453 Kerala High Court judgments explained in plain English: what was decided, the law applied and why it matters. Page 17 of 19.
The Kerala High Court holds that making an interim injunction absolute without affording hearing violates natural justice, setting a clear procedural standard for civil courts.
Kerala High Court dismisses petition to condone 514-day delay in challenging ex parte award, holding that false claims of non-receipt nullify any claim of sufficient cause.
The Kerala High Court dismisses a review petition for attempting to re-litigate costs imposed for filing frivolous Section 8 petitions, reinforcing procedural discipline in litigation.
Kerala High Court clarifies that under Section 47(1)(b) of the Consumer Protection Act 2019, revision petition is the proper remedy against interim orders, not appeal.
Kerala High Court upholds preventive detention under PITNDPS Act even when detenu is in judicial custody, provided the triple test from Kamarunnissa is satisfied.
Kerala High Court holds that municipal authorities must conduct a fair hearing before evicting long-term street vendors under the Street Vendors Act, 2014, affirming procedural fairness.
Kerala High Court quashes voyeurism charges under Section 354C IPC, holding that no offence is made out without proof of private act or reasonable expectation of privacy.
Kerala High Court holds that desertion under Hindu Marriage Act is proven even without precise commencement date if consistent incidents and conduct establish abandonment.
Kerala High Court holds that authorities must decide temporary permit applications afresh, without being influenced by prior rejected orders, ensuring procedural fairness under the Motor Vehicles Act.
Kerala High Court quashes criminal proceedings after parties settled non-heinous offences under Bharatiya Nyaya Sanhita, affirming inherent powers to prevent abuse of process.
Kerala High Court holds that a partnership firm's name change does not affect standing to prosecute under Section 138 NI Act; presumption of liability stands unless rebutted by credible evidence.
Kerala High Court holds that terminal benefits and pension income alone cannot disqualify a family from compassionate appointment if genuine indigence exists.
Kerala High Court upholds conviction under Section 138 NI Act, holding partners liable for dishonoured cheques issued by their firm. Key principles on vicarious liability and evidentiary standards clarified.
Kerala High Court quashes preliminary order under Section 111 Cr.P.C. for failing to state substance of information, reinforcing procedural safeguards against arbitrary detention.
Kerala High Court clarifies transit bail jurisdiction under Bharatiya Nagarik Suraksha Sanhita, 2023, allowing temporary protection for accused facing inter-state arrest.
Kerala High Court holds insurers liable only for permitted passengers in overloaded vehicles, directing proportional payout of highest award and recovery from owner.
Kerala High Court dismisses writ petition seeking FIR registration in family dispute over degree certificate, reaffirming that CrPC remedies must be exhausted first.
Kerala High Court clarifies when writ appeals lie against interim orders passed under Article 226, even if petitions invoke Article 227 jurisdiction. Key principles for SARFAESI Act proceedings.
Kerala High Court upholds conviction under Sections 324 and 326 IPC, affirming that concurrent findings on witness credibility cannot be overturned in revision unless patently unreasonable.
Kerala High Court grants pre-arrest bail in POCSO case, holding that delay and family disputes may weaken prosecution's case despite gravity of offence.
Kerala High Court holds that oral agreements extending limitation period for specific performance can be considered at trial, overturning plaint rejection under Order VII Rule 11 CPC.
Kerala High Court dismisses pre-arrest bail application under Section 482 BNSS, holding custodial interrogation necessary for serious offences with prima facie evidence.
Kerala High Court holds that non-disclosure of prior ultrasound scan for kidney stones in cancer policy application amounts to fraudulent suppression under Section 45 of Insurance Act, 1938.
Kerala High Court reaffirms that writ petitions under Article 226 against SARFAESI Act proceedings are maintainable only in exceptional circumstances, directing aggrieved parties to Debts Recovery Tribunal.