Kerala High Court Weekly Round-Up: October 27 - November 02, 2025

XXX v YYY, 2025 LiveLaw (Ker) 681

Muhammed Ashar K. v. Muhsina P.K., 2025 LiveLaw (Ker) 682

XXX v YYY, 2025 LiveLaw (Ker) 683

Hirandas V.M. v. State of Kerala, 2025 LiveLaw (Ker) 684

Ranjith Balakrishnan v State of Kerala, 2025 LiveLaw (Ker) 685

Geofin Comtrade Limited v. Asst. CIT, 2025 LiveLaw (Ker) 686

P V Mathew v State, 2025 LiveLaw (Ker) 687

M/S Thiruvonam Industries and Others v Hero Fincorp Ltd, 2025 LiveLaw (Ker) 688

Moosa Thiruvangoth v State of Kerala, 2025 LiveLaw (Ker) 689

Sterling Farm Research and Services Pvt. Ltd. v. The Commissioner of Income Tax, 2025 LiveLaw (Ker) 690

V Chandran v Aliamma George, 2025 LiveLaw (Ker) 691

Asha Lawrence v State of Kerala and Ors and connected matter, 2025 LiveLaw (Ker) 692

Pas Agro Foods v. KRBL Limited and Ors., 2025 LiveLaw (Ker) 693

Usman Kunju and Anr. v. State of Kerala and Anr., 2025 LiveLaw (Ker) 694

State of Kerala v. Subramanian Namboothiri and Anr., 2025 LiveLaw (Ker) 695

Harish V. v. T.C. Mathew and connected cases, 2025 LiveLaw (Ker) 696

Kerala High Court Advocates Association (KHCAA) v. State of Kerala & Others, 2025 LiveLaw (Ker) 697

N M Taha v Kerala State Election Commission and Anr and connected case, 2025 LiveLaw (Ker) 698

Parimal Sahu and connected case, 2025 LiveLaw (Ker) 699

Vellangallur Peoples Welfare Co-operative Society Ltd. and Anr v Union of India and Ors. and connected case, 2025 LiveLaw (Ker) 700

Judgments/ Order This Week

'If She Really Is An Advocate, It's Alarming': Kerala High Court Slams Woman For Misconduct, Casting Aspersions On Judges

Case Title: XXX v YYY

Citation: 2025 LiveLaw (Ker) 681

The Kerala High Court has reprimanded a litigant claiming to be an advocate–who appeared in person to challenge her divorce decree–for her (mis)conduct in Court.

The Division Bench of Justice Devan Ramachandran and Justice M B Snehalatha was hearing the petitioner's plea seeking to invalidate a divorce decree and judgment of Family Court Ernakulam.

Return Of 'Mahar' Can Be Ascertained From Statement Of Parties, Not Merely From 'Khula Nama': Kerala High Court

Case Title: Muhammed Ashar K. v. Muhsina P.K.

Citation: 2025 LiveLaw (Ker) 682

The Kerala High Court has recently clarified that return of 'mahar' (consideration given by husband to wife in marriage) can be ascertained not just from the 'Khula Nama' but also from the statement of parties while considering a Muslim wife's petition for declaration of divorce by 'khula'.

The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha was considering an appeal preferred by the husband challenging the divorce granted by the Family Court.

Suspicious Husband Can Turn Matrimonial Life Into Living Hell: Kerala High Court Grants Divorce To Woman Suspected Of Infidelity

Case Title : XXX v YYY

Citation: 2025 LiveLaw (Ker) 683

While granting divorce to a woman, the Kerala High Court observed that an unfounded suspicion of a husband amounts to a serious form of cruelty.

The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha was delivering the judgment in a matrimonial appeal filed by the wife against the decision of Family Court, Kottayam which declined the relief of divorce sought by her under Section 10(1)(x) of the Divorce Act.

Kerala High Court Eases Bail Conditions Imposed On Rapper Vedan In Sexual Harassment Case, Paves Way For International Tour

Case Title: Hirandas V.M. v. State of Kerala

Citation: 2025 LiveLaw (Ker) 684

The Kerala High Court on Thursday (October 30) modified two bail conditions imposed by the Sessions Court on Rapper Vedan, while granting him anticipatory bail in a sexual harassment case.

Justice C. Pratheep Kumar deleted the conditions requiring the rapper to not leave Kerala and to appear before the Investigating Officer on every Sunday.

