Magistrate Taking Cognizance Based On Protest Complaint Must Pass Speaking Order & Consider Refer Report: Kerala High Court

The Kerala High Court has ruled that a magistrate taking cognizance based on a protest complaint must consider the refer report filed by the police and pass a speaking order.Referring to the decisions in Parameswaran Nair v. Surendran [2009 (1) KLT 794] and C.R. Chandran v. State of Kerala [ILR 2024 (3) Ker. 245], Justice C. Pratheep Kumar observed:“Therefore, it is evident that while taking cognizance of an offence based on a private complainant, especially one filed as a protest complaint...

Victim Cannot File Second Appeal Against Order Affirming Acquittal By Seeking Special Leave From HC U/S 419(4) BNSS: Kerala High Court

The Kerala High Court recently passed a judgment holding that a victim cannot filed a second appeal against the acquittal of an accused by seeking special leave from the High Court as per Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita.Relying on the Supreme Court's observations in Asian Paints Limited v. Ram Babu and Another, Justice Bechu Kurian Thomas remarked:“It is evident...

Brand Ambassador Not Liable For Unfair Trade Practices Or Deficient Service Unless Directly Linked To Transaction With Consumer: Kerala HC

The Kerala High Court recently held that a brand ambassador will not be liable for a brand's unfair trade practice or deficiency in service unless a direct link is established between him and the consumer's transaction.Justice Ziyad Rahman A.A. however clarified that an action may lie against a brand ambassador/endorser under Section 21 of the Consumer Protection Act for false or...

Kerala High Court Strikes Down Devaswom Recruitment Board's Power Over Guruvayoor Appointments

The Kerala High Court has held that Section 9 of the Kerala Devaswom Recruitment Board Act, 2015 (KDRB Act) which empowers the KDRB to prepare select lists for the appointment of candidates to various posts in the Guruvayoor Devaswom posts is unconstitutional. The Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V M were considering an appeal filed by the...

Justice Soumen Sen Sworn-In As Chief Justice Of Kerala High Court

Justice Soumen Sen was sworn in as the 40th Chief Justice of Kerala High Court on Saturday (January 10).The oath of office was administered by Governor Rajendra Arlekar at Raj Bhavan, Thiruvananthapuram. Chief Minister Pinarayi Vijayan was also present during the swearing in ceremony.The Central Government had earlier issued a notification to transfer Justice Sen from Meghalaya High Court...

'We Are Defined Not By The Office We Hold, But By Choices We Make': Chief Justice Nitin Jamdar Bids Farewell To Kerala High Court

The Kerala High Court on Friday (09 January) bid farewell to its 39th Chief Justice, Justice Nitin Jamdar, who demitted office on superannuation.A full court reference was held in the presence of judges, senior advocates, members of the Bar and court staff. Chief Justice Nitin Jamdar expressed deep gratitude to the Bench, Bar and registry, describing the Kerala High Court not merely as...

Kerala High Court Absolves Actor Mohanlal In Manappuram Finance False Advertisement Case

The Kerala High Court has absolved actor Mohanlal from liability in a consumer case alleging unfair trade practice by Manappuram Finance for demanding higher interest than what was advertised by it.Justice Ziyad Rahman A.A. remarked that as long as the actor was only the brand ambassador of Manappuram and did not, in any manner, persuade to avail their services, liability cannot be...

Kerala High Court Allows Additional Entry Of Changed Name In Marriage Register After Wife's Religious Conversion

While dealing with an inter-religious marriage under the Special Marriage Act, the Kerala High Court has held that if a spouse wishes to convert their religion, an additional entry can be incorporated in the marriage register to record his/her new name.Justice P.V. Kunhikrishnan thus directed the Registrar of Marriages, Panchayat Secretary concerned and other authorities to incorporate...

Bank Loan Fraud | Civil Decree For Recovery Doesn't Erase Liability For Criminal Misappropriation Under PC Act: Kerala High Court

The Kerala High Court has held that the existence of a civil decree for recovery of loan dues does not negate criminal liability for conspiracy and misappropriation under the Prevention of Corruption Act, 1988, holding that criminal culpability must be assessed independently of civil remediesJustice A Badharudeen was delivering a judgment in a criminal appeal challenging the conviction...

Public Servant Must Be Heard Before PC Act Sanction When Request Not Made By Police Or Law Enforcement Authority: Kerala High Court

The Kerala High Court recently ruled that the sanction to prosecute a public servant under the Prevention of Corruption (Amendment) Act, 2018 cannot be accorded without hearing the public servant concerned when the request is made by a person other than a police officer or other law enforcement authority.Justice A. Badharudeen was considering a plea preferred by a person who was directed by...

District Authority Can Reject Petrol Pump NOC For Violating CPCB Distance Norms From Schools: Kerala High Court

The Kerala High Court recently held that the District Authority can reject an application for No Objection Certificate under Rule 144 of the Petroleum Rules, 2002 for not maintaining minimum distance from schools and other public places in accordance with the Central Pollution Control Board's guidelines.Justice M.A. Abdul Hakhim added that since a playground is integral to the functioning...

Kerala High Court Annual Digest 2025: Part III [Citations 601 - 858]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 601 - 858]R. Thilakan and Ors. v. State of Kerala and Anr., 2025 LiveLaw (Ker) 601P.N. Suresh Kumar and Others v State of Kerala and Another, 2025 LiveLaw (Ker) 602K.C. Dileep Kumar v Kerala State Electricity Board Ltd and Others, 2025 LiveLaw (Ker) 603State of Kerala v. Enforcement Directorate, 2025 LiveLaw (Ker) 604Muhammed Shammas P. v. State...