Kerala High Court Judgments / Orders between 16 June 2025 and 21 June 2025
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 262 – Code of Criminal Procedure, 1973 – Section 239 – Framing of Charge – When accused shall be discharged. [A. Badharudeen; J., K.T. Gangadharan v. State of Kerala, Crl.R.P. No. 95 of 2025; 17-06-2025]
Code of Civil Procedure, 1908 – Order VIII Rules 5, 9 & 10 – Evidence Act, 1872 – Section 103 – Sale Agreement – Advance Amount – Plea of Discharge – Replication – Burden of Proof – Specific Performance – In the instant case, since the Suit is one for return of advance amount and the defendants only raised the plea of discharge, there is no scope for filing any additional pleading and as such non-filing of replication cannot be taken as admission of the plea of discharge. [C. Pratheep Kumar; J., Sasikala v. Anzil, R.F.A. No. 519 of 2017; 16-06-2025]
Conservation of Paddy Land and Wetland Act, 2008 (Kerala) – Section 10 – Land Reforms Act, 1963 (Kerala), S. 81 (3) – Interpretation of Statutes – Statutory provisions under different State enactments have to be read harmoniously so that the provisions of one statute are not invoked to defeat the rights/privileges obtained by a citizen under the other. [Dr. A.K. Jayasankaran Nambiar; P.M. Manoj, JJ., State of Kerala v. Falcon Infrastructures, W.A No. 1691 of 2023; 17-06-2025]
Constitution of India – Articles 19 and 21 – Police Act (Kerala) – Section 117(e) – Police Surveillance – Domiciliary Visits – Right to Privacy – Whether police have the authority to conduct domiciliary visits at night as part of surveillance of history sheeters, and whether refusal to comply with such directions constitutes an offence under Section 117(e). Held, domiciliary visits at night violate the right to privacy and personal liberty under Articles 19 and 21. The Kerala Police Manual permits only “informal watching” or “close watch” of history sheeters, not night visits. Directions to step out at midnight are not “lawful” under Section 39 of the Kerala Police Act, rendering Section 117(e) inapplicable. Privacy is intrinsic to dignity and cannot be infringed without legal justification. [V.G. Arun; J., Prasath C. v. State of Kerala, Crl. M.C. No. 3751 of 2025; 19-06-2025]
Education Act, 1958 (Kerala) – Equivalency Certificate – State Eligibility Test (SET) – Master’s Degree from IGNOU – University Grants Commission (UGC) – National Education Policy – Government Order G.O.(Ms) No. 272/2018/HEDN – No equivalency certificate can be insisted upon for degrees from UGC-recognized national institutions like IGNOU, IITs, NITs, IISc, or IISERs. [D.K. Singh; J., Harisankar S. v. State of Kerala, W.P. (C) 15672 of 2025; 17-06-2025]
Environmental Law – Plastic Pollution – Ban on Single Use Plastics – Constitutional Duty to Protect Environment – Implementation of Plastic Waste Management Rules, 2016. [Bechu Kurian Thomas & Gopinath P.; JJ., Suo Motu v. State of Kerala, W.P. (C) No. 7844 of 2023, 17-0602025]
Evidence Act, 1872 – Section 6 – The term ‘transaction” used in Section 6 must be interpreted broadly and flexibly to encompass not merely a single act, but the entire sequence of closely connected acts that collectively constitute the occurrence. [P.B. Suresh Kumar & Jobin Sebastian, JJ., Biju Molla v. State of Kerala, Crl.A. No. 333 of 2024; 18-06-2025]
Family Law – Custody Dispute – Contempt of Court – Child’s Welfare – Parental Responsibilities – Special Needs Child – The parents must find peace with each other and be involved with the child’s progress together as partners. They may be divorced as husband and wife, but they can never be divorced as parents. Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife. [Devan Ramachandran; M.B. Snehalatha, JJ., Navin Scariah v. Priya Abraham, Con. Case (C) No. 1261/2025; 17-06-2025]
