Employment and Labour LawAdministrative and Public Law
A belated representation cannot revive a retired employee’s stale promotion claim.
The first respondent was appointed as a Lecturer in 1982 and promoted to Senior Grade in 1990.
2 MIN READ→
HCMONTHLY CASE LAW ARCHIVE
Kerala High Court Judgments in September 2026: Case Law Digest
Read 101 LawLens analyses of Kerala High Court judgments published in September 2026, covering key rulings, legal principles and case law.
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September 2026 Judgments
101 ARTICLES · NEWEST FIRST
Employment and Labour LawAdministrative and Public Law
Postal Assistants appointed after serving as Postmen are entitled to MACP benefits.
The respondents were serving or retired Postal Assistants who had previously served as Postmen.
2 MIN READ→
Civil Procedure and EvidenceCommercial and Corporate Law
Commercial suits filed in ordinary civil courts should be returned for filing before Commercial Courts, not rejected as barred by law, Kerala High Court rules.
The plaintiff filed O.S. No. 209 of 2023, seeking dissolution of a partnership, before the First Additional Sub Court, Thrissur.
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Postal Assistants appointed after serving as Postmen are entitled to MACP benefits.
The respondents were serving or retired Postal Assistants who had previously served as Postmen.
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Postal Assistants appointed after serving as Postmen are entitled to MACP benefits.
The respondents were serving or retired Postal Assistants who had previously served as Postmen.
2 MIN READ→
Employment and Labour LawAdministrative and Public Law
Postal Assistants appointed after serving as Postmen are entitled to MACP benefits.
The respondents were serving or retired Postal Assistants who had previously served as Postmen.
2 MIN READ→
Contract LawAdministrative and Public Law
Express 80% supply-stage payment cap governs despite separately priced BOQ items.
The appellants were contractors engaged by the Kerala Water Authority (KWA) on Jal Jeevan Mission projects.
2 MIN READ→
Criminal LawCriminal Procedure and Evidence
Proof of demand and acceptance sustains a Section 13(1)(d) conviction despite acquittal under Section 7.
The appellant, a Customs Havildar at Calicut International Airport, was accused of demanding and accepting 150 UAE Dirhams from passenger PW4 to release a used LED television brought from Sharjah.
3 MIN READ→
Constitutional LawAdministrative and Public Law
Government cannot abolish or merge recognised police associations, Kerala HC rules while quashing restructuring order
The State had recognised three police associations: the Kerala Police Association (KPA), the Kerala Police Officers’ Association (KPOA), and the Kerala Police Senior Officers’ Association (KPSOA). By Government Order...
3 MIN READ→
Contract LawConstruction Law
Express contractual 80% ceiling governs supply-stage payments despite separately priced BoQ items.
The appellants were contractors who had entered into contracts with the Kerala Water Authority (“KWA”) for Jal Jeevan Mission projects involving design, construction, supply, laying, testing, commissioning and mainten...
4 MIN READ→
Criminal Procedure and EvidenceConstitutional Law
Kerala HC cautions judges against “motivating” witnesses, stresses protection and fairness in Shuhaib murder trial
The petitioners, accused Nos. 1 to 3 in S.C. No. 596 of 2018, sought (i) transfer of the sessions trial and (ii) setting aside of an order refusing to record PW2’s evidence in question-and-answer form.
3 MIN READ→
Civil Procedure and EvidenceCivil Law
A decree in a statutory second appeal attracts merger, starting Article 135 limitation from its date.
The decree holders obtained a decree for mandatory injunction in O.S. No. 450 of 1999. The defendants’ first appeal was dismissed on 20 October 2016. Their second appeal was dismissed as not pressed on 23 February 202...
2 MIN READ→
Administrative and Public LawContract Law
Kerala High Court orders inquiry into KSEB’s handling of scrap auction cancelled after the winning bidder paid in full
Hiba Trading Company, a scrap trader, won an MSTC e-auction for dismantled penstock/LPP pipes belonging to the Kerala State Electricity Board (KSEB).
