Kerala High Court Monthly Digest: November 2025 [Citations: 699 - 786]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 699 - 786]Parimal Sahu v. State of Kerala and connected case, 2025 LiveLaw (Ker) 699Vellangallur Peoples Welfare Co-operative Society Ltd. and Anr v. Union of India and Ors. and connected case, 2025 LiveLaw (Ker) 700Madathil Pakruti v. T.P. Kunjanandan and Anr., 2025 LiveLaw (Ker) 701Angels Nair v. Union of India and Ors., 2025 LiveLaw...

Kerala High Court Grants Interim Protection From Arrest To Palakkad MLA Rahul Mamkootathil In Rape, Miscarriage Case

The Kerala High Court on Saturday (December 6) granted interim protection from arrest to Palakkad MLA Rahul Mamkootathil, who is arraigned in a rape and miscarriage case.When the case came up for consideration, Justice K. Babu made it clear that Mamkootathil cannot be arrested during the pendency of his anticipatory bail application. "During the pendency of the application, I will not...

'Shocked & Surprised': Allahabad High Court Seeks Official's Explanation For Ordering Teacher's Dismissal A Year After His Death

The Allahabad High Court expressed it 'surprised' at the conduct of the state education authorities who initiated dismissal proceedings against an Assistant Teacher more than a year after he had already passed away due to the Covid-19 pandemic. Stressing that an inquiry could not be started against the dead person, a bench of Justice Prakash Padia directed the Director of...

Issued Circular On Guidelines For Public Prosecutors' Appointment : State Tells Kerala High Court

The Kerala High Court was on Friday (December 05) informed that a circular has been issued by the Law Secretary of the State regarding guidelines for the appointment of Public Prosecutors. The Director General of Prosecution submitted that the circular is in consonance with the directions issued in Suo Motu v. State of Kerala and Others. Noting the development, the Division Bench of Chief...

Mere Forgery Claims Do Not Oust NCLT's Jurisdiction To Examine Disputed Company Records: Delhi High Court

The Delhi High Court has recently held that mere allegations of fraud or forgery cannot be used to oust the jurisdiction of the National Company Law Tribunal (NCLT). The court ruled that civil courts cannot entertain parallel suits when the same issues are already before the NCLT in an oppression and mismanagement case. A single bench of Justice Amit Mahajan, subsequently, set aside a...

High Court Closes PIL Against 'Illegal' Stay Of Migrants & 'Insignificant Deportations' As Per Assam Accord, Awaits SC Verdict

The Gauhati High Court on Wednesday closed a Public Interest Litigation (PIL) plea that sought the strict implementation of the deportation clauses of the Assam Accord, 1985, in view of the pendency of similar substantial issues before the Supreme Court. A Bench of Justice Michael Zothankhuma and Justice N. Unni Krishnan Nair, disposed of the petition filed by the Assam Andolon...

SC's 2016 Verdict Exempts 'Sensitive' FIRs From Mandatory Online Uploading; 'Aggrieved Person' May Seek Copy From SP/CP: Allahabad HC

Clarifying the procedure for obtaining a copy of First Information Report (FIR) in 'sensitive' cases where they are not uploaded online, the Allahabad High Court recently noted that in such cases, an "aggrieved person" can apply directly to the Superintendent of Police (SP) or Commissioner of Police, as the case maybe, seeking a copy of the FIR. HC referred to the exceptions carved...

Complete Violation During Bhajans, Azans & Club Events : High Court Registers Suo Motu PIL On Recurring Noise Pollution In Nagpur

The Bombay High Court (Nagpur Bench) recently took Suo Moto cognizance of the 'recurring' issue of noise pollution in Nagpur city and explicitly named prominent clubs, temples and Dargahs adding that activities like 'bhajans', 'azans' and various celebrations and events are conducted in violation of the law. A bench of Justice Anil L Pansare and Justice Raj D Wakode said that state...

'X' Posts On Pahalgam Attack 'Against PM', His Name Used Disrespectfully: Allahabad HC Denies Anticipatory Bail To Singer Neha Rathore

The Allahabad High Court (Lucknow Bench) today rejected the anticipatory bail application filed by folk singer Neha Singh Rathore in connection with an FIR lodged against her for allegedly making objectionable posts on social media regarding Prime Minister Narendra Modi and Pahalgam terror attack. A bench of Justice Brij Raj Singh observed that the 'X' Posts/tweets posted by...

State Cannot Deny Increment & Benefits To Chief Justice's Staff Once CJ Grants Extension Of Service Under Article 229: HP High Court

The Himachal Pradesh High Court has held that once the Chief Justice grants extension of service to his Principal Private Secretary with full consequential benefits under Article 229 of the Constitution, the administrative establishment does not have any right to seek further clarification from the State.Further, the Court remarked that there is a clear distinction between extension in...

Arbitration Clause In GeM Contract Becomes Inoperative Once S.18 Of MSMED Act Is Invoked Before MSME Council: Gauhati High Court

The Gauhati High Court has held that once a supplier invokes Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), the statutory dispute-resolution mechanism under the Act overrides the arbitration clause contained in a Government e-Marketplace (GeM) contract, including the agreed seat of arbitration.The ruling was delivered by Justice Manish Choudhury,...

Income Tax Appeal Cannot Be Rejected Solely For Assessee's Non-Appearance Before CIT(A): Kerala High Court

The Kerala High Court has held that an Income Tax Appeal cannot be rejected solely for the assessee's non-appearance before the Commissioner of Income Tax (Appeals). Justice Ziyad Rahman A.A. stated that none of the provisions in Section 250 of the Income Tax Act permit the appellate authority to reject the appeal on the ground of non-appearance of the assessee/appellant,...