Applicability Of LARR Act To Power Transmission Lines Over Private Land Must Be Examined By Competent Authority: Kerala HC

The Kerala High Court has held that the concerned authority must examine at appropriate proceedings, whether the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) apply to cases where electricity transmission lines are drawn over private land without acquisition of title.A Division Bench comprising Justice A Muhamed Mustaque and Justice Harisankar V Menon made the observation while dismissing two writ appeals filed by residents...

Deceased's Statements Acknowledging Blood Relationships Are Relevant Under Evidence Act If Made Before Dispute Arose: Kerala High Court

The Kerala High Court has held that verbal statements of a deceased person relating to blood relationships are relevant facts under Section 32(5) of the Evidence Act, provided they were made before the dispute arose and the declarant had special means of knowledge.A Division Bench comprising Justice Sathish Ninan and Justice P. Krishna Kumar were considering a preliminary decree in a partition suit that had excluded one daughter from succession of the scheduled properties which originally...

Forcible Eviction Disputes Not Arbitrable Despite Existence Of Arbitration Clause In Lease Agreement: Kerala High Court

The Kerala High Court has held that disputes relating to eviction of a tenant are not arbitrable even where the lease agreement contains an arbitration clause and that the jurisdiction of the Civil Court cannot be ousted by such non-arbitrable reliefs. Justice P. Krishna Kumar observed while allowing an Original Petition filed by a retired Bharat Sanchar Nigam Ltd (“BSNL”)...

Kerala High Court Weekly Round-Up: December 22 - December 28, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 838 - 848 ]Davi Ntemi Kilekamajenga and Anr. v. State of Kerala and Anr., 2025 LiveLaw (Ker) 838Ayana Charitable Trust and Anr. v. State of Kerala and Ors., 2025 LiveLaw (Ker) 839Central Board of Indirect Taxes and Customs v. Subair Kallungal Town Apartment, 2025 LiveLaw (Ker) 840M/s Vengad Resorts & Retreats Ltd. v. Union of India, 2025...

SIM Cards, Recharge Coupons & Value-Added Services Not 'Goods' Under KVAT Act; Kerala High Court Quashes Tax Demand Against Airtel

The Kerala High Court granted relief to Bharti Airtel by holding that SIM cards, recharge coupons, fixed monthly charges and telecom value-added services cannot be treated as 'goods' under the Kerala Value Added Tax Act, 2003 (KVAT Act), on which any tax can be levied. Justices A.K. Jayasankaran Nambiar and Jobin Sebastian addressed a case filed by Bharti Airtel, the...

Penalty U/S 45A KGST Act Cannot Be Initiated Beyond 'Reasonable Time' Despite No Prescribed Limitation Period: Kerala High Court

The Kerala High Court held that even though Section 45A of the Kerala General Sales Tax Act, 1963 (KGST Act) does not prescribe any limitation period, penalty proceedings must be initiated within a reasonable time. Justices A. Muhamed Mustaque and Harisankar V. Menon stated that since the notice was issued with reference to the assessment year 2011-12, the period of five years had...

Kerala High Court Annual Digest 2025: Part I [Citations 1 - 300]

Nominal Index [Citations: 2025 LiveLaw (Ker) 1 - 300]Alan Benny v Bar Council of Kerala and Another, 2025 LiveLaw (Ker) 1Mrs. Suma Sunilkumar v. The State Medical Officer, 2025 LiveLaw (Ker) 2Alex C. Joseph v State of Kerala and Others, 2025 LiveLaw (Ker) 3Manjusha K. v Central Bureau of Investigation and Others, 2025 LiveLaw (Ker) 4Sreekumar A. V. v State of Kerala and Another, 2025...

Bail Can't Be Converted Into Detention: Kerala High Court Quashes Condition Requiring Foreigner To Stay In Transit Home

The Kerala High Court has held that criminal courts cannot impose conditions that effectively detain a foreign national in a transit or detention centre after granting bail.Dr. Justice Kauser Edappagath held that directions to remain in the detention centre/ transit home while granting bail to a foreign national would amount to keeping the accused in some kind of confinement even after he...

Publicize App Feature On Citizens' Complaints Against Non-Compliance Of Road Standards On Pedestrian Safety: Kerala High Court To NHAI

The Kerala High Court recently directed the National Highways Authority of India (NHAI) to give publicity to the newly introduced feature in its mobile application 'Rajmargyatra' that permits citizens to submit grievances under the head 'Non-conformity regarding Indian Roads Congress Standards for the Pedestrians.'The Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V.M....

Cheque Dishonour| Can't Invoke Inherent Powers To Set Aside Conviction & Sentence At Post-Revision Stage: Kerala High Court

The Kerala High Court recently held that the inherent powers of a High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita cannot be invoked to set aside a conviction and sentence under Section 138 of the Negotiable Instruments Act once the High Court had already finally decided the case in revision.The plea before Justice C.S. Dias was preferred by a private company and...

'Pedantic Literalism': Kerala High Court Directs Tribunal Not To Insist On Separate Petitions For Exempting Court Fees & Legal Benefit Fund

The Kerala High Court recently directed a Motor Accidents Claims Tribunal to number a claim petition without insisting on separate petitions for exemption from payment of court fees and legal benefit fund (LBF).The plea before Justice Mohammed Nias C.P. was preferred by a person claiming around Rs. 15 lakhs for an injury sustained in a motor accident. He filed a claim petition before the...

Sabarimala Gold Theft: Jeweller Roddam Govardhan Moves Kerala High Court Seeking Bail, Claims SIT Forcibly Took His Gold

Roddam Pandurangaiah Naga Govardhan, one of the accused persons in the high-profile Sabarimala gold theft case, has moved the Kerala High Court seeking bail.He is arrayed in both the crimes registered by the Crime Branch regarding the misappropriation of gold from the dwarapalaka idols and the doorframes/lintels of the Sreekovil in Sabarimala.The prosecution allegation was that the...