2 MIN READ→
Contract LawConstruction Law
Express contractual 80% ceiling governs supply-stage payments despite separately priced BoQ items.
The appellants were contractors who had entered into contracts with the Kerala Water Authority (“KWA”) for Jal Jeevan Mission projects involving design, construction, supply, laying, testing, commissioning and mainten...
4 MIN READ→
Contract LawCivil Procedure and Evidence
A purchaser seeking performance for a reduced property extent fails to prove readiness and willingness.
The parties executed Ext.A1, an agreement for sale dated 24 September 2012, covering two items stated to total 39.369 cents at ₹1,31,000 per cent. The plaintiff paid ₹20 lakh on execution and a further ₹15 lakh on 25...
3 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Wife gets sole ownership of jointly registered home after father proved to have funded purchase, Kerala High Court rules
The wife sought return of 80 sovereigns of gold, ₹3,35,000 allegedly due from money provided by her father, past maintenance for 13 months, and relief concerning a residential property purchased in the joint names of...
3 MIN READ→
Employment and Labour LawCivil Procedure and Evidence
Payment of employment-injury compensation does not justify denying continued employment to a fit worker.
The workman, employed at the petitioner’s estate, suffered an accident in 2000 that resulted in the amputation of his right hand.
3 MIN READ→
Family LawReligious and Personal Law
A wife’s khula does not require her husband’s consent, Kerala High Court reiterates, limiting Family Court inquiry to a summary review of legal requirements
The respondent-wife filed OP No. 1211 of 2025 before the Family Court, Malappuram, seeking a declaration of khula.
2 MIN READ→
Intellectual Property LawHealth and Medical Law
Patented medicines can be made and sold non-commercially to needy patients under government-use powers, Kerala High Court says
The petition was initially brought by a breast-cancer patient seeking affordable access to Ribociclib, a patented medicine, and directions to the Union Government to act under Sections 92 or 100 of the Patents Act, 1970.
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Accidentally displaying the Indian flag with saffron down is not an offence without intent to insult, Kerala High Court rules
The petitioner, the sole accused in C.C. No. 18 of 2023 before the Judicial First Class Magistrate Court, Androth, challenged proceedings arising from Crime No. 26 of 2022 registered by Kavaratti Police Station under...
3 MIN READ→
Contract LawConstruction Law
Express contractual 80% ceiling governs supply-stage payments despite separately priced BoQ items.
The appellants were contractors who had entered into contracts with the Kerala Water Authority (“KWA”) for Jal Jeevan Mission projects involving design, construction, supply, laying, testing, commissioning and mainten...
4 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Delay in filing a rent appeal was condoned upon payment of admitted rent arrears.
The petitioners, being the mother and son—the latter a person with disability and represented by his mother as natural guardian—were the legal heirs of Respondent No. 4 in the underlying rent-control proceedings.
3 MIN READ→
Criminal LawProfessional Negligence and Discipline
Section 13 of the Notaries Act does not protect a notary participating in document forgery.
The petitioner, Accused No. 8 in C.C. No. 29 of 2023 before the Enquiry Commissioner and Special Judge (Vigilance), Kozhikode, was a Notary Public.
3 MIN READ→
Tax LawCivil Procedure and Evidence
Deduction for expired liquor stock requires cogent proof of return or lawful destruction.
The petitioner, a licensed liquor retailer, claimed that certain beer stock had become unusable after its expiry date during the assessment year 2016–17 and had been destroyed in accordance with law.
2 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Revenue recovery cannot proceed without statutory surcharge adjudication and a legally quantified liability.
The petitioner, a former Panchayat Secretary, retired on 30 September 2003. Audits of Meppady Grama Panchayat for 2001–2002 and 2002–2003 were conducted in 2005–2006, and the corresponding audit reports were issued on...
4 MIN READ→
Family LawCivil Procedure and Evidence
Credible testimony and circumstantial inferences can establish gold-ornament entrustment on a preponderance of probabilities.
The respondent-wife married the first appellant-husband on 23 October 2010 according to Christian rites.
