Kerala High Court Case Commentaries

Chancellor’s Wide Discretion in Interim Vice-Chancellor “Arrangements” under §10(19) of the Kerala University Act – Age & Qualification Caps Held Inapplicable

Date: Jun 30, 2025

Chancellor’s Wide Discretion in Interim Vice-Chancellor “Arrangements” under §10(19) of the Kerala University Act – Age & Qualification Caps Held Inapplicable 1. Introduction The Kerala High Court’s...

Finality of DVO Valuation and the Boundaries of Section 263 Revision – Commentary on The Principal Commissioner of Income-Tax v. Ayyappa Roller Flour Mills Ltd. (2025 KER 43849)

Date: Jun 20, 2025

Finality of DVO Valuation and the Boundaries of Section 263 Revision – Commentary on Principal CIT v. Ayyappa Roller Flour Mills Ltd. (2025 KER 43849) 1. Introduction The Kerala High Court’s judgment...

Exhaustion of Administrative Remedies Before Writ Petition: TGN Kumar v. State of Kerala (2025)

Date: May 31, 2025

Exhaustion of Administrative Remedies Before Writ Petition: TGN Kumar v. State of Kerala (2025) Introduction The judgment in TGN Kumar v. State of Kerala Rep. by the Chief Secretary (2025 KER 37965)...

Mixed-Offence Complaints & Section 198 CrPC: Kerala High Court Confirms Police Investigative Power and Defines Rape by Fraudulent Marriage – Commentary on Santhosh Kumar N.P. v. State of Kerala (2025)

Date: May 22, 2025

Mixed-Offence Complaints & Section 198 CrPC: Kerala High Court Confirms Police Investigative Power and Defines Rape by Fraudulent Marriage – A Detailed Commentary on Santhosh Kumar N.P. v. State of...

Judicial Mandate for Expeditious Administrative Action in Public Interest Litigation

Date: Apr 26, 2025

Judicial Mandate for Expeditious Administrative Action in Public Interest Litigation 1. Introduction This case arises out of W.P.(PIL) No. 30 of 2025, filed by Dr. E. Sreedharan—a 92-year-old...

FIR Registration after Vigilance Preliminary Enquiry Excludes Officers from Promotion Select Lists under KS&SSR Note (i)

Date: Apr 18, 2025

FIR Registration after Vigilance Preliminary Enquiry Excludes Officers from Promotion Select Lists under KS&SSR Note (i) Introduction This commentary examines the Kerala High Court’s April 11, 2025...

Reclassification of Compensation Interest as Capital Gains: A New Precedent under the Income Tax Act

Date: Apr 16, 2025

Reclassification of Compensation Interest as Capital Gains: A New Precedent under the Income Tax Act Introduction The recent judgment in the consolidated Income Tax Appeals of Shri. Anvar Ali...

New Precedent on Appellate Discretion: Overruling Acquittals in Light of Material Evidence

Date: Apr 12, 2025

New Precedent on Appellate Discretion: Overruling Acquittals in Light of Material Evidence Introduction The recent judgment in the case of STATE OF KERALA v. RISHIKESH, delivered by the Kerala High...

Judicial Condemnation of Lawyer Boycotts: Reinforcing Court Decorum and Uninterrupted Justice

Date: Apr 12, 2025

Judicial Condemnation of Lawyer Boycotts: Reinforcing Court Decorum and Uninterrupted Justice Introduction The judgment in the matter of JIMMY ELIAS v. SMT. ELIZABETH JASMINE issued by the Kerala...

Principle of Fair Invocation of Bank Guarantees by State Instrumentalities Pending Arbitration

Date: Apr 12, 2025

Principle of Fair Invocation of Bank Guarantees by State Instrumentalities Pending Arbitration 1. Introduction This commentary examines the Kerala High Court’s decision in Flemingo (DFS) Private...

Judicial Recalibration of Premature Release Criteria: A Paradigm Shift in Reformation and Rehabilitation

Date: Apr 9, 2025

Judicial Recalibration of Premature Release Criteria: A Paradigm Shift in Reformation and Rehabilitation Introduction The judgment in Balu v. State of Kerala delivered by the Kerala High Court on...

Mandatory Merits-Based Adjudication in CGST Appeals: Overruling Default Dismissals

Date: Apr 9, 2025

Mandatory Merits-Based Adjudication in CGST Appeals: Overruling Default Dismissals Introduction This judgment, delivered by the Kerala High Court on April 8, 2025, in the case of ST. ANTONY TRADING...

Balancing National Security and Fundamental Rights: A New Precedent on Bail under Section 43-D of UAPA

Date: Apr 3, 2025

Balancing National Security and Fundamental Rights: A New Precedent on Bail under Section 43-D of UAPA Introduction The Kerala High Court delivered its judgment in the consolidated Criminal Appeals –...

Inclusion of Co-opted Members as Elected Members: An Extended Tenure Under Rule 32

Date: Apr 3, 2025

Inclusion of Co-opted Members as Elected Members: An Extended Tenure Under Rule 32 Introduction The case of AISHA P v. BAR COUNCIL OF INDIA before the Kerala High Court represents a critical juncture...

Threshold for Complaint Acceptance in Corruption Cases: Facts vs. Suspicion

Date: Mar 29, 2025

Threshold for Complaint Acceptance in Corruption Cases: Facts vs. Suspicion Introduction This commentary examines the judgment rendered by the Kerala High Court in Dr. Mathew A. Kuzhalnadan v....

Mandatory Compliance and Monitoring Mechanism for Scholarships to Students with Disabilities

Date: Mar 29, 2025

Mandatory Compliance and Monitoring Mechanism for Scholarships to Students with Disabilities Introduction This commentary examines the landmark judgment in Martin Paul v. State of Kerala delivered by...

Safeguarding Advocates' Professional Privilege: A New Precedent from AJIKUMAR K.K v. THE STATE OF KERALA

Date: Mar 28, 2025

Safeguarding Advocates' Professional Privilege: A New Precedent from AJIKUMAR K.K v. THE STATE OF KERALA Introduction The judgment in AJIKUMAR K.K v. THE STATE OF KERALA delivered by the Kerala High...

Reaffirming Statutory Exclusivity: Limiting Article 227 in Arbitrational Challenges

Date: Mar 27, 2025

Reaffirming Statutory Exclusivity: Limiting Article 227 in Arbitrational Challenges Introduction The case of M.I. Mohammed v. M/S. HLL LIFE CARE LTD. before the Kerala High Court, delivered on March...

PMLA Section 3 as a Continuing Offence and Non‑Retrospective Operation – A.K. Samsuddin v. Union of India

Date: Mar 27, 2025

PMLA Section 3 as a Continuing Offence and Non‑Retrospective Operation 1. Introduction A.K. Samsuddin and several other petitioners challenged criminal proceedings under Section 3 of the Prevention...

Denial of Conjugal Rights on Grounds of Superstitious Beliefs Constitutes Mental Cruelty under Section 13(1)(ia) HMA

Date: Mar 25, 2025

Denial of Conjugal Rights on Grounds of Superstitious Beliefs Constitutes Mental Cruelty under Section 13(1)(ia) of the Hindu Marriage Act Introduction In Arun K.R. v. Arunima T.S. (Mat.A.No.1037 of...