Kerala High Court Refuses To Appoint Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

The Kerala High Court has dismissed the petition seeking to appoint a Special Public Prosecutor in the trial of MLA Antony Raju in the evidence tampering case. Justice Kauser Edappagath took into account the fact that the trial has already commenced and there is a direction from the Supreme Court to finish the trial within a year.“Considering the fact that there is nothing to show that...

Kerala High Court Weekly Round-Up: March 17 - 23, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 181 – 202]XXX v Union of India, 2025 LiveLaw (Ker) 181Badi Govindan v Dayaroth Arikothan Rohini, 2025 LiveLaw (Ker) 182T K Pavithran v Kerala Lok Ayukta, 2025 LiveLaw (Ker) 183Kerala Waqf Samrakshana Vedhi v State of Kerala and Others, 2025 LiveLaw (Ker) 184Dhanesh M v State of Kerala, 2025 LiveLaw (Ker) 185Ummu Kulsoom and Others v Mayyanad...

To Check If Special Rules Violate State & Subordinate Service Rules, It Needs To Be Seen If Both Can Co-Exist Without Colliding: Kerala HC

The Kerala High Court observed that to see whether special rules of a service are repugnant to the general provisions of the Kerala State & Subordinate Service Rules (KS & SSR), it has to be checked whether both provisions can co-exist in a given situation without going into a collision course.The Division Bench of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar in its...

Kerala High Court Suggests Mandatory Mentoring, Training Classes For Young Lawyers During First 5 Yrs Of Practice

The Kerala High Court today suggested that younger members of the Bar should get mandatory mentoring for at least first five years of their practice.A Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Easwaran S enquired with Advocate Yeshwanth Shenoy, President of Kerala High Court Advocates Association (KHCAA) whether mentoring can be provided to the younger members of the Bar...

Revenue Cannot Re-Assess Time Barred Assessment Under KVAT Act Based On CAG Report: Kerala High Court

The Kerala High Court stated that revenue cannot re-assess time barred assessment under KVAT Act based on CAG report. The Division Bench of Justices A.Y. Jayasankaran Nambiar and Easwaran S. observed that “there cannot be an exercise of power under Section 25A of the KVAT Act beyond the period of limitation prescribed under Section 25(1) of the KVAT Act. In fact the provisions...

Valid Adoption By Christians Made As Per Civil Law Is Recognized Under Canon Law: Kerala High Court

The Kerala High Court has held that there is no prohibition under Canon Law for a valid adoption for Christians. In doing so, the Court referred to the 'Code of Canons of the Eastern Churches', where there is a mention of adopted children. Further Canon 110, which is followed by some sects of Christians, provides that, children, who have been adopted according to the norm of civil law...

'Shame To The Profession': Kerala High Court Denies Anticipatory Bail To Lawyer Booked For Minor's Rape

The Kerala High Court has rejected the anticipatory bail application of a lawyer who allegedly committed rape on a minor girl. The Court observed that prima facie case was made out against the lawyer and that his bail application cannot be entertained due to bar under Section 482 (4) of the BNSS.Section 482(4) BNSS bars grant of bail to a person booked under Section 65 and Section 70(2) of...

Motor Vehicles Act | Claim U/S 163A Will Not Lie Against Anyone Other Than Owner Or Insurer: Kerala High Court

The Kerala High Court has held that liability to pay compensation under Section 163A of the Motor Vehicles Act will not lie against any person other than the owner and the insurer of the vehicle because the claimant need not plead or establish negligence.Section 163A deals with special provisions as to payment of compensation on a structured formula basis.Justice C.Pratheep Kumar relying upon...

Malankara Church Dispute | Kerala High Court Refuses To Stop State Delegation Trip To Jacobite Catholicos Consecration At Lebanon

The Court however urged the State & the Centre(whose clearance is pending) to consider all consequences before allowing the delegation to go.

Joint Commissioner Has Jurisdiction To Initiate Proceedings Against Assessment Order Passed Pursuant To Remand: Kerala High Court

The Kerala High Court stated that Joint Commissioner has jurisdiction to initiate proceedings under Section 56 of the KVAT Act against assessment order passed pursuant to remand. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “when the fresh assessment order was passed consequence to the remand, the original assessment order ceased to exist...

[POSH Act] Kerala HC Directs State To Frame Guidelines To Ensure Anonymity Of Complainant From Public Domain During Enquiry: Kerala HC

The Kerala High Court has directed the State Government to formulate guidelines for anonymising details of the complainant from public domain during the enquiry proceedings under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The Court stated that at present there is no mechanism under the POSH Act to anonymise the details of...

[NDPS Act] Registration Of Second Crime Need Not Automatically Result In Cancellation Of Bail, Court Must Undertake Summary Enquiry: Kerala HC

The Kerala High Court set aside the order of a Special Court cancelling the bail of an NDPS accused for involvement in a subsequent crime saying that the Special Court cancelled the bail mechanically and without considering the materials connected with the subsequent crime.One of the conditions imposed on the accused while granting bail was that he should not commit any crime while on bail....