Weekly Roundup (Jun 30 - Jul 06, 2025)
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State of Kerala v. Falcon Infrastructures Ltd.
Interpretation of Statutes -- Conservation of Paddy Land and Wetland Act 2008 (Kerala), S.10 -- Land Reforms Act 1963 (Kerala), S.81(3) -- 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.
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Noormida v. State of Kerala
Penal Code 1860, S.304A -- Criminal negligence occurs when there is gross and culpable neglect or failure to exercise the required care and precaution to guard against injury, either to the public generally or to an individual in particular, which, having regard to all the circumstances, was the imperative duty of the accused person to have adopted.
2025 (4) KLT 8 : 2025 KLT OnLine 2140
Suo Motu Writ Petition Initiated by the High Court v. State of Kerala
Environment (Protection) Act 1986, S.23 -- Plastic Waste Management Rules 2016 -- Constitution of India, Art.47, Art.48A & Art.51A(g) -- Use and sale of single use plastics including plastic food containers, plastic plates, plastic cups, plastic straws, plastic sachets, plastic bakery boxes are banned in the hilly tourist areas of the State that are specified -- Ban shall not apply to 5 litre plastic water bottles and 2 litre plastic soft drinks bottles.
2025 (4) KLT 15 : 2025 KLT OnLine 2150
Raphy v. State of Kerala
Prevention of Food Adulteration Act 1954, S.10(7) – There must be positive evidence to prove that the Food Inspector made earnest efforts to associate with independent witnesses in the process of taking samples and in the absence of such evidence, the entire trial would be vitiated as provisions of Section 10(7) are mandatory.
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Hussain v. State of Kerala
Registration of Marriages (Common) Rules 2008 (Kerala), Rr.11 & 13 -- The enquiry envisaged under Rule 11 is summary in nature -- The Registrar is not empowered to conduct a comprehensive enquiry regarding the validity of the marriage or the competence of the parties to get married at the time of considering the memorandum.
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Navin Scariah v. Priya Abraham
Family Law – Custody of child -- Husband and wife can never be divorced as parents - - Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife.
2025 (4) KLT 24 : 2025 KLT OnLine 2139
Dr. Satheeshsankarannamboothiri v. State of Kerala
Conservation of Paddy Land and Wetland Act 2008 (Kerala) -- Conservation of Paddy Land and Wetland Rules 2008 (Kerala), R.4(4d) & 4(4f) – Civil P.C. 1908, O.XXVI & S.75 – If the authorised officer does not directly inspect the property but calls for the satellite data, then it is incumbent upon him to accord due weightage to the imagery - - In the absence of any other reliable or corroborative material, the findings derived from the satellite images have to be treated as substantial evidence and cannot be disregarded without cogent justification.
2025 (4) KLT 28 : 2025 KLT OnLine 2156
Rajimon K. Jacob v. State of Kerala
Minor Mineral Concession Rules 2015 (Kerala), Rr.33 & 8 -- The statutory licenses to be obtained from other departments concerned, are not liable to be considered while disposing an application for a Letter of Intent.
2025 (4) KLT 31 : 2025 KLT OnLine 2152
Resmi S. Palan v. Kerala Public Service Commission
Service -- Deemed thrown out candidate -- Appointment -- Circular No. 34/2022 Dt.7.12.2022 -- When a candidate was not given appointment for want of vacancies despite a valid advice, he should be treated as a deemed thrown out candidate and re-registration has to be given to such candidate.
2025 (4) KLT 35 : 2025 KLT OnLine 2143
Rajalakshmy Rajagopal v. Leela Kidavu
Specific Relief Act 1963, S.20 – Right to seek specific performance of agreement need not be observed in an agreement of sale.
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IBS Software Services Private Ltd. v. Union of India
Interpretation of Statutes – Income Tax Act 1961, S.144C – An amended provision becomes an integral part of the statute and it cannot be considered and interpreted in isolation, detached from the other provisions of the statute.
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Lalitha v. State of Kerala
Scheduled Castes and Scheduled Tribes Regulation of Issue of Community Certificates Act 1996 (Kerala), S.11 – A caste certificate is personal to the individual and ceases to have relevance upon their death; no other person can avail the benefits of a caste certificate issued in the name of a deceased employee.