3 MIN READ→
Tax LawCommercial and Corporate Law
Discount on shares allotted under ESOP constitutes deductible revenue expenditure under Section 37(1).
M/s. Geojit Financial Services Ltd., a company incorporated under the Companies Act, allotted shares to its employees under an Employees Stock Option Plan (ESOP).
3 MIN READ→
Contract LawConstruction Law
Express contractual 80% ceiling governs supply-stage payments despite separately priced BoQ items.
The appellants were contractors who had entered into contracts with the Kerala Water Authority (“KWA”) for Jal Jeevan Mission projects involving design, construction, supply, laying, testing, commissioning and mainten...
4 MIN READ→
Contract LawConstruction Law
Express contractual 80% ceiling governs supply-stage payments despite separately priced BoQ items.
The appellants were contractors who had entered into contracts with the Kerala Water Authority (“KWA”) for Jal Jeevan Mission projects involving design, construction, supply, laying, testing, commissioning and mainten...
4 MIN READ→
Civil Procedure and EvidenceCivil Law
Full Bench rules no limitation period applies to Order IX Rule 7 CPC applications before the suit hearing concludes
The intra-court reference arose from an order of the learned Single Judge dated 20 February 2025 in O.P. (Civil) Nos. 519 and 972 of 2024.
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Successive bail requires changed circumstances; prolonged custody alone cannot justify bail for an absconding accused.
The appellant/accused, Sanju, was prosecuted in S.C. No. 826/2018 for offences under Sections 326A, 307 and 153 of the Indian Penal Code, and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
In an accused’s appeal, the High Court may order retrial but cannot suo motu enhance conviction or sentence.
The appellant, Biju, was the sole accused in S.C. No. 179 of 2011 before the Sessions Court, Thodupuzha.
4 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Rule 8(3) cancellation proceedings must be initiated within the applicable non-alienation period.
The petitioners, a mother and her two sons, challenged the cancellation of a patta issued in respect of 4.90 acres of Government land assigned to the petitioners’ predecessor under an Assignment Order dated 15 April 1...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
Public servants’ withdrawal and falsification of Panchayat funds to misappropriate them warrants conviction for criminal breach of trust and corruption.
The appellant, A-1, was the former Secretary of Mullankolli Grama Panchayat; A-2 was its Lower Division Clerk.
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
Reopening NDPS evidence is permissible, but chemical reports require proof of an unbroken chain of custody.
The petitioner, Accused No. 3 in S.C. No. 103 of 2020 before the Additional Sessions Court-II, Kasaragod, faced prosecution under Sections 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 198...
4 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Kerala High Court holds that a chargesheet filed within the statutory period retains its validity despite later correction of formal defects, denying default bail
The applicant was the sole accused in Crime No. 20/2026 of the Chelannur Excise Range Office, Kozhikode, alleging possession of 11.78 grams of methamphetamine in violation of Section 22(b) of the Narcotic Drugs and Ps...
4 MIN READ→
Family LawCriminal Procedure and Evidence
PWDV proceedings may be quashed where pleadings disclose no foundational domestic relationship.
The respondent instituted M.C. No. 77 of 2026 before the Judicial First Class Magistrate Court-IV, Kozhikode, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (“PWDV Act”), seeking various...
4 MIN READ→
Transport, Maritime, and Aviation LawCivil Procedure and Evidence
Kerala High Court directs Motor Accident Tribunals to number claims even without Aadhaar or PAN details at filing stage
The petitioner filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribunal, Palakkad, seeking compensation for injuries sustained in a motor accident dated 13 N...
3 MIN READ→
Property and Real Estate LawArbitration and Mediation
Unusable remainder of building after highway acquisition warrants full compensation and 100% solatium, Kerala High Court rules
The appeals arose from acquisition of land and structures for widening National Highway 66 in Kasaragod under the National Highways Act, 1956.
4 MIN READ→
Tax LawAdministrative and Public Law
Presumptive taxation does not exempt assessees from filing returns or establishing income below Section 149’s threshold.
