Kerala High Court Weekly Round-Up: April 7 – 13, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 228 – 240]Balu v State of Kerala and Others, 2025 LiveLaw (Ker) 228P. Gopalakrishnan @ Dileep v State of Kerala, 2025 LiveLaw (Ker) 229Himaval Maheshwara Bhadrananda v State of Kerala and Another, 2025 LiveLaw (Ker) 230Amal Nisham v The State of Kerala and Another, 2025 LiveLaw (Ker) 231K. N. Anand Kumar v State of Kerala, 2025 LiveLaw (Ker)...

Pension Hard-Earned 'Property' Protected Under Article 300A, Can't Be Taken Away Without Following Due Process: Chhattisgarh High Court

The Chhattisgarh High Court has held that pension is a hard earned benefit accrued to an employee and is in the nature of 'property', which enjoys the protection of Article 300-A of the Constitution of India and the same cannot be taken away without due process of law.A Single Judge Bench of Justice Bibhu Datta Guru, further observed, “A person cannot be deprived of this pension without...

Rajasthan High Court Monthly Digest: March 2025

Citations: 2025 LiveLaw (Raj) 81 To 2024 LiveLaw (Raj) 124NOMINAL INDEXMadhu Kanwar v State of Rajasthan 2025 LiveLaw (Raj) 81Saloni Institute of Medical Sciences v the State of Rajasthan 2025 LiveLaw (Raj) 82Vikash Kumar v State of Rajasthan & Ors. 2025 LiveLaw (Raj) 83Rajaram v the State of Rajasthan & Ors. 2025 LiveLaw (Raj) 84GR v State of the Rajasthan 2025 LiveLaw (Raj)...

Arbitration Clause Cannot Be Considered Binding If Mandatory Arbitration Reference Is Missing: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sakar has held that if a clause in an agreement gives the parties discretion to refer the matter to arbitration after disputes have arisen, it cannot be construed as a binding arbitration agreement. Such invocation of the arbitration clause requires fresh consent of the other party before the matter can be referred to...

College Supplying Food Through Canteen Managed By Educational Trust Is Liable For Registration Under KVAT Act: Kerala High Court

The Kerala High Court held that college supplying food through canteen, though managed by educational trust, is liable for registration under KVAT Act. The bench disagreed with the assessee that even if it is assumed that the sales in the canteen are found to be assessable under the provisions of the VAT, it falls within the threshold limit and therefore, the assessee cannot...

Goods Exempted From Customs Duty, May Still Be Subject To Levy Of Additional Duty Under Respective Enactments: Madras High Court

The Madras High Court stated that goods imported exempted from basic customs duty, may still be subject to levy of additional duty under respective enactments. “The goods imported, even though exempted from basic customs duty, may still be subject to levy of additional duty under the respective enactments and they would be so subject unless and until they are specifically exempted...

Bombay High Court Quarterly Digest: January To March 2025

Citations: 2025 LiveLaw (Bom) 1 to 2025 LiveLaw (Bom) 122Nominal Index:Smita Pansare vs State of Maharashtra, 2025 (LiveLaw) Bom 1Prameya Welfare Foundation vs. State Of Maharashtra, 2025 LiveLaw (Bom) 2Shweta Tiwari vs State of Maharashtra, 2025 LiveLaw (Bom) 3Amit Chavan vs State of Maharashtra, 2025 LiveLaw (Bom) 4Jindal Cocoa LLP & ors. vs. Reserve Bank of India & ors., 2025...

Centre Notifies Transfer Of Justice Sushrut Arvind Dharmadhikari From MP HC To Kerala High Court

The Central Government has notified the transfer of Justice Sushrut Arvind Dharmadhikari from Madhya Pradesh High Court to the Kerala High Court.The Supreme Court Collegium had recommended his transfer following the meetings held on 20th March 2025, 24th March 2025 and 03rd April 2025.Born on 8th July, 1966 at Raipur, Justice Dharmadhikari has an experience of 24 years as an Advocate in the...

'Love Deepens As We Grow Older': Kerala HC Grants Bail To 91-Yr-Old Man Accused Of Stabbing 88-Yr-Old Wife For Allegedly Suspecting He Had Illicit Affairs

The Kerala High Court granted bail to a 91-year-old man who was accused of attacking his 88-year-old wife with a knife, whereby she sustained serious injuries.Justice P. V. Kunhikrishnan observed that the 91-year-old should be allowed to live with his wife in his old age.The petitioner's version was that he stabbed his wife as she insulted him by saying that he had illicit relationships...

Substitution Of Arbitrator Can't Be Allowed When Petitioner Voluntarily Withdraws From Arbitral Proceedings: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has held that an application under Section 15 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), seeking substitution of the arbitrator, cannot be allowed when the petitioner had voluntarily withdrawn from the arbitral proceedings and failed to participate despite being given ample opportunities, especially after a...

Calcutta High Court Orders Deployment Of Central Forces In Murshidabad After Anti-Waqf Bill Protests Turn Violent

In an urgent hearing on Saturday, the Calcutta High Court ordered the deployment of Central Forces in Bengal's Murshidabad after violence broke out during Anti-Waqf Bill protests, which reportedly led to multiple deaths.Chief Justice TS Sivagnanam constituted a special division bench constituted by Justices Soumen Sen and Raja Basu Chowdhury upon an urgent plea moved by BJP leader...

Mandate Of Arbitration U/S 29A Of Arbitration Act Can Be Extended By High Court Only When Arbitrator Is Appointed By It: Telangana High Court

The Telangana High Court bench of Justice Moushumi Bhattacharya and Justice B.R.Madhusudhan Rao has held that when an arbitrator is appointed by the High Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) in a domestic arbitration, the mandate of the arbitrator can be extended by the High Court only under Section 29A of the Arbitration Act and not...