Kerala High Court
Father's Retirement Benefits Can Be Attached For Child's Maintenance, S.60(1)(g) CPC Exemption Won't Apply: Kerala High Court
The Kerala High Court has recently held that a court can attach a father's retirement benefits for maintaining his child. It further clarified that the exemption under Section 60(1)(g) of the Code of Civil Procedure, which provides that stipends and gratuities of pensioners are not liable to attachment and sale in execution of a decree, would not apply in such cases.Distinguishing the...
Kerala High Court Mourns Demise Of Former Judge Justice K. John Mathew
The Kerala High Court on Monday (November 10) mourned the passing of Justice K. John Mathew (93), who had served as judge of the High Court from 1984 to 1994.After retirement, Justice Mathew was designated Senior Advocate by the Supreme Court and he continued his practice in New Delhi till 2003. He was head of the Government Commission setup to study the effects of Mineral Sand Mining along...
Complainant/ Legal Heirs Must Be Informed When Probe Against Accused Named In FIR Is Dropped: Kerala High Court
The Kerala High Court has directed the State Police Chief to issue necessary instructions to investigating authorities in criminal cases to issue notices to the de facto complainants or their legal heirs when a person named as an accused in the FIR is removed from the list of accused during the course of investigation.The division bench comprising Dr. Justice A K Jayasankaran Nambiar and...
State Financial Enterprise Transferring Funds From Borrower's Frozen Bank Account Without Authority Violates Article 300A: Kerala High Court
The Kerala High Court has restrained the Kerala State Financial Enterprises (KSFE) and its Recovery Officers from transferring amounts from a borrower's frozen bank account to third party accounts, holding that such a move would violate the constitutional protection against deprivation of property without authority of law under Article 300A of the Constitution of India.Justice V.G. Arun...
Kerala High Court Weekly Round-Up: November 03 To November 09, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 701 - 719]Madathil Pakruti v. T.P. Kunjanandan and Anr., 2025 LiveLaw (Ker) 701Angels Nair v. Union of India and Ors., 2025 LiveLaw (Ker) 702Shahabeen Hameed v. Muhammed Ajnas A.B., 2025 LiveLaw (Ker) 703Sivadasan Nair K.G. v. State of Kerala, 2025 LiveLaw (Ker) 704Treasa K.J. v. State of Kerala, 2025 LiveLaw (Ker) 705S. Jayasree. v. State of...
Disclosure Of Income & Payment Of Income Tax Do Not Bar Proceedings Under Benami Transactions Act: Kerala High Court
The Kerala High Court has held that disclosure of income and payment of tax under the Income Tax Act, 1961, does not preclude initiation of proceedings under the Prohibition of Benami Property Transactions Act, 1988. Justice Ziyad Rahman A.A. agreed with the department that the fact that the assessees have disclosed the income in the return and the same was proceeded against under...
Kerala High Court Acquits Man Over Possession Of Fake Dollar Bill, Says No Conscious Possession Or Intent To Use
The Kerala High Court recently acquitted a person, who was found guilty of the offence under Section 489C of the Indian Penal Code [Possession of forged or counterfeit currency-notes or bank-notes], for possessing a counterfeit 100 Dollar bill.Justice Johnson John relied on the 2005 decision of the Supreme Court in K. Hasim v. State of T.N. to find that the offence under the provision is...
Decree For Partial Specific Performance Not Permissible When Defendant Retains Undisputed Title Over Entire Property: Kerala High Court
The Kerala High Court has clarified the limits of granting specific performance for part of a contract under Section 12(2) of the Specific Relief Act, 1963, stating that a decree for part performance for a lesser extent should not be granted if the defendant holds the entire extent of the property.The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment...
Kerala High Court Seeks State's Stand On Legality Of Pre-2008 Paddy Land Reclamations Under Wetland Act
The Kerala High Court on Wednesday (November 5) directed the State Government to file a detailed affidavit clarifying its stand on the legality of paddy land reclamations made prior to the enforcement of the Kerala Conservation of Paddy Land and Wetland Act, 2008.The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M issued the direction while hearing a batch of...
Cheque Dishonour | Accused Can Rebut Presumption Of Debt By Referring To Particular Circumstances Of Case: Kerala High Court
The Kerala High Court, in a recent judgment, clarified that a person accused of the offence under Section 138 of the Negotiable Instruments Act can refer to particular circumstances of the case in order to rebut the presumption under Section 139 and prove non-existence of debt or liability by preponderance of probabilities.The appeal before Justice Bechu Kurian Thomas was preferred by...
Noting Environmental Degradation, Kerala High Court Prohibits Sale Of Plastic Shampoo Sachets & Chemical Kumkum In Sabarimala
The Kerala High Court on Friday (November 7) directed the Travancore Devaswom Board to initiate steps to ensure that the selling of chemical kumkum is banned in Sabarimala to avoid substantial environmental degradation.The Division Bench of Justice Raja Vijayaraghavan and Justice K.V. Jayakumar was considering a suo motu petition based on a report filed by the Special Commissioner, detailing...