
The Kerala High Court held that the inherent powers of a High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita cannot be invoked to quash a conviction and sentence under Section 138 of the Negotiable Instruments Act once the revision is finally decided.
The petition was filed by a company and its Managing Director, who settled the cheque dishonour dispute after their conviction and dismissal of the appeal.
Distinguishing earlier precedents, the Court ruled that inherent powers cannot be exercised at the post-revisional stage to reopen concluded proceedings.
Dismissing the plea, the Court observed that the petitioners may explore other remedies available in law.
[Fifa Builders Pvt. Ltd. & Anr. v State of Kerala & Anr.]
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Accused jeweller Roddam Govardhan has approached the Kerala High Court seeking bail in the Sabarimala gold theft case, denying any role in the alleged misappropriation of temple gold.
Govardhan claimed that the Special Investigation Team forcibly seized gold from him despite his cooperation and asserted that he had already returned the gold to the Travancore Devaswom Board in 2019.
Arrested on December 19, he alleged that the coercive action caused him unlawful pecuniary loss.
The High Court has sought instructions from the prosecution and listed the matter for further hearing on December 30.
[Roddam Pandurangaiah Naga Govardhan v. State of Kerala]
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The Kerala High Court has held that the levy of service tax on access to amusement facilities is unconstitutional, as the activity falls exclusively within the State’s taxing domain.
The Court said that the entire activity falls within the State’s exclusive taxing power under Entry 62 of List II of the Constitution, which covers taxes on entertainments and amusements.
It observed that once the activity is squarely classifiable as entertainment, the Union cannot impose service tax on the same transaction. Such a levy, the Court said, amounts to encroachment upon the State’s legislative field and violates the constitutional scheme governing distribution of taxing powers.
Accordingly, the service tax demand was struck down.
[Amusement Facility Operator v. UOI]
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The Kerala Government informed the Kerala High Court that at least 45 additional days are required to finalise the Kerala Prohibition of Ragging (Amendment) Bill, 2025.
The State said the draft Bill has been vetted by the Law Department and is awaiting approval of the Chief Minister before being placed before the Council of Ministers and subsequently the State Assembly.
The submission was made during the hearing of a PIL filed by the Kerala State Legal Services Authority seeking stricter anti-ragging measures.
Taking note of the status, the High Court listed the matter for further consideration on January 6, 2026.
[Kerala State Legal Service Authority v. Government of Kerala & Ors.]
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The Kerala Judicial Officers’ Association has approached the Kerala High Court seeking action against personal attacks on Ernakulam Principal District and Sessions Court Judge Honey M Varghese after she delivered the verdict in the 2017 actress assault case.
The association alleged that sections of the media, public figures, and social media users targeted the judge personally instead of engaging with the reasoning of the judgment.
It pointed to the publication of the judge’s photograph and the circulation of videos attributing improper motives to her.
Terming such acts criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971, the association urged the High Court to initiate appropriate proceedings and direct removal of defamatory content.
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The Kerala High Court has permitted the Pamba Boat Race Club, Neerattupuram, to conduct its annual boat race on December 28, 2025, after the event was unable to be held on the originally scheduled date due to a clash with a Champions Boat League race.
The Court held that the reason for postponement was valid and noted adequate police availability after the Mandala Vilakku season.
Directing the District Collector to grant the necessary permission, the Court also ordered that adequate police deployment be provided, with the costs to be borne by the organisers.
[Pamba Boat Race Club Neerattupuram & Anr. v. State of Kerala & Ors.]
7 days ago
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The Kerala High Court flagged a rising trend of poorly drafted, allegedly AI-generated writ petitions seeking the de-freezing of bank accounts, often lacking basic facts and allegedly filed using forged documents.
Cautioning against the misuse of writ jurisdiction in cyber fraud cases, the Court directed that the local Station House Officer must be mandatorily impleaded in all such petitions before numbering.
The direction aims to ensure proper scrutiny, prevent fraudulent filings, and help courts distinguish between innocent account holders and cybercrime perpetrators.
[Blue Star Aluminium & Door House v. Federal Bank and Anr.]
9 days ago
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The Kerala High Court held that a presumption of valid remarriage between a Muslim woman and her ex-husband can be presumed under Section 125 CrPC only if the dissolution of her intervening marriage is proved.
The Court clarified that mere long cohabitation cannot give rise to a presumption of marriage where a legal obstacle exists, such as the subsistence of a prior marriage.
Since the woman failed to prove dissolution of her second marriage, the presumption of remarriage could not arise.
