Kerala High Court Weekly Round-Up: November 24 - November 30, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 769 - 786]Vyshna S.L. v. State Election Commission and Ors., 2025 LiveLaw (Ker) 769Natural Wood & Veneers Pvt. Ltd., 2025 LiveLaw (Ker) 770Pranav Mohanan v The District Geologist and Anr, 2025 LiveLaw (Ker) 771Suo Motu v. State of Kerala and Ors., 2025 LiveLaw (Ker) 772Rajeevan M. v. Rantin P. and Anr., 2025 LiveLaw (Ker) 773Muhammed Nashif U....

Gujarat High Court Stays Probe Against Man In FIR Over Alleged Honour Killing Of 'Live-In' Partner

The Gujarat High Court in an interim order stayed a Tharad sessions court direction ordering probe against a man in a case concerning the alleged honour-killing of his "live-in" partner by her kin. Justice MR Mengdey in his order observed that from the record it appeared that the petitioner was the complainant in the FIR registered by Tharad Police Station wherein one of the co-accused in...

23 Yrs On, Gujarat High Court Finds Man Guilty Of Wife's Murder; Says Stereotype Of Community Men Having 'Inflated Ego' Can't Explain Killing

The Gujarat High Court set aside a 2002 trial court order convicting a man for culpable homicide not amounting to murder (IPC Section 304 part 1) in a case concerning the death of his wife. The high court instead convicted the accused for murder of his wife, observing that the trial court's reasoning on evidence–the involvement of accused, the nature of injuries inflicted and the...

Income Tax Act | Refund Can't Be Withheld U/S 245 Unless Department Establishes Tax Liability: Calcutta High Court

The Calcutta High Court stated that the Income Tax Department cannot withhold a refund under Section 245 of the Income Tax Act, 1961, unless it establishes tax liability. The Bench of Justice Raja Basu Chowdhury observed that it is true that Section 245 of the said Act authorises the Income Tax Department to set off a refund against remaining tax payable. Unfortunately, in this...

IGST ITC Declared In GSTR-9 Can Be Set Off Against Tax Demand If Missed In Monthly GSTR-3B: Calcutta High Court

The Calcutta High Court has stated that IGST (Integrated Goods and Services Tax) ITC (Input Tax Credit) declared in GSTR-9 can be set off against tax demand if missed in the monthly GSTR-3B. Justice Om Narayan Rai bench observed that the appellate authority did not justify why the IGST ITC declared in GSTR-9 could not be set off against the tax demand. In this case,...

SFIO Probe No Bar To PMLA Proceedings: Delhi High Court Upholds ED's Provisional Attachment In ₹6000 Cr Forex Scam

The Delhi High Court has made it clear that probe by Serious Fraud Investigation Office into the affairs of a company does not bar parallel proceedings under Prevention of Money Laundering Act.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar thus dismissed the plea moved by certain accused, challenging provisional attachment of their movable and immovable...

'Personal Choice Must Be Respected': Chhattisgarh High Court Allows Minor Rape Survivor To Terminate 21-Week Pregnancy

The Chhattisgarh High Court has allowed a minor rape and sexual assault survivor to terminate her 21-week pregnancy, reiterating that disallowing the same would be a violation of her right to bodily integrity, aggravate her mental trauma, and have a devastating effect on her physical, psychological and mental health.Referring to the Supreme Court's dictum in Suchita Srivastava and Another...

Cops Haven't Come A Long Way From Days Of 'Dred Scott' Case: Allahabad High Court Slams Taking 'Kabza' (Possession) Of Woman

In a scathing indictment of police high-handedness, the Allahabad High Court recently come down heavily on the Uttar Pradesh Police officials for recording the detention of a woman as taking her into 'possession' (Kabza) in an attempt to circumvent an HC order. The Court took strong exception over the fact that a fard or memo of possession relating to a woman had been prepared by the...

Delhi High Court Rejects Woman's Claim Of Panchayati Divorce In Jat Community, Says Custom Must Be Strictly Proved

The Delhi High Court has made it clear that while Section 29 of the Hindu Marriage Act 1955 recognises customary divorce, the burden to prove prevalence of such a custom is heavy.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“Customary divorce, if validly proved, is saved by the provision of the HMA. However, to prove custom, the parties are required...

MV Act | Gujarat High Court Awards ₹3 Lakh To Woman For 'Loss Of Matrimonial Prospects' After Accident Resulting In Leg Amputation

The Gujarat High Court recently awarded Rs. 3 Lakh to a woman for loss of matrimonial prospects, after a bus accident which resulted in the amputation of her left leg. The woman had moved the high court challenging a 2019 award of the Motor Accident Claims Tribunal (Aux), seeking enhancement of compensation. The appellant was travelling in an AMTS bus on 05.01.2011, from Lal Darwaja to her...

“Shall Endeavour” Clause In Construction/Commercial Contracts Can Create Enforceable Obligations: Bombay High Court

The Bombay High Court has observed that the “shall endeavour” clause can amount to an enforceable obligation in the context of construction contracts. While mere failure to achieve revenue projections does not constitute a breach of the “shall endeavour” clause but not making best efforts to achieve projections in the business plan amounts to a breach of the clause. Facts...

Gujarat Restores NEET-PG Aspirant's Eligibility Who Filled Exam Form Incorrectly, Says Inadvertent Error Must Not Jeopardize Career

The Gujarat High Court granted relief to an MBBS student permitting him to participate in the NEET-PG exam, declared ineligible earlier as he had inadvertently filled up the incorrect average MBBS marks. The petitioner had scored 68.30% marks, which is the average of the three years of the MBBS course. However, while filling up the form for admission to NEET-PG, he had inadvertently mentioned...