Pre-Deposit For Filing SARFAESI Appeal Must Be Paid To Tribunal, Not Lending Bank: Kerala High Court

The Kerala High Court has clarified that the mandatory pre-deposit required to file an appeal under the SARFAESI Act must be paid to the Debts Recovery Appellate Tribunal and not to the lending bank. A Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S delivered the ruling while allowing an appeal filed by Kerala Gramin Bank, setting aside a single judge's order that...

Juvenile Justice Act Not Sole Method To Determine Age Of POCSO Victim; Oral & Documentary Evidence Can Be Relied Upon: Kerala HC

The Kerala High Court, in a recent ruling, laid down that the provision under the Juvenile Justice Act/Rules is only one of the modes to determine the age of a victim of a POCSO offence.After examining Section 34 of the Protection of Children from Sexual Offences (POCSO) Act and the decisions of the Division Bench in Silvester Pigaruz v. State of Kerala (2024) and Biju v. State of Kerala...

Ashtamudi Wetland Management Unit Constituted: State Tells Kerala High Court

The Kerala government informed the High Court on Thursday (08 January) that a notification has been issued by the Special Secretary, Government of Kerala, Environment Department constituting Ashtamudi Wetland Management Unit.The submissions were made before the division bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V M which was considering a contempt petition for non-compliance...

Voluntary Partition Deed Can Confer Property Rights On Female Heir Even Prior To Hindu Succession Act, 1956: Kerala High Court

The Kerala High Court has held that a female heir, who otherwise had no inheritance rights under pre-1956 Hindu law, can acquire valid title through a voluntary partition deed executed by family members.Justice Easwaran S. held that a registered partition deed consciously conferring a share on a female heir cannot be ignored on the ground that she lacked an antecedent right of inheritance...

Kerala High Court Flags Delay In Enactment Of Anti-Superstition Law, Suggests Setting Up Special Cell As Interim Measure

The Kerala High Court on Tuesday (06 January) expressed concern over the prolonged delay by the State government in finalising legislation to curb black magic, witchcraft and other inhuman practices, and suggested the creation of a special cell to address complaints relating to such practices as an interim measure.A Division Bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M...

Victim Appeals Against Acquittal Can Be Summarily Dismissed If Victim Has No Prima Facie Arguable Case: Kerala High Court

The Kerala High Court recently held that a victim's appeal against acquittal under Section 413 of the Bharatiya Nagarik Suraksha Sanhita can be summarily dismissed when there is no prima facie material to show that victim has an arguable case.The Division Bench of Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed that the provision for summary dismissal of...

Challenge To Assignment Of Kerala University Land To AKG Centre Must Be Heard As PIL: Kerala High Court

A former employee of the Kerala University moved the High Court on Tuesday (January 7) challenging the assignment of the University's land to AKG Centre for Research and Studies.The plea before the Court was preferred by the former Joint Registrar of the University, and who later on become a member of the syndicate of Kerala University and the Cochin University of Science and...

Arbitrarily Denying Convict Emergency Leave To Attend Brother's Son's Marriage Violates Articles 14 & 15: Kerala High Court

The Kerala High Court recently held that there cannot be any discrimination between the children of the brother and those of the sister of a convict while granting emergency leave to attend their marriage.Dr. Justice Kauser Edappagath noted that almost all the Jail Superintendents in the State have been rejecting applications for emergency leaves of convicts to attend their brother's...

Kerala High Court To Hear Defacto Complainant In MLA Rahul Mamkootathil's Plea For Anticipatory Bail In Rape Case

The Kerala High Court on Wednesday (January 7) allowed the impleading petition filed by the de facto complainant in the anticipatory bail plea of Palakkad MLA Rahul Mamkootathil in the rape and miscarriage case alleged against him.Justice A. Badharudeen allowed the de facto complainant's petition and extended the interim protection granted to Mamkootathil. The case is posted to January 21...

Composition Of Ashtamudi Wetland Management Unit Drawn From Existing Officials, No Need To Create New Posts: Kerala High Court Clarifies

The Kerala High Court on Wednesday (07 January) clarified that the constitution of the Management Unit for Conservation of Ashtamudi Wetland directed by an earlier order does not require the creation of new posts.The division bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V M was considering a contempt petition for non-compliance of its judgement dated July, 2025. The Court...

CJI Surya Kant Inaugurates First Fully Paperless District Judiciary At Kerala's Wayanad, Says It 'Democratises' Access To Justice

Chief Justice of India Surya Kant on Tuesday (January 6) virtually inaugurated the implementation of paperless courts in the judicial district of Kalpetta in Wayanad at the Kerala High Court Auditorium.This marks the first instance in which an entire district judiciary has become fully paperless in end-to-end functioning. All filings would be received electronically, scrutinised digitally...

Writ Jurisdiction Cannot Be Invoked To Claim One Time Settlement Benefits: Kerala High Court Reiterates

The Kerala High Court has reiterated that borrowers cannot invoke writ jurisdiction to compel banks or financial institutions to extend the benefit of a One Time Settlement (OTS) scheme. A division bench of Justice Anil K Narendran and Justice Muralee Krishna S dismissed a writ appeal filed by borrowers and upheld the decision of a single judge refusing to interfere with recovery...