Cheque Dishonour Notice Must Specify Amount Demanded, Else No Valid Notice In Eye Of Law: Kerala High Court

The Kerala High Court has held that a statutory demand notice issued in a cheque dishonour case must specifically mention the amount demanded, failing which there would be no legal notice in the eye of law. “Only when the notice is specific about the amount, it is possible for the recipient of the notice to pay the amount which was specifically asked for to avoid penal consequences,” the Court observed. Justice A Badharudeen made the observation while dismissing an appeal filed against the...

Technical Glitch Could Have Misled Bidder; Kerala High Court Directs Central Bank To Refund Auction Deposit

The Kerala High Court has upheld a direction requiring the Central Bank of India to refund money deposited by an auction participant after finding that an admitted technical glitch could have led her to believe that her bid had not been accepted. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order while partly allowing an appeal filed by the Bank against a Single Judge's decision directing a refund of the amount deposited by the auction participant and...

Disputes On Corporate Restructuring Must Be Decided by NCLT, Not Arbitrator: Kerala High Court

On 1 June 2026, the Kerala High Court held that disputes involving corporate restructuring and division of company assets fall within the exclusive jurisdiction of the National Company Law Tribunal (NCLT) and are non-arbitrable. A Single Judge Bench of Justice Easwaran S allowed the petition challenging an arbitral ruling that had rejected a jurisdictional objection under Section 16 of the Arbitration and Conciliation Act, 1996. He observed: “Albeit, this Courts finds that the dispute before...

Partner Cannot Claim Deduction On Interest Paid For Capital Invested In Firm: Kerala High Court

The Kerala High Court on 20 May held that a partner cannot claim deduction under Section 36(1)(iii) of the Income Tax Act for interest paid on funds borrowed and contributed as capital to a partnership firm, since the borrowed capital was not used for the partner's own business. A Division Bench of Justices Devan Ramachandran and Basant Balaji dismissed the appeal filed by Alice Arun Thomas and upheld the order of the Income Tax Appellate Tribunal (ITAT), Cochin Bench. It held: "The provisions...

Kerala High Court Holds Section 16(5) Overrides Section 16(4), Bars ITC Denial For Delayed Returns

The Kerala High Court on 19 May held that authorities cannot deny Input Tax Credit (ITC) to a registered taxpayer merely on the ground of delayed filing of returns under Section 16(4) of the CGST Act, where the taxpayer satisfies the conditions prescribed under Section 16(5), a subsequent relaxation provision. Justice Ziyad Rahman A.A. allowed a writ petition filed by We Match and quashed the assessment order passed under Section 73 of the CGST Act, which had disallowed ITC claims for the...

Kerala High Court Reserves Verdict On CMRL's Appeal Challenging ED Probe, Orders Status Quo Till June 5

The Kerala High Court on Monday reserved judgment on an appeal filed by Cochin Minerals and Rutile Limited (CMRL) challenging Enforcement Directorate summons issued in a money laundering probe linked to payments allegedly made to Exalogic Solutions Pvt Ltd, a company owned by Veena Vijayan, daughter of former Kerala Chief Minister Pinarayi Vijayan.The Court directed the ED to maintain the status quo and not precipitate any proceedings against the appellants until June 5, when it is scheduled to...

CMRL Moves Division Bench Against Kerala HC Order Refusing To Quash ED Summons In Exalogic Case

An appeal has been filed before the Kerala High Court against a Single Judge's refusal to quash the Enforcement Directorate's money laundering probe linked to alleged payments of ₹1.72 crore made by Cochin Minerals and Rutile Limited (CMRL) to Veena Vijayan, daughter of former Kerala Chief Minister Pinarayi Vijayan, and her company, Exalogic Solutions Pvt Ltd. The appeal also challenges summons issued by the ED to CMRL officials. The appeal challenges Justice T.R. Ravi's May 26 judgment...

Section 9 Of Arbitration Act Limited To Interim Protection, Not Merits: Kerala High Court

The Kerala High Court on 26 May held that courts exercising jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996 cannot adjudicate the merits of the underlying dispute while granting interim protection pending arbitration, as their power is confined to preserving the subject matter and granting protective relief. Justice S. Manu allowed the appeal and set aside the order passed by the Vacation Court, holding that it had exceeded the limits of Section 9 jurisdiction by...

Winding Up Of Company Will Not Automatically Stay Arbitral Proceedings Against Promoters: Kerala High Court

The Kerala High Court has held that a company's winding up does not automatically halt arbitral proceedings or shield its promoters from contractual obligations undertaken in their personal capacity. Justice T.R. Ravi held, “Sections 278 and 279 of the Companies Act can have operation only with regard to claims against the Company and a winding up order will not automatically operate as a stay of further proceedings before the Arbitrator. ” It added, "The petitioner sought to place reliance on...

Kerala HC Upholds ED Summons In Probe Linked To Payments To Ex-Kerala Chief Minister's Daughter's Company

The Kerala High Court has declined to interfere with summons issued by the Enforcement Directorate to officials of Cochin Minerals and Rutile Limited in a money laundering investigation linked to payments allegedly made to Veena Vijayan, daughter of former Kerala Chief Minister Pinarayi Vijayan, and her company, Exalogic Solutions Pvt Ltd. Justice T.R. Ravi dismissed a petition filed by Cochin Minerals and its officers challenging an Enforcement Case Information Report (ECIR) registered by the...

Cheque Bounce Conviction Cannot Be Reversed In Revision Over POA Pleading Defect: Kerala High Court

The Kerala High Court on 18 May 2026 held that a conviction in a cheque dishonour case under Section 138 of the NI Act, cannot be set aside at the revision stage merely on the ground that the complaint was filed through a power-of-attorney holder without an averment as to the attorney's personal knowledge of the transaction, unless the accused shows that the defect caused prejudice or resulted in a failure of justice.Justice G Girish noted that in the present case, the Chief Judicial Magistrate...

Byju's Insolvency: Kerala High Court Strikes Off Voizzit Suit Over US Assets

The Kerala High Court on Thursday struck off a suit by Voizzit entities claiming rights over assets of BYJU'S US subsidiaries, holding that the proceedings were barred by the insolvency moratorium against BYJU'S parent Think & Learn Pvt. Ltd. Justice Easwaran S. passed the order on a petition filed by Claudia Z. Springer, the Chapter 11 Trustee appointed by the United States Bankruptcy Court for the District of Delaware in bankruptcy proceedings concerning BYJU'S US subsidiaries,...