Kerala High Court Weekly Round-Up: December 08 - December 14, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 814 - 823]Manoharan D. and Ors. v. and Kerala State Beverages (Manufacturing and Marketing) Corporation and Ors. connected cases, 2025 LiveLaw (Ker) 814Mohan Abraham v State of Kerala, 2025 LiveLaw (Ker) 815 M/s T P Trading Company v. The Transport Commissioner (Kerala State), 2025 LiveLaw (Ker) 816Sajid Pasha And Ors. V.S.Abdunnasir. P And Ors., 2025 LiveLaw (Ker) 817 James Varghese v. Pala Municipality, 2025 LiveLaw (Ker) 818Indira Gandhi Co-Operative Hospital and Ors and connected case, 2025 LiveLaw (Ker) 819Koshy Phillip v Thomas P Mathew and Ors., 2025 LiveLaw (Ker) 820Catholic Congress v. Juby Thomas and Ors. & Union of India and Ors. v. Juby Thomas and Ors., 2025 LiveLaw (Ker) 821Vishnu N P v State of Kerala and connected cases, 2025 LiveLaw (Ker) 822The Managing Director, KSFE v Mathew P Babu, 2025 LiveLaw (Ker) 823Judgments/ Orders This WeekReceiving Welfare Fund Benefits Not A Bar To Statutory Gratuity: Kerala High Court Upholds Abkari Workers' Right Against BEVCOCase Title: Manoharan D. and Ors. v. and Kerala State Beverages (Manufacturing and Marketing) Corporation and Ors. connected casesCitation: 2025 LiveLaw (Ker) 814The Kerala High Court has held that retired abkari workers of the Kerala State Beverages Corporation Ltd. (KSBC) who were already paid terminal benefits under the State Abkari Workers Welfare Fund Act, are entitled to receive gratuity in terms of the Payment of Gratuity Act which is a statutory right.The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. allowed a batch of writ appeals filed by the abkari workers challenging the decision of the Single bench.Kerala High Court Orders Criminal Courts To Obtain Accused's Endorsement Confirming Supply Of Materials Before Trial BeginsCase Title: Mohan Abraham v State of KeralaCitation: 2025 LiveLaw (Ker) 815The Kerala High Court has recently directed all Criminal Courts in the District Judiciary to obtain an endorsement in the proceedings sheet of the case from the accused or his counsel on the Compliance with Rule 19(4) of the Criminal Rules of Practice in Kerala, 1982, (CRP) before scheduling the case for examination of witnesses.Justice A Badharudeen, delivered the judgment in a criminal miscellaneous case seeking compliance of Rule 19(4) of CRP.Kerala High Court Upholds Over ₹15 Lakh Motor Vehicle Tax Demand On Puducherry-Registered Car Found Used In KeralaCase Title: M/s T P Trading Company v. The Transport Commissioner (Kerala State)Citation: 2025 LiveLaw (Ker) 816The Kerala High Court upheld the motor vehicle tax demand on a car registered in Puducherry after finding no evidence that it was actually used there.Justices A. Muhamed Mustaque and Harisankar V. Menon noted that the NIL returns do not reflect any business being carried out by the assessee from Puducherry.The bench opined that the onus shifts to the assessee to show that the vehicle was not being used in Kerala to attract tax.S.11 Arbitration Plea Not Maintainable Without Valid S.21 Notice; Email Suggesting Arbitrator Appointment Insufficient: Kerala High CourtCase Title: Sajid Pasha And Ors. V.S.Abdunnasir. P And Ors.Citation: 2025 LiveLaw (Ker) 817The Kerala High Court dismissed an arbitration request filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) holding that the applicants failed to send a valid notice under section 21 which is a pre-condition for invoking jurisdiction of the court for appointment of an arbitrator.Justice S. Manu held that email relied upon by the applicants merely asking the respondents to suggest an arbitrator did not mention any specific dispute, any arbitration clause or even which partnership deed was being invoked.Municipality Must Accept Only Tax Component, Penal Charges Not Required For Filing Appeal Under Municipal Act: Kerala High CourtCase Title: James Varghese v. Pala MunicipalityCitation: 2025 LiveLaw (Ker) 818The Kerala High Court held that under Section 509(11) of the Municipality Act, only the tax component shown in the demand notice is required to be paid for filing an appeal. The bench clarified that the Municipality cannot insist on payment of penal interest or any other additional charges for entertaining the appeal.Justice Ziyad Rahman A.A. opined that the obligation of the assessee while submitting an appeal is only to make the payment of the tax component in the demand and nothing more. As far as the penal interest and other charges are concerned, the same can be enforced by invoking the appropriate proceedings, subject to the orders to be passed by the Tribunal.Co-operative Societies Rules | Managing Committee Can't Oust Co-Opted Member At Pleasure; Must Invoke No-Confidence Procedure: Kerala High CourtCase Title: Indira Gandhi Co-Operative Hospital and Ors and connected caseCitation: 2025 LiveLaw (Ker) 819The Kerala High Court has recently held that co-opted members of a managing committee cannot...

Kerala High Court Weekly Round-Up: December 08 - December 14, 2025

Anamika MJ

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