Flood Control Measures Can't Ignore Ecological Impact: Kerala High Court On Thottappally Spillway Sand Removal

The Kerala High Court has recently directed the State Government to constitute a multi-departmental committee to regulate and monitor sand and soil removal at the Thottappally Spillway in Alappuzha, stressing that flood-control measures cannot be carried out at the cost of ecological destruction, particularly in sensitive coastal zones and turtle nesting habitats.A Division Bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M disposed of two connected writ petitions which...

KAAPA | Minimal Delay In Passing Externment Order Not Fatal When Procedural Safeguards Followed: Kerala High Court

The Kerala High Court has held that a reasonable delay in initiating proceedings under Section 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) does not snap the statutory “live link” required for externment. A Division Bench comprising Dr. Justice A K Jayasankaran Nambiar and Justice Jobin Sebastian made the observation while dismissing a writ petition challenging an externment order issued against a person classified as a “known goonda”. The petitioner...

Kerala High Court Asks Centre To Decide Whether SNDP Yogam Is Governed By Companies Act Or Kerala NTC Act

The Kerala High Court, in a recent decision, directed the Union government to comply with a 2009 Delhi High Court order and decide if the Sree Narayana Dharma Paripalana Yogam (SNDP Yogam) is governed by the Companies Act or the Kerala Non-Trading Companies Act.The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha set aside the Single bench judgment, which had set aside a 1974 government order that granted exemption to the Yogam, a company registered under the 1882...

Dispute Arising From Sale Deeds Executed Between Partners As Part Of Business Arrangement Is Arbitrable: Kerala High Court

The Kerala High Court dismissed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") declining to interfere with an arbitral award dissolving a long-standing partnership and holding that the sale deeds executed between the partners were merely business arrangements, not intended to transfer or create title; consequently, the dispute did not...

Kerala High Court Tax Annual Digest 2025

Direct Tax[Income Tax] Assessing Officer Not Only An Adjudicator But Also An Investigator, Cannot Remain Oblivious To Claim Without Enquiry: Kerala HCCase Title: Cochin International Airport Ltd v. The Assistant Commissioner Of Income TaxCase Number: ITA NO. 77 OF 2018The Kerala High Court stated that the Income Tax Commissioner can exercise Revisional Jurisdiction under Section 263 of the...

Kerala High Court Quashes Rejection Of Arms Licence Renewal Citing Lack Of Reasoned Order

The Kerala High Court has recently quashed orders refusing renewal of an arms licence, holding that the authorities failed to record valid reasons or consider settled legal principles governing such renewals.Justice Mohammed Nias C P, allowed a writ petition filed by the petitioner and set aside the orders of the District Magistrate, Thiruvananthapuram, and the Land Revenue Commissioner,...

Kerala High Court Grants Bail To Accused Caught In ₹5,000 Land Tax Bribery Trap By Vigilance

In an alleged bribe demand case of ₹5,000 for effecting mutation of property and payment of land tax, the Kerala High Court has granted bail to the accused after noting that the investigation was practically over and the petitioner had been in custody for more than 25 days. The order was passed by Justice Muralee Krishna S. while allowing a bail application filed by the sole accused...

TP Chandrasekharan Murder Case: Kerala High Court Denies Parole To Life Convict To Conduct Funeral Rites Of Cousin

The Kerala High Court on Tuesday (December 30) refused to grant emergency leave to Jyothi Babu, one of the convicts in the T.P. Chandrasekharan murder case, to conduct the funeral rites of his cousin.T.P. Chandrasekharan, leader of the Revolutionary Marxist Party (RMP), was murdered due to political rivalry on May 4, 2012. Babu was convicted of the murder and is presently undergoing...

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...

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...

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...

'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...