Trespass Of Police Stations Covered U/S 442 IPC Since They Are Used For Safekeeping Of Official Records, Weapons: Kerala High Court

The Kerala High Court, in a recent judgment, held that a police station would fall under the definition of 'house' as per Section 442 of the Indian Penal Code as these are used to custody of property, including official records, arms and ammunitions, etc.Justice Bechu Kurian Thomas observed:“Section 2(s) of Cr.P.C defines a police station as “any post or place declared generally, or specially by the State Government, to be a police station...Section 5 of the Kerala Police Act, 2011 provides for...

Kerala High Court Seeks State's Stand In Plea For Change Of Prosecutor Who Allegedly Forced Complainant To Settle Criminal Case

The Kerala High Court on Friday (December 27) sought the State's stand in a plea moved by a de-facto complainant seeking change of the Special Public Prosecutor, who allegedly forced her to settle a criminal case with the accused.According to the plea, the petitioner is the complainant in a crime registered by the Sasthamcottah Police State for the offences under Sections 341(wrongful restraint), 294 (b)(obscene acts and songs), 324(Voluntarily causing hurt by dangerous weapons or means),...

Bank's Right To Recover Becomes Absolute Once Demand Notice Is Served In Borrower's Lifetime, Fresh Notice To Legal Heirs Not Needed: Kerala HC

The Kerala High Court, in a recent judgment, held that the statutory right of a bank to recover dues from a borrower under the SARFAESI Act becomes absolute once the demand notice is duly served during his lifetime and the mandatory 60-day period expires without the liability discharged.There was no need for the bank to issue fresh notices under the Act for the legal heirs of the deceased borrower, it was held.Justice Basant Balaji was considering a plea preferred by the legal heir of a deceased...

'Allegation That Investigation Is Lagging': Kerala High Court Orally Remarks While Considering Bail Pleas In Sabarimala Gold Theft Case

The Kerala High Court on Tuesday (December 30) orally observed that there is an allegation that the investigation in the Sabarimala gold theft case is dragging. Justice Jobin Sebastian was considering the bail pleas of former Travancore Devaswom Board president A. Padmakumar and that of jeweller Roddam Pandurangaiah Naga Govardhan.When the matter came up before the vacation bench, the Court felt that the bail pleas can be more effectively and conveniently disposed of by the regular...

Kerala HC Grants Bail To Asst Director Booked For Allegedly Sexually Harassing Actress Inside Dulquer Salmaan's Production Company Office

The Kerala High Court on Tuesday (December 30) granted bail to assistant director Midhil Babu, who is accused of sexually harassing an aspiring young actress in the office of Wayfarer Films Pvt. Ltd., Dulquer Salmaan's production company.Justice Jobin Sebastian passed the order granting him bail today. It was orally observed:"Petition is allowed...You have to surrender the passport."His earlier anticipatory bail application was dismissed by the Court last month on November 29 after...

Sabarimala Gold Theft: Kerala High Court Allows Inclusion Of Two More Officers In Special Investigation Team

The Kerala High Court on Tuesday (30 December) allowed the inclusion of two more officers in the Special Investigation Team (SIT) constituted for the investigation of gold theft from the Dwarapalaka idols and lintels of the Sabarimala temple.A vacation bench comprising Justice Ziyad Rahman A A and Justice M B Snehalatha allowed the application submitted by the head of the SIT which requested the inclusion of two officers in the rank of Circle Inspector (CI) to the investigation team. “A...

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...

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...

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...