Daughter Of Hindu Who Died After 20.12.2004 Entitled To Equal HUF Share In Kerala; Kerala Joint Family Abolition Act Sections Repugnant To HSA : HC

The Kerala High Court on Monday ruled that Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act 1975 are repugnant to Section 6 of the Hindu Succession (Amendment) Act, 2005, and hence, cannot prevail.As per Section 3 of the Kerala Joint Hindu Family System (Abolition) Act, no person can claim birthright in ancestral property. As per Section 4 of the Act, a Hindu...

Kerala HC Orders Conditional Arrest Of MSC Elsa 3's Sister Ship In Suit By Govt To Secure Maritime Claims Over ₹9500 Crores

An admiralty suit has been filed by the State of Kerala (plaintiff) before the Kerala High Court seeking the arrest of the ship MV MSC Akiteta II (1st defendant). The arrest of MSC Akitteta II was sought in lieu of the maritime claims totalling Rupees 9531.11 crores claimed against its sister ship, MSC Elsa 3.The suit filed under Section 4 of the Admiralty (Jurisdiction and Settlement of...

Accused Can Challenge Trial Court's Order Declining Consent To Withdraw Prosecution U/S 360 Of BNSS: Kerala High Court

The Kerala High Court recently held that an accused can challenge a trial court's 'arbitrary and unreasoned' order refusing to give consent to the state to withdraw prosecution against him under section 360 of BNSS/ section 321 of CrPC, even when the State has chosen not to challenge such orders. The order was passed by Justice Kauser Edapagath. Background The case arose out of...

Detenu Must Be Provided With Legible & Readable Documents, Failure To Do So Will Lead To Invalid Detention Order: Kerala High Court

The Kerala High court has recently held that the failure to provide legible and readable documents to detained persons will result in the detaining order becoming invalid.A Division bench comprising Justice Raja Vijayaraghavan V and Justice K. V. Jayakumar held that the supply of unreadable documents violates section 7(2) of Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) and...

Income Tax | Serving SCN On Old Email After Updation Is Invalid, Despite Earlier Acknowledgement: Kerala High Court

The Kerala High Court stated that reply to one SCN on old email cannot justify non-service of subsequent notice on updated email. Justice Ziyad Rahman A.A. stated that “one of the notices issued under Section 142(1) of the Income Tax Act was indeed served to the assessee in the old email ID, which was after updating the email ID. The assessee also submitted a response to the...

Kerala HC To Initiate Criminal Contempt Against Ex- CPI(M) MLA For Facebook Post Against Judge

Sitting judge of the Kerala High Court, Justice D.K. Singh, has stated that he will be initiating a criminal contempt of court case against former MLA R. Rajesh for making a 'stinking Facebook post' against the judge.The judge stated his intention to take contempt of court action against the politician while hearing another writ petition. Later, while hearing the writ petition preferred by...

AD-I Banks Can Grant Extension For Export Drawback Claims; RBI's Direct Approval Not Mandatory: Kerala High Court

The Kerala High Court stated that AD-I banks authorized by RBI can grant extension for export drawback claims, RBI's direct approval not mandatory. Justice Ziyad Rahman A.A. stated that the Master Circular published in this regard indicates that it is not necessary that extension should come from the Reserve Bank of India itself as the AD-I bank are authorized to grant such...

Bharat Mata Portrait Row: Kerala University Registrar Withdraws Plea Before High Court Against Suspension After Being Reinstated

Kerala University Registrar, Prof. Dr. K.S. Anil Kumar, on Monday (July 7) withdrew a plea before the High Court, challenging his suspension by the varsity's Vice Chancellor in view of his reinstatement by the Syndicate of the University, in connection with the Bharat Mata portrait row.When the matter came up for consideration, before Justice DK Singh, counsel for the Registrar submitted...

Kerala High Court Quashes Proceedings U/S 148 Of Income Tax Act Initiated Against Cancelled PAN Number

The Kerala High Court quashed Income Tax proceedings under Section 148 against co-operative society initiated on cancelled PAN. Justice Ziyad Rahman A.A. observed that the transactions pertain to the relevant assessment year were carried out based on the PAN card that was then in existence, which was later cancelled. By the time the proceedings of assessment were initiated by issuing...

Kerala High Court Weekly Round-Up: June 30 – July 6, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 371 - 388]Nikhil Ayyappan v. State of Kerala, 2025 LiveLaw (Ker) 371Geetha K.K v. Assistant Commissioner, 2025 LiveLaw (Ker) 372XXX v. State of Kerala and Ors., 2025 LiveLaw (Ker) 373Asgar Ali v. Union of India, 2025 LiveLaw (Ker) 374Ison George v. State of Kerala, 2025 LiveLaw (Ker) 375Dr. Kanthanathan R. v. State of Kerala and Ors., 2025...

Kerala High Court Monthly Digest: June 2025 [Citations 305 - 371]

Nominal Index [Citations: 2025 LiveLaw (Ker) 305 - 371]TGN Kumar v. State of Kerala, 2025 LiveLaw (Ker) 305 Asha Verma v. Director General of Police, 2025 LiveLaw (Ker) 306Abjijith M. v. State of Kerala, 2025 LiveLaw (Ker) 307Asianet Star Communications Private Limited v. Competition Commission of India and others, and Connected cases, 2025 LiveLaw (Ker) 308Josna Raphael Poovathingal v. Union...

Challenge To Interim Orders Under DV Act Maintainable U/S 528 Of BNSS Only If There Is Illegality Or Irregularity: Kerala High Court

The Kerala High Court has recently held that a petition seeking exercise of inherent powers to set aside an interim order passed under Section 12(1) the Protection of Women from Domestic Violence Act, 2005 (PWDV Act/DV Act) is not maintainable if the same does not suffer from any blatant irregularity or illegality.Justice G. Girish observed that as per the law laid down by the Supreme Court,...