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Hakkim v. State of Kerala
Bharatiya Nagarik Suraksha Sanhita 2023, S.483 -- Narcotic Drugs and Psychotropic Substances Act 1985, Ss. 20(b)(ii)(C), 25, 27A, 67 & 37 -- After the final report is filed, the prosecution cannot rely upon the statement of the accused under Section 67 of NDPS Act as the sole material to connect an accused with the crime -- There must be some other incriminating material to connect the accused with the crime.
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Ria Thomas v. Tata Realty and Infrastructure Ltd.
Consumer Protection Act 2019, Ss. 38 & 49 -- Consumer Protection (Consumer Disputes Redressal Commissions) Rules 2020, R. 12( 4) & 12( 9) -- The only meaning that could be assigned to the words ‘with such modification as may be necessary’, is that, the procedure contemplated under Section 38 should be implemented, with such modification as are necessary to implement the same for all practical purposes, when such procedure being adopted by the State Commission.
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Prasath v. State of Kerala
Police Manual (Kerala), Para.265 -- Constitution of India, Art.19 & Art.21 -- The Kerala Police Manual is only a set of guidelines, governing the members of the force and does not fall within the meaning of statute.
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Ison George v. State of Kerala
Building Tax Act 1975 (Kerala), S.5A – Constitution of India, Sch.VII List II Entry 62 – The mere fact that Entry 62 of List II in the 7th Schedule to the Constitution of India had been amended to take away the field of ‘taxes on luxuries’ from the ambit of legislative competence of the State Legislature did not necessarily follow that the levy of tax under Section 5A of the Kerala Building Tax Act was unconstitutional.
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St. Mary’s English Medium School v. State of Kerala
Right of Children to Free and Compulsory Education Act 2009, Ss.18 & 19 -- When the Schedule contemplates a building to have a playground, it means it should have a playground of sufficient area in which sports can be played.
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Jasmin Shaji v. State of Kerala
Prisons and Correctional Services (Management) Act 2010 (Kerala), S.42 -- Prisons and Correctional Services (Management) Rules 2014 (Kerala), R.339(2) -- Constitution of India, Art.226 & Art.21 -- Emergency parole for the convict sentenced to death -- It is the duty of the constitutional court to see that the fundamental needs and basic rights of a prisoner is protected till the sentence is finally executed.
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Saneer v. State of Kerala Represented by Sub Inspector of Police
Criminal P.C. 1973, S.233 -- Narcotic Drugs and Psychotropic Substances Act 1985, S.22(c) -- The accused is facing a charge u/S.22(c) of the NDPS Act, which exposes him to a minimum sentence of 10 years and a minimum fine of ₹1 lakh -- Therefore, it was incumbent on the part of the trial Court to ensure that the proceedings also demonstrate that a fair chance was given to the accused to adduce evidence in defence, if any.
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George Alexander v. State of Kerala
Criminal P.C. 1973, S.321 -- Bharatiya Nagarik Suraksha Sanhita 2023, S.360 -- The statutory responsibility to decide upon withdrawal rests with the Public Prosecutor and no one else -- Neither the accused nor the victim has a say in it.
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Vadakara Muncipality v. Municipal Nikuthi Dayaka Samithi
Municipality Act 1994 (Kerala), Chap.XIV & S.509(7) -- Appeal under Section 509(7) of the Municipality Act is not maintainable against a resolution adopted by the Municipal Council with respect to matters included in Chapter XIV of the Act.
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Aathika Mariyam Bindu Nowfal v. University of Kerala
Education -- Equivalence Certificate -- The Equivalence Certificate granted by the Association of Indian Universities is sufficient for the qualification for admission to a bachelor’s degree.
Saji Varghese v. State of Kerala
Criminal P.C. 1973, S.482 -- The court exercising power under section 482 could not conduct mini-trial by evaluating evidence, when the accused has certain contentions to be addressed after evaluating the evidence, and the same cannot be addressed at the pre-trial stage and since the prosecution allegations are made out prima facie, contention raised by the petitioner, raising plea of innocence, is a matter to be considered by the trial court on evidence.
Dr. Vinu Thomas v. State of Kerala
Natural Justice -- Disciplinary Proceedings -- Employee's right to get copies of documents relied on by the Disciplinary authority -- The principle of natural justice would demand that delinquent employee must be supplied with all the documents which are being relied on by the Disciplinary Authority in support of the charges -- Not allowing to take digital copy of the relied on documents which are relevant for preparing the defence is totally against the law and in violation of the principles of natural justice.
