After Commencement Of Arbitration, Parties Must Wait Until Award Is Pronounced To File Challenge Unless Appeal Is Available At Earlier Stage: Kerala HC

The Kerela High Court Bench of Justice Basant Balaji has held that once the arbitration has commenced, parties have to wait until the award is pronounced unless a right of appeal is available to them under Section 37 of the Act, even at an earlier stage. Brief Facts of the case: The present dispute arose with respect to an agreement, for the construction of a Multidisciplinary...

Investigating Agency Cannot Include Cognizable Offence In FIR To Bypass Sanction U/S 155(2) Of CrPC: Kerala HC

The Kerala High Court observed that an investigating agency cannot incorporate a cognizable offence in the FIR without any materials before it to bypass Section 155(2) Cr.P.C.As per Section 155(2) of Code of Criminal Procedure, the police can investigate into a non-cognizable offence only after getting an order from the Magistrate concerned.It was alleged that the petitioner in this case...

Intelligence Officer Allegedly Involved In Colleague's Death Approaches Kerala High Court Seeking Anticipatory Bail

Sukanth Suresh P. who is alleged of being involved in the death of his 24-year colleague and girlfriend Megha Madhusoodhanan has approached the Kerala High Court seeking anticipatory bail.Megha Madhusoodhanan, a Security Assistant/ Executive with the Bureau of Immigration at Trivandrum Airport reportedly died by suicide by jumping in front of a train in Pettah Railway station. The family...

Co-Opted Members Of Bar Council Cannot Be Considered As A Separate Class From Elected Members: Kerala HC

The Kerala High Court recently held that co-opted members of the Bar Council cannot be considered as a separate class from elected members.Justice C. S. Dias made this observation in a petition filed by 2 co-opted members of the Bar Council of Kerala (BCK) who challenged the decision of the Council to keep them away from its meeting after the Bar Council of India (BCI) extended the term of...

Kerala High Court Stays Criminal Proceedings Against Divya Pharmacy, Baba Ramdev & Acharya Balkrishna Over Medical Ads

The Kerala High Court on Thursday stayed the proceedings against Divya Pharmacy, Baba Ramdev and Acharya Balkrishna in a criminal complaint filed under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 over the alleged publication of misleading medical advertisements.Justice VG Arun passed the interim order while issuing notice on a petition filed by them to quash a...

Kerala High Court Monthly Digest: March 2025 [Citations: 144 - 221]

Nominal Index: [Citations: 2024 LiveLaw (Ker) 144 - 221]Anzar Azeez v State of Kerala, 2025 LiveLaw (Ker) 144M/s Ramanattu Motor Corp. v. State of Kerala, 2025 LiveLaw (Ker) 145Afeefa Khadir v State of Kerala, 2025 LiveLaw (Ker) 146Kerala State Electricity Board Ltd v Raphel & Co., 2025 LiveLaw (Ker) 147Ashok Harry Pothen Vs. The Authorised Officer, M/S. Indian Bank, 2025 LiveLaw...

Advocate Cannot Be Summoned As Witness And Be Compelled To Disclose Confidential Information Against Client : Kerala HC

The Kerala High Court observed that police's power provided under Section 179(1) of BNSS cannot be stretched to call for an advocate–who is appearing for the accused in the crime–so as to divulge information shared between him and the client. In doing so it observed that summoning an advocate representing his client potentially infringes the "client's right to representation and also...

Walayar Rape-Death Case: Kerala High Court Grants Interim Protection From Coercive Steps To Victims' Parents

The Kerala High Court on Wednesday (2nd April) passed an interim order protecting the parents of the Walayar victims from any coercive steps.The parents had moved the High Court to quash the CBI chargesheet after they were named accused in the case for allegedly abetting the rape on the children. They have also raised issue with the CBI's conclusion that the children died by suicide.Today,...

Kerala High Court Directs State To Implement Its Monthly Scholarship Scheme For Disabled Children; Highlights Indifference Of Officers

The Kerala High Court has asked the State government to scrupulously implement its 2015 policy for persons with disabilities under which it had announced a Scheme for distribution of monthly scholarships to eligible students.The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu also flagged the 'reluctance and apathy' of ground-level officers in implementing the Scheme...

Kerala High Court Refuses To Stay Screening Of Mohanlal Starrer 'Empuraan' On BJP Leader's Plea, Calls It 'Publicity Interest'

The Kerala High Court on Tuesday (April 01) refused to stay the screening of big-budget Mohanlal-starrer “Empuraan” movie, which hit the theaters on March 27. The film became a centre of controversy after certain right-wing groups objected to the portrayal of the 2002 Gujarat riots. BJP leader VV Vijeesh had approached the High Court apprehending communal violence.While refusing to stay...

BJP Leader Moves Kerala High Court To Ban 'Empuraan', Says Film Can Incite Communal Violence

A writ petition has been filed in the Kerala High Court seeking to stop the screening of the Malayalam film 'Empuraan'. The petitioner is V. V. Vijesh, a member of the BJP Thrissur District Committee. The petitioner objected to the depiction of the post-Godhra communal riots in the movie and said that there was a risk of inciting communal violence.The big-budget Mohanlal-starrer 'Empuraan'...

Kerala High Court Weekly Round-Up: March 24 - 30, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 203 – 220]State of Kerala and Anr v Dr. Chitra S. & State of Kerala and Anr v Dr. Chitra Revi, 2025 LiveLaw (Ker) 203South Indian Bank Ltd. v Jahfer M, 2025 LiveLaw (Ker) 204P J Francis v C D Jose, 2025 LiveLaw (Ker) 205Anil K Emmanuel v State of Kerala and Others, 2025 LiveLaw (Ker) 206Sunithkumar S. and Others v State of Kerala and Others,...