Magistrate Could Not Have Taken Cognizance After 15 Yrs: Kerala High Court Quashes Outraging Modesty Case Against Film Director Ranjith

Case Title: Ranjith Balakrishnan v State of Kerala

Citation: 2025 LiveLaw (Ker) 685

The Kerala High Court has quashed the proceedings against Malayalam film director Ranjith in an FIR alleging that he tried to outrage the modesty of an actress by inappropriately holding her hand and attempted to touch her body with sexual intent.

The FIR was registered against the Director under IPC Sections 354 (Assault or criminal force to Woman with intent to outrage her modesty) and 509 (Word, gesture or act intended to insult the modesty of a woman).

Justice C Pratheep Kumar, allowed the petition to quash the proceedings presently pending before the Additional Chief Judicial Magistrate Court, Ernakulam.

S.36(1)(vii) Income Tax Act | Closing Individual Debtor Accounts Not Mandatory For Bad Debt Deduction: Kerala High Court

Case Title: Geofin Comtrade Limited v. Asst. CIT

Citation: 2025 LiveLaw (Ker) 686

The Kerala High Court stated that closing individual debtor accounts is not mandatory for bad debt deduction under Section 36(1)(vii) of the Income Tax Act, 1961.

Justices A. Muhamed Mustaque and Harisankar V. Menon, after referring to the case of Vijaya Bank v. Commissioner of Income Tax and Another, opined that there is no requirement for the individual debtor's account to be closed for claiming a deduction under Section 36(1)(vii) of the Income Tax Act.

Kerala High Court Explains Concept Of 'Contradictions' Under Indian Evidence Act & Pre-Trap Verification In Corruption Cases

Case Title: P V Mathew v State

Citation: 2025 LiveLaw (Ker) 687

The Kerala High Court has recently clarified what constitutes a contradiction in law and under what circumstances an omission can be treated as a contradiction under the Evidence Act.

Justice A Badharudeen was delivering a judgment in the corruption case of a former village office under the Prevention of Corruption Act, 1988.

The Court examined the concept of “Contradiction” under Section 145 of the Indian Evidence Act, 1872 and Section 161 of the Code of Criminal Procedure, 1973.

Constitutional Remedy Cannot Be Invoked By Litigant To Avoid Approaching Tribunal Under SARFAESI Act: Kerala High Court

Case Title: M/S Thiruvonam Industries and Others v Hero Fincorp Ltd

Citation: 2025 LiveLaw (Ker) 688

The Kerala High Court has observed that a litigant cannot use the constitutional remedy of writ petitions as an alternative to avoid approaching the Tribunal under the SARFAESI Act, which would require the payment of fees.

A Division Bench of the Kerala High Court comprising Justice Anil K. Narendran and Justice Muralee Krishna S was considering a writ petition challenging proceedings initiated by Hero Fincorp Ltd., a private Non-Banking Financial Company (NBFC) under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Citing SC Observation, Kerala High Court Refrains From Hearing Anticipatory Bail Plea Filed Directly Without Approaching Sessions Court

Case Title: Moosa Thiruvangoth v State of Kerala

Citation: 2025 LiveLaw (Ker) 689

The Kerala High Court has refused to entertain an anticipatory bail plea filed directly before it, without approaching the Sessions Court first.

In doing so, Justice K Babu cited the Supreme Court's observation in Mohammed Rasal C v. State of Kerala (2025), issuing notice to the Kerala High Court for "bypassing" the Sessions Court.

S.263 Income Tax Act Can Be Invoked When AO Fails To Address Core Issue In Assessment Order: Kerala High Court

Case Title: Sterling Farm Research and Services Pvt. Ltd. v. The Commissioner of Income Tax

Citation: 2025 LiveLaw (Ker) 690

The Kerala High Court held that Section 263 of the Income Tax Act, 1961, can be invoked where the Assessing Officer (AO) fails to address a core issue in the assessment order.

The division bench comprising Justice A Muhamed Mustaque and Justice Harisankar V Menon opined that the main issue does not appear to have been addressed by the assessing authority while issuing an order under Section 143(3) of the Act. Since the assessment order does not appear to have addressed the issue with reference to the competing provisions, exercise of the power under Section 263 of the Act was justified.

Limitation Period Begins To Run On The Date 'Continuous Breach' Of Contract Ceases: Kerala High Court

Case Title: V Chandran v Aliamma George

Citation: 2025 LiveLaw (Ker) 691

The Kerala High Court has said that under Section 55 of the Limitation Act where a contract is breached and if the breach is continuous, the limitation period begins to run from the date the breach ceases.

