Kerala High Court holds that “pre-deposit cannot exceed the very subject matter of the appeal” — Court clarifies that fixation of pre-deposit under SARFAESI must reflect judicial reasoning and cannot become an onerous barrier to appellate review
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Kerala High Court holds that “pre-deposit cannot exceed the very subject matter of the appeal” — Court clarifies that fixation of pre-deposit under SARFAESI must reflect judicial reasoning and cannot become an onerous barrier to appellate review

Court’s decision The Kerala High Court set aside the pre-deposit condition imposed by the appellate authority under the SARFAESI Act, holding that the direction to deposit 40% of the debt…
November 12, 2025
Kerala High Court holds that “mere criticism of the Government, even if unpalatable, cannot trigger criminal prosecution” — Court quashes charges under IPC and Kerala Police Act for a social media post and reinforces constitutional protection of free speech
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Kerala High Court holds that “mere criticism of the Government, even if unpalatable, cannot trigger criminal prosecution” — Court quashes charges under IPC and Kerala Police Act for a social media post and reinforces constitutional protection of free speech

Court's decision The Kerala High Court delivered a decisive ruling reaffirming constitutional free-speech protections, holding that a citizen cannot be prosecuted merely for expressing criticism of the Government through a…
November 12, 2025
Kerala High Court declares that “an arbitration clause giving exclusive power to one party to appoint the arbitrator is legally invalid” — Court holds that unilateral appointment clauses violate neutrality and reinforces judicial duty to ensure fair arbitral processes
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Kerala High Court declares that “an arbitration clause giving exclusive power to one party to appoint the arbitrator is legally invalid” — Court holds that unilateral appointment clauses violate neutrality and reinforces judicial duty to ensure fair arbitral processes

Court's decision The Kerala High Court held that an arbitration agreement that empowers only one contracting party to appoint the arbitrator is unenforceable as it violates the fundamental requirement of…
November 12, 2025
Kerala High Court holds that “a minor daughter’s right to maintenance supersedes the employee’s exemption under Section 60(1)(g) CPC” — Court restores attachment proceedings over retiral benefits to secure the child’s educational and living needs
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Kerala High Court holds that “a minor daughter’s right to maintenance supersedes the employee’s exemption under Section 60(1)(g) CPC” — Court restores attachment proceedings over retiral benefits to secure the child’s educational and living needs

Court's decision The Kerala High Court delivered a significant ruling on the scope of attachment of retiral benefits, holding that the exemption under Section 60(1)(g) CPC cannot override a minor…
November 11, 2025
Kerala High Court holds that “a son cannot escape liability to maintain his aged mother merely because he is married” — Court upholds maintenance under Section 144 BNSS, emphasising that filial duty is an independent legal obligation
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Kerala High Court holds that “a son cannot escape liability to maintain his aged mother merely because he is married” — Court upholds maintenance under Section 144 BNSS, emphasising that filial duty is an independent legal obligation

Court’s decision The Kerala High Court dismissed the revision petition filed by the Petitioner challenging the Family Court’s order granting monthly maintenance to the Respondent, his elderly mother, under Section…
November 11, 2025
Kerala High Court holds that “a show-cause notice is only a preliminary step and judicial interference is unwarranted at this stage” — Court refuses to quash benami proceedings and directs petitioners to present their defence before authorities
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Kerala High Court holds that “a show-cause notice is only a preliminary step and judicial interference is unwarranted at this stage” — Court refuses to quash benami proceedings and directs petitioners to present their defence before authorities

Court’s decision The Kerala High Court dismissed a writ petition challenging show-cause notices issued under Section 24(1) of the Prohibition of Benami Property Transactions Act, 1988. The Petitioner, an assessee…
November 11, 2025
Kerala High Court declares that “unexplained delay in producing contraband strikes at the root of prosecution” — Court acquits accused after finding fatal lapses in NDPS procedures and holds that benefit of doubt must operate where integrity of seized material is compromised
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Kerala High Court declares that “unexplained delay in producing contraband strikes at the root of prosecution” — Court acquits accused after finding fatal lapses in NDPS procedures and holds that benefit of doubt must operate where integrity of seized material is compromised

Court's decision The Kerala High Court set aside the conviction of the Appellant under the NDPS Act after finding that the prosecution failed to explain a critical and prolonged delay…
November 10, 2025