The appellant, Mickey Toys, challenged an assessment-reopening notice issued under Section 148A(1) of the Income Tax Act, 1961, by filing W.P.(C) No. 24153 of 2026.
3 MIN READ→
Employment and Labour LawAdministrative and Public Law
Accrued annual increment due after retirement must be included in salary for BSNL VRS benefits.
The petitioners, retired Junior Telecom Officers of BSNL, opted for voluntary retirement under the BSNL Voluntary Retirement Scheme, 2019, and were relieved with effect from 31 January 2020.
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Intention to cause death or likely-fatal injury attracts Section 304 Part I, not Part II.
On 1 September 2009 at approximately 4:30 p.m., the appellant, Yoosaf, allegedly attacked Suneesh near the appellant’s house at Valayam with a chopper, after suspecting that Suneesh maintained an illicit relationship...
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Proved demand and acceptance of bribe sustain conviction despite an unsubstantiated display-charge defence.
The respondent, Junaid, was the Assistant Manager of the Kerala Civil Supplies Corporation, Chalakudy Depot.
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Kerala High Court grants bail in SC/ST Act murder case, criticises Sessions Court’s reasonless rejection order
The appellant, Renjin K. Mathew, was the sole accused in Crime No. 519/2026 of Kumarakom Police Station, later numbered as S.C. No. 380/2026 before the Special Court under the Scheduled Castes and Scheduled Tribes (Pr...
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
A ten-day delay in reporting child sexual assault is not fatal when the victim’s testimony remains credible.
The appellant, a 61-year-old neighbour of the twelve-year-old victim, allegedly took her to his house on the pretext of giving her guava fruits, locked the door, removed her clothes, and inserted his finger into her v...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
A Section 138 prosecution against a company fails without notice to the company or its director on its behalf.
The appellant/complainant initiated prosecution under Section 138 of the Negotiable Instruments Act, 1881, against P.N. Radhakrishnan, described as the Director of M/s. Parappurath Chitties (P) Ltd., and against the c...
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Subordinate court directed to dispose of land acquisition proceedings within six months.
The petitioners were claimants in OP (LA) NH No. 17 of 2023 pending before the Additional District Court–III, Thalassery.
1 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Defendants lack locus standi to contest recovery of property encroached upon in a representative suit.
The plaintiff instituted a representative suit seeking mandatory injunction and damages alleging that the defendants had illegally demolished a compound wall.
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
A fatal slap causing a fall attracts Section 304 Part II absent intention to cause death.
The appellant, the first accused, was prosecuted along with the second accused for allegedly entering the residence of Shaji during the night of 19 January 2011, taking him outside, and slapping him, causing him to fa...
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Post-trial amendments correcting property boundaries require proof of due diligence under Order VI Rule 17 CPC.
The petitioner, plaintiff in O.S. No. 257 of 2012 before the Munsiff Court, Changanacherry, instituted a suit against his sister for fixation of the western and northern boundaries of his property.
3 MIN READ→
Constitutional LawAdministrative and Public Law
A university professorship is not a public office amenable to quo warranto.
The petitioner, Dr. V. Madhu, a faculty member of the Cochin University of Science and Technology (“CUSAT”), filed a Public Interest Litigation seeking a writ of quo warranto and quashing of the appointment of Respond...
3 MIN READ→
Criminal Procedure and EvidenceCivil Procedure and Evidence
Alteration of charge ordinarily mandates recalling examined witnesses for limited further cross-examination.
The petitioner was the sole accused in C.C. No. 284 of 2016 pending before the Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha, arising from Crime No. V.C. 03/2010 of the VACB, Ernakulam.
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Bail applications lacking mandatory disclosures on past pleas and criminal antecedents will not be numbered, Kerala High Court directs
B.A. No. 4806 of 2026 concerned Crime No. 49/2026 of Valapattanam Police Station, in which Paramasivam was the sole accused of offences under Section 75(2) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Sections 9(m...