A division bench comprising Justice Sathish Ninan and Justice P Krishna Kumar, delivered the judgment in an appeal filed against a trial court order dismissing suit for damages for breach of contract.

Kerala High Court Dismisses Review Petition Against Body Donation Of Deceased CPI(M) Leader MM Lawrence

Case Title: Asha Lawrence v State of Kerala and Ors and connected matter

Citation: 2025 LiveLaw (Ker) 692

The Kerala High Court on Wednesday (October 29) dismissed a review petition filed by the daughters of deceased veteran CPI(M) leader M M Lawrence, against rejection of their appeal challenging an order permitting donation of their father's body.

The division bench comprising Chief Justice Nitin Jamdar and Justice S Manu delivered the judgment.

Kerala High Court Dismisses Plea To Cancel 'India Gate' Trademark; Says Only Delhi HC Has Jurisdiction Since Mark Was Registered At Delhi

Case Title: Pas Agro Foods v. KRBL Limited and Ors.

Citation: 2025 LiveLaw (Ker) 693

The Kerala High Court has recently dismissed a special jurisdiction case filed before it under the Trade Mark Act seeking to cancel the registered trade mark 'INDIA GATE' belonging to the 1st respondent KRBL Limited.

Justice M.A. Abdul Hakhim observed that the rectification petition filed by the petitioner under Section 57 of the Act was not maintainable before the Kerala High Court but before the Delhi High Court since the subject trade mark was registered at the Delhi Trade Marks Registry.

S.68F NDPS Act | Power To Seize Illegally Acquired Property Exercisable Only If 'Reason To Believe' Based On Cogent Materials: Kerala High Court

Case Title: Usman Kunju and Anr. v. State of Kerala and Anr.

Citation: 2025 LiveLaw (Ker) 694

The Kerala High Court recently held that the power of seizure under Section 68F of the Narcotics and Psychotropic Substances Act can be exercised by an officer only when there are cogent materials based on inquiry, investigation or survey leading to a reason to believe that the property was illegally acquired.

Justice V.G. Arun clarified that the 'reason to believe' should not be merely on assumptions.

2013 Adhithi Murder Case: Kerala High Court Sentences Father, Step-Mother To Life Imprisonment For 6-Yr-Old's Death

Case Title: State of Kerala v. Subramanian Namboothiri and Anr.

Citation: 2025 LiveLaw (Ker) 695

The Kerala High Court on Thursday (October 30) allowed the State's appeal and reversed the Sessions Court decision, which had found the father and step-mother of 5 ½ year old Adhithi Namboothiri to be not guilty of her murder.

The Sessions Court had sentenced the two accused persons only for the lesser offences under Sections 323 and 324 r/w Section 34 of the IPC and also under Section 23 of the Juvenile Justice Act.

Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar set aside the finding of acquittal by the Sessions Court for the offence under Section 302 IPC. The Court allowed the appeal and reversed the finding of acquittal for the offences under Section 300 IPC read with Section 34. It imposed life imprisonment for the offence and a fine of Rs. 2 lakhs.

Kerala High Court Sets Aside 2015 Judgment That Quashed Vigilance Case Against Office Bearers Of Kerala Cricket Association

Case Title: Harish V. v. T.C. Mathew and connected cases

Citation: 2025 LiveLaw (Ker) 696

The Kerala High Court on Friday (October 31) allowed the writ appeals preferred challenging a 2015 decision of the Single Bench, which had held that Kerala Cricket Association (KCA) is not a public office and therefore, vigilance cases cannot be preferred against its office bearers.

The Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian pronounced in open court:

"Allowed the writ appeals by setting aside the impugned judgment of the learned Single Judge and dismissing the writ petitions as devoid of merits."

Kerala High Court Upholds 2025 Court Fee Hike; Says It Is Correlated With Cost Of Justice Administration

Case title: Kerala High Court Advocates Association (KHCAA) v. State of Kerala & Others

Citation: 2025 LiveLaw (Ker) 697

The Kerala High Court on Friday (October 31) dismissed a Public Interest Litigation challenging the increase in Court Fees and imposition of Ad-Valorem fees without an upper limit, through an amendment in the Kerala Court Fees and Suit Valuation Act, 1959.