Subash v. State of Kerala
Penal Code 1860, S.452 --- Doing an act by entering into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or remaining in any building, tent or vessel used as a human dwelling or any building used as a place of worship, after criminally trespassing upon the same is said to commit the offence of house trespass, punishable under section 452 of IPC.
Korambayil Hospital and Diagnostics Centre (P) Ltd. v. State of Kerala
Minimum Wages Act 1948, S.2(e) -- Workmen employed through contractor would also come within the purview of the Act.
Kerala Institute of Medical Science (KIMS) v. State of Kerala
Constitution of India, Art.20(3) – Criminal P.C. 1973,S.61 – Self incrimination means conveying information based upon the personal knowledge of the person giving the information and cannot include the mechanical process of producing documents in court which may throw a light on the points in controversy.
James v. State of Kerala
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, Ss.7 & 8 – Constitution of India, Arts.300A, 21 & 14 – The procedural provisions contained in Sections 7 and 8 of the 2013 Act are intended to be strictly and scrupulously adhered to with a view to safeguard the constitutional guarantee against an arbitrary deprivation of the property rights of a citizen.
James Antony Alosious v. Revenue Divisional Officer
Conservation of Paddy Land and Wetland Rules, 2008(Kerala), R.4(5) -- Since the Local Level Monitoring Committee is the sole authority to include a property in the data bank, the Revenue Divisional Officer is not empowered to direct the LLMC to include a property especially when the Revenue Divisional Officer is the authority empowered as per the Kerala Conservation of Paddy Land and Wetland Act, 2008 to consider the application seeking removal of land from the data bank.
Godwin R. Thattil v. District Collector
Conservation of Paddy Land and Wetland Rules 2008, R.12(1), 12(6) & 12(7) -- It is only when the extent of unnotified land exceeds one hectare, the RDO is obliged to inspect the land in the presence of the Agricultural Officer and Village Officer -- For land below 20.2 Ares, the RDO is required to only rely on the Village Officer’s report.
Conservation of Paddy Land and Wetland Rules 2008, Form 6 -- Conservation of Paddy Land and Wetland Act 2008 -- The RDO deviated from the procedure contemplated under the Rules and directly inspected the property, and formed an opinion regarding the nature and character of the property, which was unwarranted and beyond the scope of the enquiry envisaged under the Act and the Rules.
Conservation of Paddy Land and Wetland Rules 2008, Form 5 & Form 6 -- Conservation of Paddy Land and Wetland Act 2008 -- On passing of order on Form 5 Application the RDO became functus officio.
Indian Medical Association (Cherthala Br) v. National Highway Authority of India
Land Assignment Rules 1964 (Kerala), Rr.2(b), 2(c), 9, 9(2), 9(6A), 13 & 24 -- Government Land Assignment Act, 1960(Kerala), Ss.2(2)(a), 2(2)(b), 3 & 3(1) – Only for the reason that the patta has been issued with conditions, it cannot be held that the assignee has no title over the subject land.
Faris v. State of Kerala
Cinemas Regulation Act 1958 (Kerala) -- Local Authorities Entertainments Tax Act, 1961(Kerala), Ss.3C & 6(4) – Licencees are bound under the provisions of the Entertainments Tax Act to remit cess collected under S.3C till the preceding month to seek renewal of the licence under the Kerala Cinemas (Regulation) Act.
Cinemas Regulation Act 1958 (Kerala) -- Local Authorities Entertainments Tax Act, 1961(Kerala), Ss.3C, 3C(2), 3C(3), 3C(4), 3C(5) & 6(4) – In case of failure to comply with the duty to collect the cess and pay the same to the Board within the time limit, the Secretary and President or Chairperson as the case may be become personally liable.
Centaur Pharmaceuticals Pvt. Ltd. v. Ajith Kumar
Minimum Wages Act 1948, S.20(1) Second Proviso & 20(2) Second Proviso -- In a claim made under a beneficial legislation the word “sufficient cause” should receive a liberal construction so as to advance substantial justice.
Xavier Raj v. State of Kerala
Criminal P.C. 1973, S.227 -- Bharatiya Nagarik Suraksha Sanhita 2023, Ss.250, 438 & 442 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, S.14A -- An order passed in a discharge petition is not an interlocutory order, and it is an intermediate order -- In such case, an appeal is maintainable under Section 14A of the Act, 1989.