4 MIN READ→
Criminal LawBanking and Finance Law
Company’s non-joinder does not shield responsible directors from BUDS Act prosecution, Kerala High Court rules
The appellants, Accused Nos. 1 to 3, were respectively the Managing Director and Directors of Chirayath Benefit Fund Nidhi Limited (“Nidhi Ltd.”), a registered company.
4 MIN READ→
Administrative and Public LawCivil Procedure and Evidence
Removing a joint FL-3 licensee alters the licence’s content and scope, defeating renewal under Rule 13B(3).
An FL-3 licence for M/s. Hotel Chembarathy Garden, Thaliparamba, was renewed in the joint names of the petitioner and the fourth respondent, both representing the partnership firm, after the fourth respondent was indu...
4 MIN READ→
Civil Procedure and EvidenceMedia and Defamation Law
Courts cannot refuse to number ‘John Doe’ suits merely because anonymous defendants’ addresses are unknown, Kerala HC rules
The petitioner, M/s Cubes Entertainments, instituted an injunction suit before the Principal Munsiff Court, Ernakulam, concerning reviews of its film Kattalan allegedly posted on the online ticketing platform operated...
3 MIN READ→
Property and Real Estate LawAdministrative and Public Law
Panchayat’s conversion into a municipality does not automatically extend rent-control protection without government notification, Kerala HC rules
The petitioner, Jayakumar B, claimed to be the landlord and the respondent, Vijayakumar B, the tenant of the premises.
3 MIN READ→
Civil Procedure and EvidenceMedia and Defamation Law
Courts cannot refuse to number ‘John Doe’ suits merely because anonymous defendants’ addresses are unknown, Kerala HC rules
The petitioner, M/s Cubes Entertainments, instituted an injunction suit before the Principal Munsiff Court, Ernakulam, concerning reviews of its film Kattalan allegedly posted on the online ticketing platform operated...
3 MIN READ→
Civil Procedure and EvidenceBanking and Finance Law
Constructive res judicata bars reopening settled writ issues through a subsequent SARFAESI sale notice.
The review petitioners challenged the judgment dated 1 September 2026 in W.A. No. 1560 of 2026, arising from W.P.(C) No. 40284 of 2025, by which the High Court declined to interfere with SARFAESI proceedings initiated...
3 MIN READ→
Criminal Procedure and EvidenceFamily Law
Mere delay and disputed factual allegations do not warrant quashing Domestic Violence Act proceedings.
The petitioners, the husband and mother-in-law of the respondent, were respondents in M.C. No. 32 of 2025 pending before the Judicial First Class Magistrate Court-III, Thrissur.
4 MIN READ→
International LawCriminal Procedure and Evidence
Interpol arrest warrants: Nodal agency must promptly alert MEA and jurisdictional Magistrate, Kerala High Court rules
The appellant, an NRI businessman, alleged that the eighth respondent had borrowed approximately AED 6 million from him for a hotel business and failed to repay it. A cheque issued towards repayment was dishonoured, f...
4 MIN READ→
Property and Real Estate LawCivil Procedure and Evidence
Summary eviction under the Land Conservancy Act cannot resolve bona fide title disputes requiring civil adjudication.
The petitioner, claiming to be a devotee of Valiyakulangara Devi Temple, alleged that substantial parcels of land recorded in the Travancore Settlement Register as Devaswom properties were unlawfully held by the Karth...
5 MIN READ→
Criminal LawCriminal Procedure and Evidence
Delay in forwarding sealed NDPS samples to FSL is immaterial absent evidence of tampering.
The appellant was prosecuted under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing 3.606 kg of ganja near Nithya Bakery, Koyilandy Railway Station Road, at ab...
3 MIN READ→
Family LawAdministrative and Public Law
Daughter-in-law cannot be ordered to pay maintenance under Senior Citizens Act when senior citizen has children, Kerala HC rules
The petitioner, Hajara, was the widow and daughter-in-law of the second respondent, Fathima, a senior citizen and mother of the petitioner’s deceased husband.
