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,...

Kerala HC Refers Malabar Group Companies' Dispute With Shareholders Over Non-Compete Breach To Arbitration

The Kerala High Court has recently referred to arbitration a dispute between three Malabar Group companies and certain shareholders over allegations that the shareholders breached non-compete provisions in the companies' Articles of Association by becoming involved in rival jewellery businesses. Justice S Manu was dealing with petitions filed by Malabar International Gold Designs Private Limited, Luster Gold Palace (India) Private Limited and Malabar Gold Supermarket (Kannur) Private Limited...

Proof Of Cheque Execution Under NI Act Triggers Presumption Unless Rebutted: Kerala High Court

The Kerala High Court on Monday, 18 May, held that once a complainant proves the transaction and execution of a cheque in a prosecution under Section 138 of the Negotiable Instruments Act, the statutory presumptions under Sections 118 and 139 operate in the complainant's favour unless rebutted by the accused. Justice A. Badharudeen set aside a Trial Court judgment acquitting Jayapal, the accused in a cheque dishonour case involving Rs. 3 lakh and convicted him under Section 138 of the NI Act....

Kerala HC Dismisses Challenge To Kerala Co-operative Laws, Says Co-op Banks Not Outside Banking Regulation

The Kerala High Court has dismissed a plea seeking to strike down the Kerala Co-operative Societies Act, 1969 and the Kerala State Co-operative Agricultural Development Banks Act, 1984, rejecting a challenge to the legal framework governing co-operative banks and holding that they do not operate outside the banking regulatory regime. The petitioner had argued that the Acts unlawfully exclude the jurisdiction of civil courts and vest adjudicatory powers in arbitrators, thereby depriving citizens...

Approval By Additional Commissioner Valid As “Joint Commissioner” Under Income Tax Act: Kerala High Court

The Kerala High Court, on 8 April, held that approval granted by an Additional Commissioner of Income Tax satisfies the statutory requirement under Section 274(2) of the Income Tax Act for imposing penalties. It clarified that the term “Joint Commissioner” includes an Additional Commissioner under Section 2(28C) of the Act. Justice Ziyad Rahman A.A. dismissed a batch of writ petitions filed by Service Cooperative Bank Limited, holding that the challenge failed on the limited question of the...

Conditional Land Tax Acceptance Unsustainable Without Civil Court Adjudication: Kerala High Court

The Kerala High Court on 5 March held that the State cannot impose conditions while accepting land tax that create a cloud over title, as such disputes require adjudication by a competent civil court and cannot be decided through administrative endorsements. A Division Bench comprising Justices Anil K. Narendran and Muralee Krishna S set aside the condition in Order G.O.(Ms.)No.172/2019/Rev. dated 6 June 2019 and declined to direct unconditional acceptance of land tax, while permitting the...

Kerala High Court Allows Arbitration In Insurance Dispute, Says Discharge Voucher Not A Bar

The Kerala High Court has recently allowed an arbitration request filed by Coco-Latex Exports Private Limited against National Insurance Company Limited, holding that execution of a discharge voucher towards full and final settlement does not bar invocation of arbitration. “Therefore, I find that objection raised by the respondent on the basis of the discharge voucher issued by the respondent is not sustainable,” the Court said. Justice S. Manu was dealing with a plea arising out of an...

Arbitration Clause In Sevens Football Association Bylaws Does Not Bar Suit For Members Disputes: Kerala HC

The Kerala High Court has held that the arbitration clause in the bylaws of the Sevens Football Association does not bar a civil suit in disputes among its members or office bearers, as the clause is limited to disputes between the association's units. A coram of Justice S. Manu made the observation while dismissing an appeal challenging an interim injunction granted by the Additional District Court, Thrissur in a dispute over the use of the name “Sevens Football Association”, its...

Kerala High Court Dismisses Contempt Plea In Byju'S US Assets Sale Dispute, Imposes Costs

The Kerala High Court on April 6 dismissed a contempt petition arising out of the sale of US-based subsidiaries of BYJU'S, holding that contempt proceedings cannot be sustained once the underlying order has been set aside by the Supreme Court of India, and imposed costs of Rs. 50,000 on the petitioners.A Bench of Justice Easwaran S dismissed a contempt petition filed by Voizzit Technology Private Limited and its connected entity, and imposed costs of Rs. 50,000 on them, payable to the Kerala...

Hypothecation Agreements Attract Stamp Duty As General Agreements, Not Pledge Or Mortgage: Kerala High Court

The Kerala High Court has held that a hypothecation agreement executed to secure a loan attracts stamp duty as a general agreement under Article 5(g) of the Kerala Stamp Act and not as a pledge or mortgage, which attracts higher duty. Clarifying the position, the court said Article 6 of the Act applies only to pledges. “Article 6 of the Act will get attracted only if the instrument in question is a 'pledge'. On a conspectus reading of the agreement of hypothecation, it is evident that the...

Ex-Promoter Of Learnfluence, Which Runs Lakshya Coaching Platform, Moves Kerala High Court Against IPO

Adheesh Damodaran, erstwhile promoter of Learnfluence Education Limited and co-founder of Lakshya CA Campus, has approached the Kerala High Court challenging the proposed initial public offering (IPO) of the company, which runs the Lakshya platform offering commerce education, alleging large-scale fraud, forgery, and manipulation of company records. In his writ petition, Damodaran has questioned the decision to allow Learnfluence to proceed with the IPO despite what he describes as “pervasive...