Bail Can't Be Converted Into Detention: Kerala High Court Quashes Condition Requiring Foreigner To Stay In Transit Home

The Kerala High Court has held that criminal courts cannot impose conditions that effectively detain a foreign national in a transit or detention centre after granting bail.Dr. Justice Kauser Edappagath held that directions to remain in the detention centre/ transit home while granting bail to a foreign national would amount to keeping the accused in some kind of confinement even after he...

Publicize App Feature On Citizens' Complaints Against Non-Compliance Of Road Standards On Pedestrian Safety: Kerala High Court To NHAI

The Kerala High Court recently directed the National Highways Authority of India (NHAI) to give publicity to the newly introduced feature in its mobile application 'Rajmargyatra' that permits citizens to submit grievances under the head 'Non-conformity regarding Indian Roads Congress Standards for the Pedestrians.'The Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. was seized with two public interest litigations. One of the PILs (WP(C) No. 20485 of 2024) sought various...

Cheque Dishonour| Can't Invoke Inherent Powers To Set Aside Conviction & Sentence At Post-Revision Stage: Kerala High Court

The Kerala High Court recently held that the inherent powers of a High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita cannot be invoked to set aside a conviction and sentence under Section 138 of the Negotiable Instruments Act once the High Court had already finally decided the case in revision.The plea before Justice C.S. Dias was preferred by a private company and its Managing Director. They were convicted and sentenced for the offence under Section 138 NI Act. This was...

'Pedantic Literalism': Kerala High Court Directs Tribunal Not To Insist On Separate Petitions For Exempting Court Fees & Legal Benefit Fund

The Kerala High Court recently directed a Motor Accidents Claims Tribunal to number a claim petition without insisting on separate petitions for exemption from payment of court fees and legal benefit fund (LBF).The plea before Justice Mohammed Nias C.P. was preferred by a person claiming around Rs. 15 lakhs for an injury sustained in a motor accident. He filed a claim petition before the Tribunal along with interim applications seeking exemption from the court fees and LBF. However, the Tribunal...

Sabarimala Gold Theft: Jeweller Roddam Govardhan Moves Kerala High Court Seeking Bail, Claims SIT Forcibly Took His Gold

Roddam Pandurangaiah Naga Govardhan, one of the accused persons in the high-profile Sabarimala gold theft case, has moved the Kerala High Court seeking bail.He is arrayed in both the crimes registered by the Crime Branch regarding the misappropriation of gold from the dwarapalaka idols and the doorframes/lintels of the Sreekovil in Sabarimala.The prosecution allegation was that the...

Vehicles Owned By Third-Party Contractors Can't Be Mechanically Confiscated Under Conservation Of Paddy Land Act: Kerala High Court

The Kerala High Court has held that vehicles owned by third-party contractors cannot be mechanically confiscated under the Kerala Conservation of Paddy Land and Wetland Act, 2008, unless there is a finding of knowledge or connivance in the illegal reclamation of paddy land.A Division Bench comprising Justice A Muhamed Mustaque and Justice Harisankar V Menon allowed a writ appeal filed by a...

Kerala High Court Weekly Round-Up: December 15 - December 21, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 824 - 837]B.K.N. Pillai @ B.K. Narayana Pillai v. State of Kerala and Ors., 2025 LiveLaw (Ker) 824V.P. Abdurahiman v. C. Safiya, 2025 LiveLaw (Ker) 825The Authorised Officer, South Indian Bank and Anr. v. Sheela Francis Parakkal and Ors., 2025 LiveLaw (Ker) 826The South Indian Bank Limited v. Income Tax Officer, 2025 LiveLaw (Ker)...

NDPS Act | Kerala High Court Grants Bail To Tanzanian Nationals, Cites Lack Of Materials Connected To Offence Except Financial Transaction

The Kerala High Court recently granted bail to two Tanzania nationals, who are accused under the NDPS Act after noting that they have no criminal antecedents and that the only material produced by prosecution in the Final Report to connect them with the offence was financial transaction.Justice Bechu Kurian Thomas found that the rigour under Section 37 of the Narcotic Drugs and...

Fresh Arbitration Notice is Mandatory For Second Round Of Arbitration After Earlier Award Is Set Aside: Kerala High Court

The Kerala High Court has held that a fresh arbitration notice under section 21 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) is mandatory for initiating a second round of arbitral proceedings after an earlier arbitral award has been set aside even when the award was declared as a nullity due to invalid appointment of the arbitrator. Justice S. Manu while...

Sabarimala Greenfield Airport: Kerala High Court Sets Aside Land Acquisition Steps For Non-Compliance With 2013 Act Safeguards

The Kerala High Court recently set aside the government's preliminary notification and other steps taken for acquiring 2570 acres of the land for the Sabarimala Greenfield Project.Justice C. Jayachandran allowed the writ petition preferred by the Ayana Charitable Trust and its Managing Trustee challenging the notification as well as the Social Impact Assessment report, Expert Group...

Levy Of Service Tax On 'Access To Amusement Facilities' Unconstitutional: Kerala High Court

The Kerala High Court held that the levy of service tax on 'access to amusement facilities' is unconstitutional, as the entire activity squarely falls within the State's taxing power under Entry 62 of List II (entertainments and amusements) of the Constitution of India.Justices A. Muhamed Mustaque and Harisankar V. Menon stated that the provisions of the Entertainments Tax Act also seek to...

Customs Act | Penalty Cannot Be Sustained Solely On S. 108 Statements Without Compliance Of S. 138B: Kerala High Court

The Kerala High Court held that statements recorded under S. 108 of the Customs Act cannot form the basis for imposing penalties unless the mandatory procedural safeguards under Section 138B are complied with.Justices A. Muhamed Mustaque and Harisankar V. Menon opined that Section 138B is essentially in the form of a procedural safeguard regarding the admission of statements under Section 108...