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Kerala High Court mandates release without bail for arrests violating procedural safeguards, allows re-arrest after compliance
The petitioner, Jose M.P., was the sole accused in Crime No. 12/2026 registered by the Vigilance and Anti-Corruption Bureau, Idukki. He was serving as Assistant Executive Engineer, Thodupuzha Municipality. The prosecu...
4 MIN READ→
Civil LawAdministrative and Public Law
Kerala HC allows Tahsildars to issue legal-heirship certificates irrespective of property value, urges State to frame rules
The petitioner, Baby Kurian, an Overseas Citizen of India residing in the United States, sought a legal heirship certificate concerning his deceased wife, Mrs. Lissyamma Abraham, who died in the United States on 29 Oc...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
Material omission of the alleged penetrative act rendered first-time trial testimony insufficient to sustain penetrative sexual assault convictions.
The appellant, Binu, was the accused in S.C. No. 12 of 2023 before the Fast Track Special Court, Kodungallur.
5 MIN READ→
Intellectual Property LawCivil Procedure and Evidence
Trademark infringement suits must be tried by District Courts even when their valuation falls within Munsiff jurisdiction, rules Kerala High Court
The respondent-plaintiff instituted O.S. No. 6 of 2024 before the I Additional District Court, Kozhikode, seeking a prohibitory injunction and damages for alleged infringement of its registered trade mark.
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Section 306 IPC requires specific instigation and proximate nexus; omnibus allegations against a relative are insufficient.
The petitioner, the third accused, was the sister of the first accused in Crime No. 1229/2020 of Vizhinjam Police Station.
4 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Vague, omnibus cruelty allegations against in-laws warrant quashing of criminal proceedings.
The petitioners, accused Nos. 1 to 7, sought quashing of Crime No. 1124 of 2024 registered at Tellicherry Police Station and the proceedings in C.C. No. 58 of 2025 before the Judicial First Class Magistrate Court, Tha...
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Once received in evidence, a commissioner’s report cannot be set aside under Order XXVI Rule 10(3).
The petitioner was the plaintiff in O.S. No. 6 of 1997, a suit for declaration of title and injunction before the II Additional Munsiff’s Court, Ernakulam.
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Successive writ challenging the same preventive detention order is not maintainable, Kerala High Court rules
The petitioner, mother of the detenue Nikhila C., challenged the preventive-detention order dated 29 August 2025 issued under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substa...
3 MIN READ→
Social Security and PensionsAdministrative and Public Law
Absent contrary medical evidence, statutory presumptions support disability pension for disease aggravated by military service.
The respondent, Lt. Col. Sunny Thomas, was recruited into the Army on 31 January 1970 and superannuated on 8 November 2005. His Release Medical Board assessed him as suffering from “Primary Hypertension” at 30% for li...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
Kerala High Court upholds 25-year POCSO sentences for four accused in repeated sexual assaults on minor girl
The appeals arose from the judgment dated 18 October 2024 in S.C. No. 1581 of 2018 passed by the Fast Track Special Court, Kattakkada.
4 MIN READ→
Arbitration and MediationCivil Procedure and Evidence
Unenforceable arbitral award does not trigger Section 43(4) limitation benefit, but bona fide proceedings may qualify under Section 14: Kerala High Court
The petitioner, a non-banking financial institution, advanced a loan of ₹75,00,000 to the first respondent under a loan agreement dated 4 August 2015; the second respondent stood as guarantor. The agreement contained...
4 MIN READ→
Education LawConstitutional Law
IISER applicants who missed the OBC-NCL certificate deadline cannot claim reserved-category admission, Kerala High Court rules
The respondents applied for admission to IISER’s 2026 undergraduate programmes through the IISER Aptitude Test. Both claimed reservation under the Other Backward Classes–Non-Creamy Layer (OBC-NCL) category. Vidya Sank...
3 MIN READ→
Civil Procedure and EvidenceProperty and Real Estate Law
Belated challenges to confirmed auction sales fail absent timely objections and specific proof of fraud.