The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji delivering the judgment said,

"State legislature has the legislative competence to enact the impugned amending act…The revision of Court fee has not taken place in the State of Kerala for more than two decades...A broad correlation between collection of court fee and expenditure of administration of justice is all that is necessary. Mathematical exactitude not required…."

2025 Local Body Polls: Kerala High Court Directs Election Commission To Ensure Voter Comfort, Suggests Real-Time Queue App

Case Title: N M Taha v Kerala State Election Commission and Anr and connected case

Citation: 2025 LiveLaw (Ker) 698

The Kerala High Court has suggested the State Election Commission to develop a Mobile App to ensure that all voters, especially senior citizens and persons with disabilities, are able to cast their votes comfortably and without undue delay during the upcoming local body elections.

Justice P.V. Kunhikrishnan, delivered the judgment in a writ petition challenging the Election Commission's decision to cap the number of voters at 1,200 per polling booth in Panchayats and 1,500 in Municipalities.

Kerala High Court Acquits Assam Migrant Labourer Who Was Sentenced To Death In Rape-Murder Case Of 60 Yr Old

Case Title: Parimal Sahu and connected case

Citation: 2025 LiveLaw (Ker) 699

The Kerala High Court on Friday (October 31) acquitted Parimal Sahu, the migrant labourer from Assam, who was accused of the rape and murder of a 60-year-old widow in Puthanvelikkara Grama Panchayat in Ernakulam district in 2018.

The Division Bench comprising Dr. Justice Jayasankaran Nambiar and Justice Jobin Sebastian reversed the finding of guilt by the Additional Sessions Judge, North Paravur and refused to uphold the death sentence passed.

Kerala High Court Upholds Applicability Of TDS On Interest Paid By Primary Co-operative Societies To Members

Case Title: Vellangallur Peoples Welfare Co-operative Society Ltd. and Anr v Union of India and Ors. and connected case

Citation: 2025 LiveLaw (Ker) 700

The Kerala High Court has recently upheld the applicability of Tax Deducted at Source (TDS) on interest payments made by primary co-operative societies to their members.

Justice Ziyad Rahman A A, dismissed a batch of writ petitions filed by several co-operative banks and credit societies challenging the proviso to Section 194A (3) of the Income Tax Act 1961.

Other Important Developments This Week

Bharat Mata Portrait Row | Kerala University To Discuss Registrar's Suspension In Next Syndicate Meeting, High Court Told

Case Title: Adv. G Muraleedharan Pillai and Others v University of Kerala

Case No: WP(C) 35976/ 2025

The University of Kerala informed the High Court that the issue concerning the suspension of the Registrar will be included as an agenda item in the next meeting of the University Syndicate.

Justice V G Arun was considering a writ petition filed by syndicate members, seeking direction to convene syndicate meeting as directed by the Court in an earlier judgment, in connection with the Bharat Mata portrait row.

Ex-CM VS Achuthanandan's Son Unqualified For IHRD Directorship, Was Appointed Due To Political Clout: KTU Dean To Kerala High Court

Case Title: Dr. V.A. Arunkumar v. Dr. Vinu Thomas and Ors.

Case No: WA No. 1698/ 2025

Dean (Academics) of APJ Abdul Kalam Technical University Dr. Vinu Thomas has told the Kerala High Court that Dr. VA Arunkumar–son of late former Chief Minister VS Achuthanandan–is not qualified to be appointed as director of Institute of Human Resource Development (IHRD).

Thomas's counter affidavit was filed in an appeal moved by Dr. VA Arunkumar challenging the Single Judge's direction to the Registry to suo motu register a public interest litigation to look into his qualifications, which was later stayed by the Division Bench of the high Court in July after noting that Dr. Arunkumar was not heard by the Single Judge.

When the matter came up before a division bench of Justice Anil K. Narendran and Justice Muralee Krishna S., the appellant (Arunkumar) sought time to file a reply to Thomas's counter. Accordingly, the court granted three weeks time and interim stay was extended.

Kerala High Court Modifies Order To Trace Missing Kuwaiti Man, Directs State Police Chief To Constitute SIT

Case Title: Santon Lama v. State of Kerala and Ors.

Case No: WP (Crl) No. 1421/2025

The Kerala High Court on Monday (October 27) modified the interim order which directed the Commissioner of Police to constitute a Special Investigation Team to trace out Suraj Lama, who has been missing since October 5 after he arrived in Kochi from Kuwait.

