Kerala High Court
Mere Possession Of Fake ISI Mark Not An Offence Without Proof Of Its Use: Kerala High Court
The Kerala High Court recently clarified that the mere possession of spurious/fake ISI mark is not punishable under the Bureau of Indian Standards Act, 1986 unless its actual use is proved. [2026 LiveLaw (Ker) 596]Justice A. Badharudeen referred to Sections 11, 12 and 13 of the BIS Act and held:“In both sections 11 and 12, the legislature vigilantly incorporated the word 'used' and...
Placing Penis On Minor's Vagina Can Amount To 'Penetrative Sexual Assault' Under POCSO Act: Kerala High Court
The Kerala High Court recently clarified that placing of penis on minor's vagina amounts to penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) [2026 LiveLaw (Ker) 595]Justice A. Badharudeen observed that 'placing' penis on vagina after removing a child's underwear would amount to slightest degree of 'penetration', attracting the offence...
Prolonged Investigation Without Progress Can Violate Accused's Article 21 Rights: Kerala High Court Quashes Sexual Harassment FIR
The Kerala High Court recently quashed a sexual harassment case against a man after noting that there was an inordinate delay of 8 years in completing the investigation, mainly due to the non-cooperation by the defacto complainant. [2026 LiveLaw (Ker) 592]Justice Jobin Sebastian considered the question as to whether mere filing of an undetected report by the police would confer a right upon...
PIL In Kerala High Court Seeks Strict Guidelines For Police Associations, Cites Concerns Over Political Interference
A public interest litigation has been filed before the Kerala High Court seeking directions to the State government and police authorities to introduce comprehensive guidelines governing the recognition and functioning of police associations, with the stated objective of protecting police discipline, political neutrality and the impartial administration of criminal justice.The Division...
Plea Challenging Constitution Of Kerala Bar Council Committees Withdrawn Following Plan To Reconstitute Them
The Kerala High Court has permitted the withdrawal of a plea challenging the formation of statutory committees of the Bar Council of Kerala. [2026 LiveLaw (Ker) 593]Justice P.V. Kunhikrishnan dismissed the petition as it was withdrawn. The Court had previously issued notice to the Bar Council of Kerala in the plea. The plea filed by advocate Yeshwant Shenoy, an elected member of the XXII...
LiveLaw Kerala High Court Weekly Round-Up: October 12 - October 18, 2026
Citations: 2026 LiveLaw (Ker) 571 - 2026 LiveLaw (Ker) 589Nominal IndexSuo Motu Civil Reference v. Union of India and Ors. & connected cases, 2026 LiveLaw (Ker) 571 X v. State of Kerala and Ors., 2026 LiveLaw (Ker) 572 James V. Kurian and Ors. v V.K. Sam and Anr., 2026 LiveLaw (Ker) 573 K.A. Muhammed Ashraf and Anr. v. Muslim Girls' Higher Secondary School and Ors., 2026 LiveLaw (Ker)...
Kerala High Court Orders SBI To Refund ₹3.73L To Cybercrime Victim, Says Bank Did Not Prove 'Negligence' By Her
The Kerala High Court, in a recent decision, ordered the State Bank of India (SBI) to refund an amount of ₹3.73 lakhs to a customer, who got scammed and reported about the cybercrime within 24 hours. [2026 LiveLaw (Ker) 591]Justice Harisankar V. Menon observed that the bank did not prove that she was privy to the fraudulent transaction and that she is entitled to be found to have...
Captive Elephant Rules | Govt Or HC Can't Extend Timeline Set By Supreme Court For Temples To Register : Kerala High Court
The Kerala High Court has clarified that neither the High Court nor the State government can extend the timeline set by the Apex Court for temples and devaswoms to register themselves in the District Committee constituted under the Kerala Captive Elephant (Management and Maintenance) Rules, 2012. [2026 LiveLaw (Ker) 590]Justice Bechu Kurian Thomas passed the decision referring to the...
Kerala High Court Directs State to Clear ₹9.73 Crore in Pending Victim Compensation Claims Within Five Weeks
The Kerala High Court has directed the State Government to release ₹9,73,85,000 towards victim compensation claims involving 225 cases pending before the Additional Chief Secretary, Home Department within five weeks.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the directions in suo motu proceedings concerning the functioning of mediation centres...
Kerala High Court Refuses To Stay Order Reconstituting State Waqf Board
The Kerala High Court on Saturday (October 17) refused to stay the State Government's order dated October 16 reconstituting the State Waqf Board and appointing 9 new members.Justice S. Manu, however, made it clear that the reconstitution of the Board as per Exhibit P9 would be subject to the outcome of the two writ petitions challenging the order."I am of the view that no case is made out to...
Kerala High Court Orders Re-Trial In Convict's Appeal After Finding Trial Court Acquitted Him Of Attempt To Rape Despite Victim's Sterling Testimony
The Kerala High Court recently ordered re-trial while considering a convict's appeal after finding that the trial court acquitted him of 'attempt to rape' charges despite the victim giving a sterling testimony. [2026 LiveLaw (Ker) 588]Justice A. Badharudeen further clarified that though an appellate court cannot suo motu enhance the conviction or punishment awarded to an accused while...
Police Can Contact Adult Woman Reported To Be Missing, But Can't Compel Her To Return Home : Kerala High Court
The Kerala High Court recently remarked that the police contacting an adult woman, who was reported missing, in order to complete investigation would not amount to harassment. It, however, added that the police cannot compel her to return home if she does not wish to do so. [2026 LiveLaw (Ker) 589]Justice Bechu Kurian Thomas made the observation while hearing a plea filed by a woman...