The appellants had obtained two loans from Kizhathadiyoor Service Co-operative Bank in 2013.
4 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Section 18’s anticipatory-bail bar does not apply absent a prima facie SC/ST Act offence.
The appellant, the de facto complainant and a member of the Hindu Pulaya Scheduled Caste community, alleged that on 5 January 2026 she and her husband were assaulted by the respondents while returning from a church fe...
4 MIN READ→
Criminal LawAdministrative and Public Law
Departmental exoneration alone cannot halt criminal trial in ₹17.86-crore gold-smuggling case, Kerala High Court rules
The revision petitioners—C. Madhavan (Accused No. 1), Dr. S. Anil Kumar (Accused No. 8), and Ahmed Suhail (Accused No. 11)—were prosecuted in C.C. No. 2 of 2016 before the Additional Special Court (SPE/CBI-II), Ernaku...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
Documentary records and unchallenged testimony sufficiently proved the victim’s minority for conviction.
The appellant was prosecuted for offences under Sections 363 and 376(f) of the Indian Penal Code (IPC) concerning the alleged kidnapping and sexual assault of a 12-year-old girl on 9 January 2007. The prosecution case...
3 MIN READ→
Criminal LawConstitutional Law
Unexplained delay snapping the live link vitiates preventive detention orders.
The petitioner, mother of the detenu Renjith @ Renju, challenged the detention order dated 10 December 2025 issued under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (“KAA(P)A”) and the Gov...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
Preventive detention quashed over unexplained delay and illegible documents; Kerala High Court orders police to countersign copies served on detenus
The petitioner, wife of the detenu Muhammed Thahir @ Kavu, challenged the detention order dated 24 September 2025 issued under Section 3(1) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (“KAA(P)A”), and...
4 MIN READ→
Employment and Labour LawCivil Procedure and Evidence
Section 33(2)(b) approval cannot substitute express permission required under Section 33(1)(b).
The petitioner had been employed as a Sub-editor with the first respondent from 1 October 2000. She was transferred from the Kottayam Desk to the Kannur Desk and challenged the transfer before the District Labour Offi...
4 MIN READ→
Administrative and Public LawEmployment and Labour Law
A non-retrospective circular cannot impose Cabinet-approval requirements on prior reappointments.
The petitioner, a retired Deputy Transport Commissioner, retired from the Motor Vehicles Department on 31 October 2018. Pursuant to proceedings dated 23 March 2020, he was re-appointed as Joint Director of the Institu...
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
Credible testimony of a child victim, corroborated by medical evidence, sustains conviction under the POCSO Act.
The appellant, the father of the minor victim, was prosecuted for offences under Section 376 of the Indian Penal Code and Sections 3, 4, 5(n), 6, 9(m), 9(n) and 10 of the Protection of Children from Sexual Offences Ac...
3 MIN READ→
Administrative and Public LawEmployment and Labour Law
Associations lack locus standi to pursue writ petitions claiming service benefits for members.
The petitioner, Airports Authority of India Pensioners Forum, represented its President and claimed to espouse the grievances of its members regarding the alleged non-grant of pension under the Central Civil Services...
4 MIN READ→
Banking and Finance LawAdministrative and Public Law
Challenges to SARFAESI auction EMD forfeiture must be pursued before the DRT.
The appellant, a prospective auction purchaser, participated in a SARFAESI sale conducted by the State Bank of India and deposited the requisite Earnest Money Deposit (EMD).
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
A subsequent failure to marry does not vitiate consent absent a false promise from inception.
The petitioner, the sole accused in Crime No. 219/2026 of Vazhakkulam Police Station, was alleged to have had sexual intercourse with the de facto complainant at various places after promising to marry her.
3 MIN READ→
Criminal Procedure and EvidenceCriminal Law
Kerala High Court Sets Aside Order Rejecting Actress’s FIR Plea Over Alleged Sexually Coloured Online Remarks, Orders Fresh Consideration
The petitioner, a film actress, alleged that videos published and circulated on social-media platforms contained false, scandalous and sexually coloured remarks imputing sexual impropriety to her and damaging her dign...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
A credible child victim’s testimony sustains penetrative sexual assault conviction despite absence of physical injuries.