The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha took up the matter at the request of the Government Pleader who requested that the directions be issued to the State Police Chief instead.

Kerala High Court Directs Administrative Committee Of Sree Padmanabhaswamy Temple To Submit Comprehensive Report On Repair Works

Case Title: R Rajasekharan Pillai v State of Kerala and Anr and connected matter

Case No: WP(C) 7039/ 2025 and connected matter

The Kerala High Court on Wednesday (29 October) directed the Administrative Committee of Sree Padmanabhaswamy Temple to submit a comprehensive report on the repair works being carried out in the temple.

The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha were considering a petition which alleged defects in Moolavigraha (principal idol) of Sree Padmanabhaswamy Temple.

GST Levy On Group Health Insurance Policies Challenged; Kerala High Court Grants Interim Relief To Union Bank Pensioners

Case Title : Vinod Mukundan and others v. Union of India and others

Case No: WP(C) NO. 36636/ 2025

The Kerala High Court has granted interim relief to retired employees of the Union Bank by allowing them to renew their group health insurance policies without paying the 18% Goods and Services Tax (GST) on the premium.

Justice Ziyad Rahman A A, passed the interim order in a writ petition filed by Vinod Mukundan and others, including the All India Union Bank Pensioners & Retirees Federation, challenging the levy of 18% GST on group health insurance policies.

Kerala High Court Directs State To Complete Steps For Tabling Anti-Ragging Amendment Bill Within Four Weeks

Case Title: Kerala State Legal Service Authority v. Government of Kerala and Others

Case No: WP(C) No. 8600 of 2025

The Kerala High Court on Thursday (October 30) asked the State government to complete within four weeks, all steps to be fulfilled before tabling the Anti-Ragging Amendment Bill before the State legislature.

The Special Bench of Chief Justice Nitin Jamdar and Justice C. Jayachandran gave the direction in a PIL moved by KeLSA (Kerala State Legal Service Authority), seeking stronger laws to combat the menace of ragging within educational institutions.

Now RSS Office Bearer Opposes Haal Movie Before Kerala High Court, Says Organisation Depicted As 'Riotous, Thuggish'

Case Title: Juby Thomas and Anr. v. Union of India and Ors.

Case No: WP(C) No. 37251/2025

An office bearer of the Rashtriya Swayamsevak Sangh (RSS) has moved the Kerala High Court opposing Shane Nigam starrer 'Haal' over alleged "degraded" portrayal of the organisation in the film.

Justice V.G. Arun allowed the impleading petition and adjourned the matter for a detailed hearing.

'Unbelievable That Vehicles Stop On Top Of Zebra Crossing': Kerala High Court Urges State To Take Concrete Action For Pedestrian Safety

Case Title: District Insurance Officer v Joy Wilson

Case No: MACA 352/ 2022

The Kerala High Court has called for urgent, concrete measures to improve pedestrian safety across the State, observing that mere reports and studies are not sufficient to make public spaces “pedestrian safe and pedestrian worthy.”

Justice Devan Ramachandran was considering a matter concerning road safety and zebra crossing.

Kerala High Court Directs Swift Action To Create Posts In Forensic Labs, Institutionalise Anti-Drug Groups In Schools

Case Title: Sumi Joseph v. The Chief Secretary and Connected cases

Case No: W.P.(C) No. 23505 of 2023 and Connected cases

The Kerala High Court on Thursday (October 30) called for swift administrative action on the creation of additional scientific officer posts in the State Forensic Science Laboratory and the institutionalisation of anti-drug awareness groups within educational institutions.

The Special Bench of Chief Justice Nitin Jamdar and Justice C Jayachandran was considering a batch of petitions addressing various issues relating to drug menace in the State.

Creative Freedom Must Be Balanced, CBFC Failed Logic: 'Haal' Filmmakers Tell Kerala High Court Over 'A' Certification, Cuts

Case Title: Juby Thomas and Anr. v. Union of India and Ors.

Case No: WP(C) No. 37251/2025

The Kerala High Court on Friday (October 31) partly heard arguments in the plea filed by producer and director of the Shane-Nigam starrer movie 'Haal', where they challenge the 'A' certification granted and CBFC's suggestions to cut certain scenes.

While arguing the case before Justice V.G. Arun, the senior counsel representing the petitioners stated that there are hundreds of films in India that depict police officers as corrupt and raping women. He further argued that the question to be considered is whether the scenes go with the whole theme of the movie.