Kerala High Court Case Commentaries

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...

State’s Obligation to Compensate Wrongfully Convicted: Recognition of Compensation for Miscarriage of Justice under Article 21

Date: Mar 20, 2025

State’s Obligation to Compensate Wrongfully Convicted: Recognition of Compensation for Miscarriage of Justice under Article 21 Introduction This commentary examines the landmark judgment delivered by...

Entitlement to Higher Pension on Actual Wages: A New Precedent in EPF Remittance Cases

Date: Feb 25, 2025

Entitlement to Higher Pension on Actual Wages: A New Precedent in EPF Remittance Cases Introduction The judgment in the case of Gopinathan Pillai.M v. Union of India (UOI) delivered by the Kerala...

Uniform Incorporation of Mediation Settlement Terms into Judicial Orders: A New Paradigm

Date: Feb 5, 2025

Uniform Incorporation of Mediation Settlement Terms into Judicial Orders: A New Paradigm Introduction This commentary examines the Kerala High Court’s judgment dated February 4, 2025, in the case...

Clarifying Reporting Obligations under the POCSO Act: No Penal Liability for Subsequent Medical Practitioners

Date: Feb 5, 2025

Clarifying Reporting Obligations under the POCSO Act: No Penal Liability for Subsequent Medical Practitioners Introduction The judgment in DR. V.K. SULOCHANA v. STATE OF KERALA, delivered by the...

Pioneering Mandate for Safe Reconstruction: Judicial Oversight in the AWHO Housing Dispute

Date: Feb 4, 2025

Pioneering Mandate for Safe Reconstruction: Judicial Oversight in the AWHO Housing Dispute Introduction The present judgment, delivered by Justice Mohammed Nias C.P. of the Kerala High Court on...

Clarification on the Standards for Establishing Cruelty and Desertion in Matrimonial Disputes

Date: Feb 4, 2025

Clarification on the Standards for Establishing Cruelty and Desertion in Matrimonial Disputes Introduction This commentary examines the Kerala High Court’s decision in the Matrimonial Appeal number...

Online Certification of Foreign Marriages: A New Avenue under the Foreign Marriage Act

Date: Feb 1, 2025

Online Certification of Foreign Marriages: A New Avenue under the Foreign Marriage Act Introduction The Judgment in VIPIN P G v. STATE OF KERALA (Kerala High Court, 31 January 2025) addresses a...

New Precedent: Mandatory Integrity in Selection Committee Reconstitution

Date: Jan 31, 2025

New Precedent: Mandatory Integrity in Selection Committee Reconstitution Introduction The recent judgment in DR. K.B BINDU v. THE KANNUR UNIVERSITY delivered by the Kerala High Court on January 30,...

Legible Documentation in Detention Orders: Ensuring Procedural Integrity under the KAA(P) Act

Date: Jan 31, 2025

Legible Documentation in Detention Orders: Ensuring Procedural Integrity under the KAA(P) Act Introduction The Kerala High Court’s judgment in Sneha Vijayan v. State of Kerala represents a seminal...

Balancing Natural Justice and Administrative Discipline: A New Precedent on Procedural Irregularities

Date: Jan 30, 2025

Balancing Natural Justice and Administrative Discipline: A New Precedent on Procedural Irregularities Introduction The judgment in P.N. SAJI (Former Senior Grade Assistant) v. Kerala Public Service...

Biju Abraham v. State of Kerala: Establishing Reliable Evidence in Modesty Offence Cases and Proportional Sentencing

Date: Jan 30, 2025

Biju Abraham v. State of Kerala: Establishing Reliable Evidence in Modesty Offence Cases and Proportional Sentencing Introduction The judgment in Biju Abraham v. State of Kerala delivered on January...

Reaffirming the Appealability of Interim Orders Affecting Substantial Rights in Writ Petitions

Date: Jan 30, 2025

Reaffirming the Appealability of Interim Orders Affecting Substantial Rights in Writ Petitions Introduction The judgment in STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY v. PRADEEPKUMAR A.V....

UNNEEN v. SHOUKATHALI: Reinforcing the Legal Imperative of Filial Duty and Parental Maintenance

Date: Jan 29, 2025

UNNEEN v. SHOUKATHALI: Reinforcing the Legal Imperative of Filial Duty and Parental Maintenance Introduction The Kerala High Court’s judgment in the matter of UNNEEN v. SHOUKATHALI establishes an...

Reaffirming Procedural Integrity in Community Certification: Overruling Fraud Allegations in Non-Creamy Layer Certificate Cancellation

Date: Jan 28, 2025

Reaffirming Procedural Integrity in Community Certification: Overruling Fraud Allegations in Non-Creamy Layer Certificate Cancellation Introduction The case of Vishwa Hindu Pareeshath Vibhagh...

Bank Deposits as Attachable Property: Broadening the Scope under Section 281B

Date: Jan 28, 2025

Bank Deposits as Attachable Property: Broadening the Scope under Section 281B Introduction The judgment in ASSISTANT COMMISSIONER OF INCOME TAX v. MOHAMMED SALIH delivered by the Kerala High Court on...

Retention of Conditional Attachments Amid Digital Evidence Disputes: A New Precedent

Date: Jan 28, 2025

Retention of Conditional Attachments Amid Digital Evidence Disputes: A New Precedent Introduction The judgment in the case of M.G. SREEJITH v. M/S MSS HOSPITAL AND NURSING COLLEGE PVT. LTD delivered...

Temporary Employment Does Not Preclude Maintenance: A Landmark Decision in Jayaprakash E.P v. Sheney P

Date: Jan 28, 2025

Temporary Employment Does Not Preclude Maintenance: A Landmark Decision in Jayaprakash E.P v. Sheney P Introduction The Kerala High Court on January 27, 2025, delivered a comprehensive judgment in...

Defining the Five-Year Conviction Threshold under Section 6(2)(e) of the Passports Act, 1967

Date: Jan 25, 2025

Defining the Five-Year Conviction Threshold under Section 6(2)(e) of the Passports Act, 1967 Introduction In the case of ABDUL AZEEZ K.P. v. THE REGIONAL PASSPORT OFFICER, KOZHIKODE, a senior...

Ensuring Transparency and Fairness in Organ Transplantation: A Landmark Precedent on Reasoned Authorisation Committee Decisions

Date: Jan 25, 2025

Ensuring Transparency and Fairness in Organ Transplantation: A Landmark Precedent on Reasoned Authorisation Committee Decisions Introduction The judgment in ISMAIL KUNJU M v. STATE OF KERALA...