However, noting that she deserved an opportunity to adduce evidence, the Court remanded the matter to the Family Court for fresh consideration after allowing both parties to lead further evidence.
[V.P. Abdurahiman v. C. Safiya]
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The Kerala High Court has flagged the growing filing of AI-generated writ petitions in matters relating to financial cyber fraud and de-freezing of bank accounts.
The Court observed that such petitions often lack basic material facts and that advocates are unable to answer judicial queries based on the pleadings.
The Court noted that many petitions merely claim absence of involvement in cyber fraud without disclosing details of the alleged genuine transactions or the petitioner’s business.
Noting the misuse of judicial jurisdiction, the Court directed that the Station House Officer of the petitioner’s local police station be impleaded in all writ petitions seeking de-freezing of bank accounts before numbering, to assist the Court in forming a prima facie view.
[Blue Star Aluminium & Door House v. The Federal Bank Ltd & Anr.]
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The Ernakulam Sessions Court sentenced six convicts in the 2017 Kerala actor rape case to 20 years rigorous imprisonment for gang rape (IPC 376D) and criminal conspiracy (IPC 120B).
The court directed ₹5 lakh compensation to the survivor, stressing the grave violation of dignity while noting mitigating factors like age and lack of prior criminal record.
All sentences will run concurrently, with trial custody set off.
Additional punishments and fines were imposed, including IT Act offences against the prime accused.
[State of Kerala v. Sunil NS @ Pulsar Suni]
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The Kerala High Court, while hearing a review petition, sought updated status reports on the removal of unauthorised boards, banners, and election-related materials across the State.
Justice Devan Ramachandran asked the SEC, District Officers, and LSGI Secretaries to file detailed reports on compliance with the Court’s earlier directions declaring such installations illegal and liable to penal action.
The Court noted difficulties faced on the ground, including threats to Panchayat Secretaries, and directed full support from police and public authorities. It clarified that no organisation including political, cultural, or commercial, is exempt from its earlier directions.
The matter will be considered further after court vacation.
[Rahul K.T. v. St. Stephen's Malankara Catholic Church]
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The Supreme Court has stayed the Kerala High Court’s declaration that the Munambam land in Ernakulam district is not waqf property and directed that the status quo be maintained until January 27, 2026.
The interim direction came while issuing notice on a plea by the Kerala Waqf Samrakshana Vedhi, which argued that the High Court exceeded its remit by ruling on the nature of the land despite the issue being pending before the Waqf Tribunal.
The Court clarified that although the declaration is stayed, the inquiry commission headed by Justice CN Ramachandran Nair may continue its investigation.
The petitioners argued that the High Court exceeded its jurisdiction by deciding the waqf status despite the issue being pending before the Waqf Tribunal.
[Kerala Waqf Samrakshana Vedhi (Registered) v. State of Kerala]
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A Kerala court acquitted actor Dileep in the 2017 actress assault case while convicting Pulsar Suni and five others for the abduction and sexual assault.
The Court concerns the incident where the survivor was forcibly taken in a moving vehicle and assaulted, with the act recorded on video.
After examining the evidence, the Court held that the prosecution had proved the charges against the first six accused but had not established conspiracy or involvement of Dileep and three others.
Sentencing for the convicted accused will be pronounced on December 12.
[State of Kerala v. Sunil NS @ Pulsar Suni]
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The Kerala HC upheld a preventive detention order under the PIT-NDPS Act issued against a detenu involved in drug-trafficking offences.
The Court was dealing with a challenge based on the absence of an express finding that the detenu was “likely to be released on bail,” delay in issuing the order, and the availability of bail-cancellation proceedings.
It held that the authority’s satisfaction could be inferred from the order, which noted his custody, antecedents, high propensity to resume trafficking and that even conditional bail would not restrain him. The Court also rejected the delay argument and clarified that preventive detention need not wait for bail cancellation.
The writ petition was dismissed.
[Raju K K v. State of Kerala]
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The Kerala High Court stayed the arrest of Congress MLA Rahul Mamkootathil in a rape case registered by the Nemom Police.
The Court granted him interim protection while considering his anticipatory bail plea after the Thiruvananthapuram Sessions Court rejected his earlier application.
The FIR arose from a written complaint submitted to Chief Minister Pinarayi Vijayan, alleging rape, forced miscarriage, criminal intimidation, and breach of trust, along with offences under the Information Technology Act.
Mamkootathil contended that the relationship was consensual and claimed the allegations are politically motivated.
The matter is scheduled to be heard next on December 15, 2025.
[Rahul BR v. State of Kerala]
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