Commercial Court Must Transfer Design Suit Once Validity Is Challenged: Kerala High Court

The Kerala High Court on 30 June held that a Commercial Court loses jurisdiction to proceed with a design infringement suit the moment the defendant raises a defence challenging the validity of the registered design and must immediately transfer the suit to the High Court under Section 22(4) of the Designs Act, 2000. Justice T.R. Ravi allowed the petition filed by Aines Food & Beverages and its partners, set aside the III Additional Sub Court, Ernakulam's order dated 10 December 2025 as...

PMLA Court Can Try Corruption Cases Along With Money Laundering Case After Transfer: Kerala High Court

The Kerala High Court has held that a Special Court constituted under the Prevention of Money Laundering Act (PMLA) can try a scheduled offence under the Prevention of Corruption Act once the case is committed to it. It held that this remains so even if the court is not the one specifically notified to try offences under the anti-corruption law. Justice A. Badharudeen made the finding while dismissing a petition filed by the Central Bureau of Investigation (CBI). The agency had challenged an...

Mere Exchange Of Letters Cannot Extend Limitation For Plea For Appointment Of Arbitrator: Kerala High Court

The Kerala High Court on Tuesday held that mere exchange of letters or representations between parties cannot extend the limitation period for filing an application seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. Justice S. Manu observed that once limitation begins to run, recurrent communications between parties cannot stop or stretch the statutory period. “If a party waits indefinitely, without seeking reference by approaching the Court...

Malabar Gold Cannot Monopolise 'Malabar'; Kerala High Court Sets Aside Passing Off Finding Against Delhi Jeweller

The Kerala High Court has partly allowed an appeal filed by the proprietor of Delhi-based Malabar Fashion Jewellery, setting aside a trial court's finding that the business had passed off its goods as those of Malabar Gold. It, however, retained the injunction restraining the jeweller from using a deceptively similar trademark and clarified that no exclusive rights can be claimed over the geographical expression "Malabar" by itself. Justice Mohammed Nias C.P. held that Malabar Gold's trademark...

Burden Shifts To Complainant Once Accused Proves Discharge In Cheque Bounce Case: Kerala High Court

The Kerala High Court on 30 June held that in a prosecution under Section 138 of the Negotiable Instruments Act, once the accused proves discharge of the underlying debt, and the complainant asserts that such repayments relate to a different transaction, the burden shifts to the complainant to establish that assertion. Justice A. Badharudeen dismissed an appeal filed by the complainant and upheld the acquittal of the accused passed by the Trial Court. He held: “Once plea of discharge is proved...

Kerala High Court Sets Aside KFC Auction Sale, Says Purchaser Cannot Be Financed Against Same Property

The Kerala High Court on 29 June held that the Kerala Financial Corporation (KFC) cannot finance the purchase of an auctioned property by advancing a loan against the security of the very same property, as such a course violates its statutory duty to secure the best possible price for the mortgaged asset. A Division Bench of Justices A.K. Jayasankaran Nambiar and Preeta A.K. set aside the auction sale conducted by KFC after finding material irregularities in the sale process, and directed it to...

Kerala High Court Dismisses Cholamandalam Appeal, Reiterates Threshold For Intra-Court Appeals

The Kerala High Court on 19 June dismissed a writ appeal filed by Cholamandalam Investment and Finance Company Limited after holding that a purely procedural interim order, which does not affect substantive rights or cause serious prejudice, cannot be appealed under Section 5(i) of the Kerala High Court Act, 1958. A Division Bench of Justices Anil K Narendran and Muralee Krishna S ruled that an intra-court appeal lies only against orders that substantially affect the rights or liabilities of...

Kerala High Court To Examine K-RERA Order Requiring Registration Of Certain Projects Under 500 Sq. Metres

The Kerala High Court recently (June 22) admitted a writ petition challenging a Kerala Real Estate Regulatory Authority (K-RERA) order requiring registration of projects built on less than 500 square metres of land if they comprise more than eight units. The matter came up before Justice Gopinath P. The court admitted the petition and granted K-RERA time to obtain instructions. Greha Homes Pvt. Ltd., the petitioner, contends that its "Greha Five Elements" project, comprising 14 apartment...

Draft Assessment Order Required Only For 'Eligible Assessees' Under Faceless Assessment: Kerala High Court

The Kerala High Court has held that tax authorities conducting faceless assessments are not required to issue a draft assessment order before finalising proceedings in the case of ordinary assessees. Justice Ziyad Rahman A.A., while dismissing writ petitions filed by a partnership firm engaged in the real estate business, observed that the requirement applies only to "eligible assessees" specifically defined under the Income Tax Act. "The requirement of issuing a draft assessment order before...

Property Tax Revision Invalid Without Mandatory Publication Compliance: Kerala High Court

The Kerala High Court on 2 June quashed enhanced property tax demands issued by the Haripad Municipality, holding that revised property tax rates cannot be enforced without compliance with the mandatory notification and publication requirements prescribed under the Kerala Municipality (Property Tax Services and Surcharge) Rules, 2011. Justice Ziyad Rahman A.A. was deciding a batch of writ petitions challenging enhanced property tax demands issued in respect of various buildings within the...

NCLT Consent Order Does Not Bar Appeal Against Unconsented Penalty: Kerala High Court

The Kerala High Court on 10 June held that even where an order of the National Company Law Tribunal (NCLT) is recorded as a consent order, a party may still challenge a penal condition before the appellate tribunal if it was not specifically consented to. Justice Harisankar V. Menon disposed of a writ petition filed by Gramox Paper & Boards (P) Ltd and its authorised representative, granting them liberty to challenge an NCLT Kochi Bench order before the National Company Law Appellate...

Kerala High Court Dismisses Federal Bank's Plea Against ED Attachment Of Mortgaged Property, Points To PMLA Court

The Kerala High Court has dismissed a writ petition filed by Federal Bank challenging the Enforcement Directorate's attachment of a mortgaged property. The court held that since the attachment had already been confirmed by the Adjudicating Authority under the Prevention of Money Laundering Act (PMLA), the bank's remedy was to approach the Special Court dealing with PMLA cases. Justice P.V. Balakrishnan observed, “Admittedly, the attachment effected by the respondent, has been confirmed by the...