Kerala High Court
Change In Form Or Rephrasing Of Relief Cannot Defeat Principle Of Constructive Res Judicata: Kerala High Court
The Kerala High Court has recently clarified that changing the form or rephrasing of a relief prayed for cannot defeat the principles of res judicata and constructive res judicata.Justice Mohammed Nias C.P. was considering a writ petition filed by a registered MSME (Micro, Small and Media Enterprise) that had sought protection under the Central Government notification, which mandates banks...
Limitation Under Rule 68B Of Income Tax Act Does Not Apply To RDDB Act Proceedings: Kerala High Court
The Kerala High Court held that the limitation under Rule 68B of the second schedule to the Income Tax Act does not apply to RDDB Act (Recovery of Debts Due to Banks and Financial Institutions Act, 1993) proceedings. Justice Mohammed Nias C.P. stated that Rule 68B of the Second Schedule to the Income Tax Act, 1961, has no mandatory application to recovery proceedings under the RDDB...
Sabarimala Gold Loss: Kerala High Court Directs SIT To Investigate Into Larger Conspiracy Behind Misappropriation, Role Of TDB Officials
The Kerala High Court on Tuesday (October 21) observed that investigation into the alleged misappropriation of gold from the Dwarapalaka idols and side frames of the Sabarimala temple needs to be carried out under its direct and continuous supervision in order to ensure a fair, transparent and expeditious process. It also directed that a thorough investigation be carried out into the...
Kerala High Court Refuses To Entertain PIL Alleging Large-Scale Corruption By State Cashew Board
The Kerala High Court refused to entertain a plea alleging large-scale corruption in the import of Raw Cashew Nuts (RCN) by the Kerala Cashew Board Ltd. (KCB)The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M, said that the petition was devoid of merits.“We therefore perceived the petitioner completely devoid and we are not inclined to examine the issue at...
Kerala High Court Suggests State To Assign Portion Of ₹22 Crore Fine Collected For Waste Disposal Awareness On Social Media
The Kerala High Court has orally suggested the State government to dedicate a portion of Rs. 22 crores fine collected to start an awareness campaign, through use of social media, to reach all generations regarding responsible waste disposal.The Special Bench of Justice Bechu Kurian Thomas and Justice Gopinath P. orally observed:“You have collected Rs. 22 crores as fines in the last 9...
Kerala High Court Orders Arrest Of Lawyer, Her Husband Accused Of Misappropriating ₹40 Lakh From Client
The Kerala High Court on Tuesday (October 21) gave an interim direction to the Station House Officer, Negumangad (5th respondent) to conduct a thorough investigation in a case where an advocate (6th respondent) has been accused of misappropriating around Rs. 40 lakh rupees from her client. After noting that the offence was attracted, prima facie, the Court asked the SHO to effect the arrest...
Haal Movie: Kerala High Court To Watch Film To Decide Plea Challenging CBFC Cuts, A-Certification
The Kerala High Court on Tuesday (October 21) decided that it would watch the Malayalam movie 'Haal' starring Shane Nigam on Saturday (October 25) at 7 p.m.Justice V.G. Arun was considering the plea preferred by director and producer of the movie against CBFC's grant of A certification to the film as well as various cuts suggested, including scenes of eating beef biriyani, heroine dance...
Kerala High Court Conducts In-Camera Proceedings In Sabarimala Gold Loss Case
The Kerala High Court on Tuesday (October 21) conducted in-camera hearing of the Sabarimala gold loss case. A notification in this regard was issued by the High Court's Registry on Monday (October 20).Accordingly, today, a Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar took up the matter in-camera. On the last hearing, flagging the issue of contradicting...
Special Court Can Order Further Investigation After Submission Of Final Report: Kerala High Court
The Kerala High Court has recently upheld the power of a Special Court to direct further investigation even after a final report has been filed by the investigating agency concluding that no offence was made out against certain public servants.Justice A. Badharudeen, delivered the judgment in a petition challenging the order of the Special Court directing further investigation in a case...
Kerala High Court Weekly Round-Up: October 13 - October 19, 2025
Nominal Index [Citation: 2025 LiveLaw (Ker) 643 - 657]Stephen V Thomas v Bar Council of India, 2025 LiveLaw (Ker) 643Rajasimhan v. Union of India, 2025 LiveLaw (Ker) 644P P Rajan v State of Kerala and Ors., 2025 LiveLaw (Ker) 645 Prabhu Prakash and Anr. v. State of Kerala, 2025 LiveLaw (Ker) 646 Jayakrishna Menon v. Krishnankutty and Anr., 2025 LiveLaw (Ker) 647Kerala Bank and Anr v...
Income Tax Act | Non-Production Of Form 3CL Isn't Material Suppression; Not Grounds To Reopen Assessment U/S 147: Kerala High Court
The Kerala High Court held that the non-production of Form 3CL is not material suppression and is not a valid ground to reopen the assessment under Section 147 of the Income Tax Act. Under Section 35(2AB) of the Income Tax Act, 1961, any expenditure on scientific research is allowable as a deduction. A sum equal to one and one-half times the expenditure is allowed as such a...