Nixon v. City Police Commissioner, Kochi
Constitution of India Art.226 – Request for removal of name from surveillance list/Rowdy History list – It cannot be said that a criminal will always be a criminal and a rowdy will always be a rowdy -- If the person is coming with a genuine claim that he is on the reformative pathway, the court cannot ignore the same.
Aneesh v. State of Kerala
Constitution of India Art.142 -- Criminal P.C. 1973, Ss.320 & 482 -- Powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offence on the conscious of the society; (ii) Seriousness of the injury, if any; (iii) Voluntary nature of compromise between the Accused and the victim; & (iv) Conduct of the Accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.
Susan John v. State of Kerala
Negotiable Instruments Act 1881, S.138 -- Criminal P.C. 1973, S.386(b)(iii) -- While entertaining an appeal from a conviction, the appellate court, though entitled to alter the finding and nature and extent of the sentence, cannot enhance the sentence.
Sajudheen v. Sub Inspector of Police
Penal Code 1860, S.498A Expln.(a) & (b) -- Not every instance of harassment and ill-treatment amounts to cruelty -- Only those acts that fall within the 1st and the 2nd limb of the explanation to Section 498-A, defining cruelty, would qualify as acts of cruelty for the purpose of Section 498-A of IPC.
Manoj v. Kattappana Municipality
Municipality Act 1994 (Kerala), S.447(6) – Information Technology Act, 2000, Ss.4, 6 & 6A -- In view of the implementation of the K-smart portal and the provisions of the IT Act, the petitioner cannot insist on being served with the rejection order in the physical form – Communication through K-smart portal is sufficient compliance with Section 447(6) of the Act.
Sreemon v. State of Kerala
Headload Workers Rules, 1981(Kerala), R.26C(1) -- When a union is entitled to prefer an appeal, the District Committee, is also entitled to prefer an appeal.
Headload Workers Rules, 1981(Kerala), R.26A – Order does not describe the nature/details of enquiry – Not sustainable.
Sameer Ibrahim v. State of Kerala
Bharatiya Nagarik Suraksha Sanhita 2023, S.482 -- Bharatiya Nyaya Sanhita 2023, S.64(1) – Courts must be cautious when two young people enter into a willing physical relationship and later rape is attributed to their union -- Refusing bail blindly in such cases, without considering the circumstances, can lead to injustice and destroy the young personality.
Bharatiya Nagarik Suraksha Sanhita 2023, S.482 -- Bharatiya Nyaya Sanhita 2023, S.64(1) -- Merely because a consensual relationship turned sour at a later point of time, it cannot be a reason to allege rape -- There cannot be a case of deceitfully obtaining consent under a false promise of marriage as the de facto complainant is still in a subsisting marriage.
Ranjith Pannackal v. State of Kerala
Penal Code, 1860, S.120B -- Prevention of Corruption Act 1988, Ss.11, 12, 13(2), 13(1)(a) 13(1)(d) & 14 -- The offences under the Prevention of Corruption Act r/w Section 120B of IPC can be tried by the Special Court alone.
Kumaran v. State of Kerala
Penal Code 1860, S.326 – If the instrument used to cause grievous hurt is an instrument for shooting, stabbing or cutting (such as a gun, knife, sword, etc.), it is not necessary to prove that such an instrument is likely to cause death -- The prosecution needs to establish that the weapon used for causing grievous hurt is likely to cause death only in a case of ‘any instrument’ which falls under the second category.
Penal Code 1860, Ss.320,323 & 326 -- Before a conviction under Section 326 of IPC can be passed, one of the injuries in Section 320 of IPC must be strictly proved.
Abdul Gafoor v. State of Kerala
Constitution of India Art.226 – Education Rules 1959, Chap.XIII R.5 – Disciplinary proceedings – Acquittal from criminal proceedings – Effect of -- An acquittal in a criminal case, even if based on the victim and witness turning hostile, does not automatically preclude or necessitate the dismissal of concurrent or subsequent disciplinary proceedings concerning the same underlying conduct -- An acquittal in a criminal case does not necessarily mean that the accused is innocent or that the alleged misconduct did not occur.
