Kerala High Court
'She's A Heroine Fighting For Justice; Why Can't Her Name Be 'Janaki'?' : Kerala High Court On CBFC's Objection To Suresh Gopi's Film
The Kerala High Court has once again questioned CBFC's objection to the use of name 'Janaki', another name for Hindu goddess Sita, in Suresh Gopi starrer 'JSK – Janaki v/s State of Kerala'.Noting that the protagonist, named Janaki, is a victim of sexual assault seeking justice in Court of law, Justice N. Nagaresh orally observed,“She is not a rapist. If a rapist is named as Rama, Krishna, Janaki, then I can understand. At least we can appreciate that you should not name that character with God's...
S.223 BNSS | Cognizance Without Hearing Accused? Kerala High Court Defers Appearance Of Revenue Official Before Trial Court In PMLA Case
The Kerala High Court has issued an interim order exempting former Revenue Divisional Officer Saji John and his wife Bindhu Saji from appearing before the CBI/ ED Court in Ernakulam in connection with a money laundering case, till July 03.The direction was passed on the duo's plea against summons, allegedly issued without giving them an opportunity of hearing in terms of Section 223(1) of BNSS.The provision prescribes that a Magistrate shall not take cognizance of an offence on a complaint...
Goods Confiscated U/S 130 Of GST Act Can Be Released During Pendency Of Appeal If Not Auctioned: Kerala High Court
The Kerala High Court has stated that goods confiscated under Section 130 GST Act can be released during pendency of appeal if not yet auctioned. Justice Ziyad Rahman A.A. was addressing the case where the grievance of the assessee/petitioner is against confiscation order passed by the Enforcement Officer/2nd respondent, under Section 130 of the GST...
Kerala High Court Weekly Round-Up: June 23 –29, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 354 - 370]All Kerala Akshaya Entrepreneurs Confederation v. State of Kerala & Ors., 2025 LiveLaw (Ker) 354Prasath C. v. State of Kerala & Anr., 2025 LiveLaw (Ker) 355K. Ramachandran v. Gopi & Anr., 2025 LiveLaw (Ker) 356Kerala Private Hospital Association and Another v State of Kerala and Others & Connected Cases, 2025 LiveLaw...
Will Can Be Proved By Establishing That Signatures Of Executant, Witness Are In Their Handwritings If Attesting Witness Is Dead: Kerala HC
The Kerala High Court has clarified the procedure to be followed for providing proof of execution of documents required by law to be attested, including wills. According to the Court, Section 68 of the Evidence Act lays down the mode to be followed. Section 69 provides an alternative procedure when Section 68 cannot be resorted to.The judgment was passed by a Division Bench comprising...
Kerala High Court Initiates Suo Motu PIL To Inquire If Ex-CM VS Achuthanandan's Son Got IHRD's Directorship Due To Political Influence
The Kerala High Court on Friday (27th June) directed the Registry to register a suo motu case to look into whether Dr. V. A. Arun Kumar, who is the current Director of Institute of Human Resource Development (IHRD) got into the position due to his political connection. Dr. VA Arun Kumar is the son of former Chief Minister V. S. Achuthanandan. For context, Institute of Human Resources...
Assessment Based On DVO's Valuation Cannot Be Revised U/S 263 Of Income Tax Act In Absence Of Concrete Material: Kerala High Court
The Kerala High Court held that assessment based on DVO's (Department Valuation Officer) valuation cannot be revised under Section 263 of Income Tax Act in absence of concrete material. Justices A.K. Jayasankaran Nambiar and P.M. Manoj observed that “as on the date of invoking his power under Section 263 of the IT Act, the Commissioner could not have had a 'reason to believe' that...
'Not In Best Interest Of Education': Kerala High Court Expresses Concern Over 12 Varsities Functioning Without Regular Vice-Chancellor
The Kerala High Court expressed concern over the fact that 12 out of 13 Universities in the State having the Governor as the Chancellor, are functioning without a regular Vice-Chancellor. The Court while saying that this might be due to the disagreement between the members of the Senate and the Chancellor, opined that this was not in the best interest of the higher education.A division bench...
S.245C Income Tax Act Does Not Require Prior Cut-Off Date, Pending S.153A/153C Notice Sufficient For Settlement Application: Kerala HC
The Kerala High Court stated that Section 245C of Income Tax Act does not require prior cut-off date; pending 153A/153C notice sufficient for settlement application. Justices A.K. Jayasankaran Nambiar and P.M. Manoj opined that “when Section 245C does not prescribe any prior cut-off date for an assessee to satisfy the requirements for filing an application before the Interim Board...
'Decalcified Fish Scale' Import Covered Under Advance Authorisation Scheme; Customs Cannot Deny Benefit: Kerala High Court
The Kerala High Court stated that 'decalcified fish scale' import covered under advance authorization scheme; customs cannot deny benefit. The advance authorization scheme enables duty free import of inputs/raw materials required for manufacture of export goods. Justices A.K. Jayasankaran Nambiar and P.M. Manoj observed that during the period subsequent to the period covered by...
Criticizing Judiciary On Social Media Without Full Knowledge Of Issue Erodes Public Faith In Institution: Justice PB Suresh In Farewell Speech
Justice P. B. Suresh Kumar, who is set to retire from the Kerala High Court on June 30 expressed his concern over social media posts or comments criticizing the judiciary, judges or judgments without giving context or without having knowledge of the issue. The Judge observed that many at times these comments are made based on assumptions without even a basic understanding of law. The...
Unregistered Sale Agreements Are Admissible As Evidence In Suits For Specific Performance: Kerala High Court
The Kerala High Court has held that an unregistered agreement for sale, which is a compulsory registrable document, can be considered as evidence to prove a contract in a suit for specific performance.The Division Bench consisting of Justice Satish Ninan and P. Krishna Kumar has clarified the position of law as regards the admissibility of unregistered documents as evidence in suits for...