Kerala High Court Weekly Round-Up: December 01 - December 07, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 787 - 813]South Indian Bank Ltd. and Anr. v. Rahim H K and Anr., 2025 LiveLaw (Ker) 787Anish Anand v. State of Kerala and Ors., 2025 LiveLaw (Ker) 788Shijo Mon Joseph v. State of Kerala and Anr., 2025 LiveLaw (Ker) 789Kerala State Medical Councils v Daleel Ahmmed and Ors., 2025 LiveLaw (Ker) 790Save A Family Plan (India) v. The Deputy Commissioner of Income Tax, 2025 LiveLaw (Ker) 791X v. Y, 2025 LiveLaw (Ker) 792M/S Esthappan Infrastructure Pvt. Ltd. and Ors. v Reserve Bank of India and Ors., 2025 LiveLaw (Ker) 793Tomon v. State of Kerala, 2025 LiveLaw (Ker) 794S. Sreekumar v. State of Kerala and Anr. and S. Jayasree v. State of Kerala and Ors., 2025 LiveLaw (Ker) 795Directorate of Enforcement v. State of Kerala, 2025 LiveLaw (Ker) 796M/s Escapade Resorts Pvt. Ltd. v. The Commercial Tax Officer, 2025 LiveLaw (Ker) 797N. Prakash v. The Cochin Devaswom Board, 2025 LiveLaw (Ker) 798P.P. Paul v. Union of India, 2025 LiveLaw (Ker) 799XXX v. District Legal Services Authority of Kottayam and Ors. , 2025 LiveLaw (Ker) 800Shiju R v. Sunil Kumar V. , 2025 LiveLaw (Ker) 801P.T. Vincent v. State of Kerala, 2025 LiveLaw (Ker) 802M/S National Timbers v. Union of India, 2025 LiveLaw (Ker) 803Raju K.K. v. State of Kerala, 2025 LiveLaw (Ker) 804Shimwas Hussain v. The Addl./Joint Commissioner of Customs, 2025 LiveLaw (Ker) 805Madhur Sree Madanantheswara Vinayaka Temple v. Income Tax Officer, 2025 LiveLaw (Ker) 806Aspinwall and Company Limited v. The Commissioner of Income Tax, 2025 LiveLaw (Ker) 807Thekkee Cherupillil Sarada v. Income Tax Officer, 2025 LiveLaw (Ker) 808Rajeev K.P. v. Unais K.K., 2025 LiveLaw (Ker) 809M/s K.V. Joshy & C.K. Paul v. The Assistant Commissioner, 2025 LiveLaw (Ker) 810V.R. Sudheer v. State of Kerala and Ors., 2025 LiveLaw (Ker) 811Jiostar India Private Limited (Formerly known as Star India Pvt Ltd) v. Competition Commission of India and Ors., 2025 LiveLaw (Ker) 812Thilakeshwari @ Sheela Kurian v. State of Kerala and Ors., 2025 LiveLaw (Ker) 813Judgments/ Orders This WeekRescheduling Payment Under OTS Amounts To Rewriting Contract, High Court Can't Do It In Writ Jurisdiction: Kerala High CourtCase Title: South Indian Bank Ltd. and Anr. v. Rahim H K and Anr.Citation: 2025 LiveLaw (Ker) 787The Kerala High Court has held that the High Court cannot invoke its writ jurisdiction under Article 226 of the Constitution to reschedule payments to be made by a borrower under One Time Settlement (OTS).A Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. thus sett aside a Single Judge order that had granted borrowers the facility to clear loan arrears in instalments and restrained coercive recovery under the SARFAESI Act.Further Probe Under S.173(8) CrPC Permissible Only By Agency Which Conducted Original Investigation: Kerala High CourtCase Title: Anish Anand v. State of Kerala and Ors.Citation: 2025 LiveLaw (Ker) 788The Kerala High Court has reaffirmed that further investigation under Section 173 (8) CrPC must be conducted by the same agency that has conducted the original investigation and not a different agency.Justice C. Pratheep Kumar was delivering the judgment in a writ petition filed by the accused in pending before the Chief Judicial Magistrate, Pathanamthitta.Invoking Bank Guarantee For Interim Release Of Vehicle Seized For Alleged Sand Transport 'Unjustifiable': Kerala High CourtCase Title: Shijo Mon Joseph v. State of Kerala and Anr.Citation: 2025 LiveLaw (Ker) 789The Kerala High Court recently clarified that a condition, which required furnishing of bank guarantee to get interim custody of a vehicle that was alleged to be caught transporting river sand from forest, is onerous.Justice C.S. Dias observed that the Apex Court decision in Shihab etc. and another v. State of Kerala and another [2016 (4) KHC 183] holds the field when it comes to similar cases.Kerala High Court Upholds Requirement Of Clinical Clerkship For Foreign Medical Grads Who Faced Break In Course During COVIDCase Title: Kerala State Medical Councils v Daleel Ahmmed and Ors.Citation: 2025 LiveLaw (Ker) 790The Kerala High Court on Monday (1 December) upheld the requirement of clinical clerkship for Foreign Medical Graduates (FMGs) who faced a break in the course during the pandemic and joined the college and did a compensatory course.A Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan held that the FMGs, who had completed medical courses in China during the COVID-19 pandemic, had not “sufficiently compensated” the period of online study as required by the National Medical Commission (NMC).Revisional Power U/S 263 Income Tax Act Cannot Be Upheld By Tribunal On Grounds Not Taken By Commissioner: Kerala High CourtCase Title: Save A Family Plan (India) v. The Deputy Commissioner of Income TaxCitation: 2025 LiveLaw (Ker) 791The Kerala High Court has held that a tribunal cannot travel beyond the grounds not cited by the...

Kerala High Court Weekly Round-Up: December 01 - December 07, 2025

K. Salma Jennath

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