Constitution of India, Art.226 -- Education Rules 1959 (Kerala), Chap.XIII R.5 -- Disciplinary proceedings -- Acquittal from criminal proceedings -- Effect of -- Even if a person is acquitted on a criminal trial, the same would not necessarily lead to discharge in the domestic enquiry.
Trained Nurses Association of India v. Returning Officer, Kerala Nurses and Midwives Council
Nurses and Midwives Act 1953 (T.C.), S.6 -- The question of disqualification of membership in the Council would arise only after a candidate is elected to the Council, whereas eligibility to contest in election should be satisfied before a candidate becomes member of the Council.
Nurses and Midwives Act 1953 (T.C.), Ss.6 & 3 -- Once the Returning Officer scrutinises the nomination papers and publishes the list of candidates, those candidates cannot be declared as ineligible otherwise than by due process of law.
Christopher Joseph v. State of Kerala
Constitution of India, Art.226 -- When the accused violated bail conditions, warranting cancellation of bail, but the Investigating Officer did not act on the same, the complainant is at liberty to move an appropriate application before the Court .
Constitution of India, Art.226 -- When the accused violated bail conditions, warranting cancellation of bail, but the Investigating Officer did not act on the same, the complainant is at liberty to move an appropriate application before the Court.
Thrissur Corporation v. Sangeetha Hotels
Municipality (Property Tax, Service Cess and Surcharge) Rules 2011 (Kerala), R.4(4) -- Constitution of India, Art.265 & Art.243X -- Requirement of publication of tax -- A breach of the publication requirement under the Rules effectively rendered the statutory exercise of fixing the rate of tax incomplete.
Municipality (Property Tax, Service Cess and Surcharge) Rules 2011 (Kerala), R.4(4) -- The provisions of Rule 4(4) in relation to publication is mandatory and not directory.
Shahina v. State of Kerala
Bharatiya Nagarik Suraksha Sanhita 2023,S.483 -- Narcotic Drugs and Psychotropic Substances Act 1985, S. 37 – Whether grounds of arrest to be communicated to the accused – Under the NDPS Act, unlike in other statutes, the very possession of a narcotic drug itself, that too in intermediate and commercial quantities, would constitute a ‘ground of arrest’ -- In such instances, the requirement for arrest stems from possession and it need not be just to prevent further offences or to ensure proper investigation or presence in court or to prevent tampering with evidence.
Bharatiya Nagarik Suraksha Sanhita 2023, S.483 – Narcotic Drugs and Psychotropic Substances Act 1985, S.37 – The period of custody has no bearing in the matter of bail in a case involving commercial quantities of drugs under the NDPS Act.
XXXXXXXXXX v. State of Kerala
Juvenile Justice (Care and Protection of Children) Act 2015, Ss.82, 2(24) & 2(21) -- The conduct of a teacher caning a student, within reasonable and justifiable limits, so as to inflict minimal punishment for the purpose of disciplining and reforming a child, cannot constitute an offence under Section 82 of the J.J. Act.
Bharatiya Nyaya Sanhita 2023, S.130 -- Juvenile Justice (Care and Protection of Children) Act 2015, S.75 -- If a gesture is shown to the child, so as to create an apprehension of use of criminal force against the child, it may be an offence in terms of Section 130 of the BNS -- However, to constitute an offence under Section 75 of the J.J. Act, it should also be established that, such gesture was 'unnecessary'.
Vineesh v. State of Kerala
Bharatiya Nagarik Suraksha Sanhita 2023, S.528 -- Criminal P.C. 1973, S.482 --- When the prosecution records and the subsequent proceedings in the form of reliable materials are available for scrutiny, while exercising power under Section 482 of the Cr.P.C. or under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the High Court should address as to whether any offence made out prima facie warrants trial so as to ensure that the proceedings are mere abuse of process of court.
Sudha v. State of Kerala
Criminal P.C. 1973, S.197 -- It can never be said that a police officer acts or purports to act in discharge of his official duty when he inflicts custodial torture on an arrestee -- Nor can it be said that inflicting unjustified custodial torture is reasonably and intrinsically connected with the discharge of, or purported discharge of, the official duty of the police officer concerned to avail the protection of Section 197 of Cr.P.C.
Sini v. State of Kerala
Constitution of India, Art.16 -- Service – Reservation -- Selection process – A reservation cannot be claimed based on fortuitous circumstances, and if at the time of notification the reservation cannot be claimed, it cannot be claimed subsequently.