The appellant, Mohammed Rijas, was prosecuted for allegedly trespassing into the bedroom of a house on 14 September 2015 and repeatedly committing penetrative sexual assault on PW1, an 11-year-old minor girl, includin...
4 MIN READ→
Criminal LawConstitutional Law
Unexplained delay in considering detainee’s representation violates Article 22(5), Kerala High Court rules while quashing PITNDPS detention
The petitioner, wife of detenue Shafeeque K., challenged his preventive detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (“PITNDPS Act”).
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
Delayed FSL examination is not fatal where prompt forwarding and intact seals establish chain of custody.
The appellant was prosecuted for possessing 4.2 kg of ganja for sale, allegedly recovered from him on 5 July 2020 at about 18:45 hours, constituting an offence under Section 20(b)(ii)(B) of the Narcotic Drugs and Psyc...
4 MIN READ→
Criminal LawCriminal Procedure and Evidence
A fresh prejudicial offence after release justifies renewed preventive detention under the KAA(P)A.
The petitioner, wife of Shameer @ Bellari Shameer, challenged the detention order dated 25 November 2025 passed against him under Section 3(1) of the Kerala Anti-Social Activities Prevention Act, 2007 (“KAA(P)A”).
5 MIN READ→
Criminal LawCriminal Procedure and Evidence
Section 27 recovery from the accused’s own room establishes conscious possession despite shared household occupancy.
On 19 June 2010, the Sub Inspector of Perumpadappu Police Station allegedly seized 150 grams of dry ganja from the appellant, Rasheed, who was found holding a plastic cover in a bye-lane near Jas Jewellery, Perumbadappu.
3 MIN READ→
Criminal LawCriminal Procedure and Evidence
A minor’s consensual relationship is irrelevant under POCSO; credible victim testimony sustains conviction.
The appellant, Reji, was the sole accused in S.C. No. 280 of 2016 before the Special Court for POCSO cases, Alappuzha.
3 MIN READ→
Family LawConstitutional Law
Surrogacy age limits are constitutionally valid and assessed on the date of eligibility certification.
The appellants, a married couple, underwent assisted reproductive treatment and had embryos created and cryopreserved on 30 August 2022.
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Administrative and Public LawContract Law
Tender authorities cannot reject technically eligible bids on hypertechnical authorization objections without seeking clarification.
The Ministry of Railways and the Government of Kerala formed Kerala Rail Development Corporation Ltd. (KRDCL) as a joint venture for developing railway infrastructure in Kerala.
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Administrative and Public LawCivil Procedure and Evidence
A borrower cannot belatedly invoke MSME protections in subsequent litigation after omitting them earlier.
Appellant No. 1, an MSME proprietorship represented by Appellants Nos. 2 and 3, had availed an overdraft facility of ₹2 crores from Canara Bank. The facility was sanctioned for one year from 14 August 2023 and was req...
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Criminal LawCriminal Procedure and Evidence
Prolonged incarceration does not override UAPA bail restrictions where prima facie serious charges carry life imprisonment.
The appellants, Abdul Kader and Firoz, were Accused Nos. 19 and 20 respectively in S.C. No. 2 of 2023 before the Special Court for NIA Cases, Ernakulam.
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Criminal LawCriminal Procedure and Evidence
Kerala High Court: Kissing a child’s penis amounts to penetrative sexual assault under POCSO; 20-year sentence upheld
The prosecution alleged that on 26 January 2020, the accused, who was operating a shop at Kallanmodi, gave liquor and ganja to PW1, a 14½-year-old boy, and sexually assaulted him twice inside the shop.
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Banking and Finance LawAdministrative and Public Law
Statutory pre-deposit under SARFAESI cannot be attached under Section 28(4) of the RDB Act, rules Kerala High Court
The appellant had made a statutory pre-deposit of ₹3,95,50,000 under the second proviso to Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, while...
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