Income Tax Act, 1961 – Section 144C(13) – Time Limit for Assessment Order – Mandatory Compliance – Assessment Orders Issued Beyond Prescribed Time Limit – Validity – Dispute Resolution Panel (DRP) Directions – Binding Nature – Non-Adherence to Time Limit Vitiates Proceedings – Fast-Track Dispute Resolution Mechanism – Legislative Intent – Machinery vs. Substantive Provision – Writ Petitions Allowed – Assessment Orders Set Aside. [S. Manu; J, Ibs Software Services v. Union of India, W.P. (C) No. 9520 of 2014; 16-06-2025]
Income Tax Act, 1961 – In the case of an assessee who was served with a notice under Section 153A or Section 153C, he could approach the Settlement Commission with an application for settlement, at any time after the receipt of the said notice but before the completion of the assessment. [Dr. A.K. Jayasankaran Nambiar & P.M. Manoj; JJ., Union of India v. Aayana Charitable Trust, W.A. No. 2042 of 2024; 20-06-2025]
Negotiable Instruments Act, 1881 – Section 138 – Payee – Holder in Due Course – Competence to File Complaint – Firm as Complainant – Authorised Representative – Dishonour of Cheque. [A. Badharudeen; J., K. Ramachandran v. Gopi, Crl.A. No. 968 of 2007; 16-06-2025]
Penal Code, 1860 – Sections 337, 338, 304A – Motor Vehicles Act, 1988 – Section 3 r/w Section 181 – Rash and Negligent Driving – Conviction and Sentence – Appeal – Validity of Driving Licence – Mechanical Defect of Vehicle – Evidence of Injured Witness and Independent Witnesses – Modification of Sentence. [A. Badharudeen; J., Robinson v. State of Kerala, Crl.A. No. 76 of 2012; 19-06-2025]
Penal Code, 1860 – Sections 376D and 302 r/w Section 34 – Conviction and Sentence Set Aside – Acquittal – Unreliable Testimony of Approver – Lack of Corroborative Evidence – Failure to Conduct DNA Analysis – Suppression of Forensic Evidence. [Raja Vijayaraghavan V, K.V. Jayakumar; JJ., Viswanathan v. State of Kerala, Crl.A. No. 532 of 2020, 17-06-2025]
Right to Education Act, 2009 – Sections 18, 19 – Kerala Right of Children to Free and Compulsory Education Rules, 2011 – Rule 6 – Recognition of School – Rejection of Application for Classes I to IV – Insufficient Playground – Proximity of 15 Government-Aided Schools within 5 km – Validity of Rejection Order. [D.K. Singh., St. Mary’s English Medium School v. State of Kerala, W.P. (C) 5401 of 2025; 16-06-2025]
Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act, 1996 (Kerala) – Section 11 – Cancellation of Caste Certificate – Procedure – Retiral Benefits – Fraudulent Certificate – Judicial Review. [Sushrut Arvind Dharmadhikari; Syam Kumar V.M., JJ., Lalitha P.K. v. State of Kerala, W.A. No. 67 of 2019; 16-06-2025]
Specific Relief Act, 1963 – Specific Performance of Sale Agreement – Readiness and Willingness – Time as Essence of Contract – Termination of Agreement – Maintainability of Suit – In case the agreement was terminated by the seller, there should be a prayer for declaration that the termination of the agreement for sale is bad in law, or that it does not bind the plaintiff and in the absence of such a prayer, the suit filed for specific performance will not be maintainable. [C. Pratheep Kumar; J., Vimala Sneham v. Babu Joseph, R.F.A. No. 725 of 2008, 17-06-2025]
Tort – Damages – Elephant Attack – Liability of Insurer – Impleadment after Limitation Period – Application of Limitation Act, 1963, Section 21 – Order I Rule 10(5) CPC. [C. Pratheep Kumar; J., Kuttankulangara Devaswom v. C.P. Raghava Pisharadi, R.F.A. No. 61 of 2017; 18-06-2025]
