieved person or if the statute itself provides for a mechanism for redressal of the grievance.

Only Minor penalty imposable for Bonafide mistake in date on e-way bill

April 24, 2022 2085 Views 0 comment Print

Greenlights Power Solutions Vs State Tax Officer (Kerala High Court) Revenue found a mistake in the format in the date in respect of the e-way bill and hence the petitioner was imposed with an amount of Rs.27,540/- as tax and a penalty of Rs.27,540/-. The said final order is challenged in this writ petition. Petitioner […]

Power of court u/s 48 invokable in case of factional feud within a community

April 17, 2022 867 Views 0 comment Print

M. S. Paulose Vs State of Kerala (Kerala High Court) Facts- The suit was instituted by the petitioners and some other persons, praying for a decree of declaration that St. Johns Besphage Orthodox Syrian Church, Pulinthanam is a constituent parish Church of Malankara Orthodox Syrian Church and to declare that the plaint schedule church is […]

HC cannot permit Waiver of Pre-Deposit under section 35F

April 10, 2022 3594 Views 0 comment Print

Santhosh Kumar K The Commissioner (Kerala High Court) A perusal of the statutory provisions will reveal that the amendment to section 35F of the Central Excise Act r/w Section 86 of the Finance Act, 1994, clearly manifest the intention of the legislature that the waiver of pre-deposit, which was being resorted to, quite often by […]

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