Kerala High Court Monthly Digest: May 2025 [Citations: 258 - 304]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 258 – 304]Shafeek Shajahan v State of Kerala, 2025 LiveLaw (Ker) 258Yeshwanth Shenoy v The Bar Council of Kerala and Others, 2025 LiveLaw (Ker) 259M. M. Varghese v Assistant Director of Income Tax, 2025 LiveLaw (Ker) 260Laju Cherian v Tara Laju and State of Kerala, 2025 LiveLaw (Ker) 261Trivandrum Apollo Towers Pvt. Ltd and Another v Union of...

Temple Advisory Committee Can't Collect Money From Devotees For 'Para Nirakkal'; Collection Only Against Approved Sealed Coupons: Kerala HC

The Kerala High Court has recently passed a judgment wherein it held that even the Temple Advisory Committee constituted under S.31A of the Travancore Cochin Hindu Religious Institutions Act cannot collect donations from devotees in connection to 'Para Nirakkal'. It was also held that any collection of money from devotees in connection with annual festival shall be with the prior approval of...

Kerala High Court Imposes Costs On State In Land Classification Case, Takes Exception To 'Unfair' Litigation

In a notable judgment, the Kerala High Court dismissed two writ appeals filed by the State and revenue authorities, imposing costs of Rs.25,000/- on them for what the Court described as unreasonable and unfair litigation tactics. The case, heard by Dr. Justice A.K. Jayasankaran Nambiar and Justice P.M. Manoj, arose from a dispute over the classification of land owned by Mananchira...

Cargo Ship Oil Spill | Kerala High Court Directs State To Release Data On Cargo Carried By MSC Elsa Ship, Impact Of Spill

The Kerala High Court on Thursday (5th June) directed the State to publish details about the cargo and the impact of materials carried by the cargo ship MSC-Elsa 3The Liberian flag bearing cargo ship sank off Kochi coast on 24th May. Reportedly, the ship was carrying 13 containers of calcium carbide and nurdles. The capsizing of the ship released bunker oil, diesel raising concerns of an...

Kerala High Court Quashes State Govt's Imposition Of Mandatory Internship Fees For Foreign Medical Graduates

The Kerala High Court has quashed the State Government's order imposing internship fees on Foreign Medical Graduates (FMGs) for completing their compulsory rotatory medical internship (CRMI) in government hospitals. The judgment, delivered by Justice N. Nagaresh, emphasized that only the National Medical Commission (NMC) has the power to regulate internships and that the State Government's...

Kerala High Court Slams State Water Authority For Not Providing Instructions To Counsel In Suo Motu Case On Electrocution Of Sabarimala Pilgrim

The Kerala High Court on Thursday (June 5) came down hard on the Kerala Water Authority (KWA) for not providing timely instructions to its Standing Counsel in a case regarding the death of a pilgrim at Sabrimala due to electrocution. The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S was hearing the Suo Motu proceedings initiated by the Court following the death of...

No Provision To Reject Appeal On Non-Appearance Of Assessee, Must Be Decided By Mandate U/S 250(6) Of Income Tax Act: Kerala High Court

The Kerala High Court stated that there is no provision of rejecting the appeal merely on non-appearance of assessee and the appellate authority must decide an appeal by strictly following the mandate contemplated under Section 250(6) of the Income Tax Act, 1961. The Bench of Justice Ziyad Rahman A.A. observed that “evidently, going by Subsection 6 of Section 250, no other meaning...

Differently-Abled Employee Cannot Be Punished For Govt's Failure To Provide Infrastructural Facilities: Kerala High Court

The Kerala High Court recently observed that it was the duty of the government as per the Rights of Persons with Disability Act to ensure public places are accessible to differently abled persons and any failure to do so should not be detrimental to a government employee with disabilities.The Bench of Justice A. Muhamed Mustaque and Justice Johnson John made this observation in a case filed by...

Kerala High Court Allows Transgender Parents To Be Shown As 'Parents' Instead Of Father Or Mother, Says Law Must Evolve With Society

The Kerala High Court while allowing the petition filed by the Zahhad and Ziya, the first transgender parents of the country, to change the description of them in their child' s birth certificate from father and mother to parents observed that the law has to evolve with the changes in the society“…the law cannot remain static, but it has to evolve in accordance with the changes in the...

Kerala High Court Issues Fresh Notice To Former MLA PV Anvar In Plea Seeking CBI Inquiry Into Phone Tapping Allegations

The Kerala High Court has directed issuance of fresh notice to Former Nilambur Member of Legislative Assembly PV Anvar in a Writ Petition (Criminal) that sought CBI investigation into an alleged case of illegal phone tapping.The matter was listed today and was considered by Justice P.V. Kunhikrishnan. Advocate K.M. Firoz took notice for the former MLA, who is arrayed as the 13th respondent in...

Kerala High Court Stays Trial In Youth Congress Activist Shuhaib's Murder Case, Asks State To Consider Parents' Plea To Replace Public Prosecutor

The Kerala High Court on Wednesday (4th June) stayed the trial of the murder case of Youth Congress Activist, Shuhaib before the Additional Sessions Court III, Thalassery. The order was made by Justice P. V. Kunhikrishnan in a petition filed by Shuhaib's parents and the witnesses in the case to appoint a special prosecutor to conduct the trial.Shuhaib was hacked to death allegedly by...

Vessel Engaged Under SEAIOCM Agreement Qualifies As 'Foreign Going Vessel' For Exemption U/S 87 Of Customs Act: Kerala High Court

The Kerala High Court stated that vessel engaged under SEAIOCM agreement qualified as 'foreign going vessel' for exemption under section 87 Of Customs Act. The Bench consists of Justices A.K. Jayasankaran Nambiar and P.M. Manoj was addressing the issue of whether in the backdrop of the terms of engagement of the vessel under the SEAIOCM Agreement, the vessel can be categorized as...