Kerala High Court
Trial Court May Simultaneously Add Charges Under Ss. 409, 420 IPC If Facts Unclear As To Which Offence Committed: Kerala High Court
The Kerala High Court has recently held that a trial court may incorporate charges under both Sections 409 and 420 of the Indian Penal Code when it is doubtful as to what offence has been committed.Dr. Justice Kauser Edappagath pronounced the decision while considering an original petition filed under Article 227 of the Constitution. A journalist, who was a stranger to the proceeding before...
'Mere Enactment Not Enough': Kerala High Court Issues Directions For Effectively Implementing Juvenile Justice Act, SC Guidelines
The Kerala High Court has issued a comprehensive set of directions to ensure the effective implementation of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the guidelines laid down by the Supreme Court in Sampurana Behura v Union of India [2018 (4) SCC 433].The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, issued the directions...
Kerala High Court Seeks State's Stand On Fixing Safety Lapses In Public Hospitals Following Kottayam Medical College Building Collapse
The Kerala High Court on Wednesday (November 5) directed the Additional Chief Secretary of the Health and Family Welfare Department to file an affidavit stating how the State Government is proposing to address the shortfalls pointed by the State Council for Clinical Establishment with respect to public hospitals in the State.The Division Bench comprising Chief Justice Nitin Jamdar and...
'Affects Millions, Can't Be Delayed': Kerala High Court Directs Expeditious Steps To Set Up Treatment Plant To Clean Periyar River
The Kerala High Court on Wednesday (05 November) directed the State Government, and Kerala State Pollution Control Board to expedite steps to set up the Effluent Treatment Plant (ETP) for remediation of Periyar River.The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha was hearing a batch of petitions concerning pollution in the river, particularly...
Income Tax Act | Revisional Power U/S 263 Cannot Be Invoked When AO Allows Deduction U/S 32AC After Proper Inquiry: Kerala High Court
The Kerala High Court stated that revisional power under Section 263 of the Income Tax Act cannot be invoked when Assessing Officer (AO) allowed deduction under Section 32AC after proper inquiry. Justices A. Muhamed Mustaque and Harisankar V. Menon opined that merely for the reason that AO extended the deduction claimed after carrying out investigations, the exercise of the power...
Advocate Urges Kerala High Court Advocates Association To Establish Confidential Mental Health Support System For Lawyers
In a detailed representation to the Secretary of the Kerala High Court Advocates Association (KHCAA), an advocate has called for the creation of a comprehensive and confidential mental health support system for members of the legal fraternity, following recent tragic deaths of advocates linked to mental health distress.In his letter dated November 5, 2025, Advocate Chelson Chembarathy...
Kerala High Court Stays Income Tax Proceedings Over Allegedly Defective Notices Issued In Violation Of CBDT Circular
The Kerala High Court on Monday (November 3) stayed the income tax proceedings in a batch of writ petitions, which had alleged that the notices issued by the Assistant Commissioner of Income Tax to be defective for being violative of the format prescribed in Central Board of Direct Taxes (CBDT) Circular No. F. No. 225/157/2017/ITA-II dated 23-06-2017.According to the petition in WP(C)...
Family Court's Order Dismissing Order IX Rule 9 Application To Restore Suit Appealable, Original Petition Not Maintainable: Kerala High Court
The Kerala High Court recently refused to entertain an Original Petition filed before it challenging a Family Court's order dismissing a restoration application. According to the Court, when an alternative statutory remedy of appeal is provided under Order 43 of the Code of Civil Procedure, that has to be pursued.The Division Bench comprising Justice Devan Ramachandran and Justice Snehalatha...
Court Fee Is Payable Only On Principal Relief U/S 6(1) Kerala Court Fees Act, Not Consequential Reliefs: Kerala High Court
The Kerala High Court has held that when multiple documents on same property are challenged, the declaratory relief against a subsequent document is only ancillary to the challenge of an earlier instrument, and the court fee need to be computed only on the principal relief under Section 6 (1) of the Kerala Court Fees and Suits Valuation Act, 1959,Justice P Krishna Kumar, delivered the ...
Oral Allegations Alone Can't Sustain Bribe Charges Against Ministers, Persons Holding High Posts: Kerala High Court
The Kerala High Court has observed that when an allegation of demand of bribe by a Minister is raised, the same cannot be merited merely on the basis of oral statements and it would require thorough scrutiny.Justice A. Badharudeen made the observation while dismissing three connected criminal revision petitions filed by the State of Kerala challenging the discharge of former Minister...