Limitation U/S 138 NI Act Runs From Receipt Of Returned Notice Not Its Refusal: Kerala High Court

The Kerala High Court on 8 July held that in prosecutions under Section 138 of the Negotiable Instruments Act (dishonour of cheque for insufficiency of funds), the limitation period for filing a complaint begins from the date the complainant receives the returned postal cover or is informed that the statutory notice could not be served, and not from the date the addressee refused or left the notice unclaimed. Justice A Badharudeen allowed an appeal filed by Sree Gokulam Chit & Finance Co....

Civil Courts Can't Grant Interim Relief Against SARFAESI Proceedings Despite Suit Being Maintainable: Kerala High Court

The Kerala High Court has held that civil courts cannot grant interim injunctions to halt proceedings under the SARFAESI Act even where the underlying civil suit is maintainable. The ruling applies where the relief sought falls outside the jurisdiction of the Debt Recovery Tribunal. Justice S. Manu delivered the ruling while dismissing an appeal filed by Deepa George against an order of the III Additional Sub Court, Ernakulam refusing interim relief against Federal Bank. The court observed that...

'Duly Certified Copy' Under HC Arbitration Scheme Can Include Party Or Counsel Attestation: Kerala High Court

The Kerala High Court has recently held that, for the purpose of arbitration requests filed under the Kerala High Court Scheme for Appointment of Arbitrators, 1996, a "duly certified copy" of a private arbitration agreement does not have to be certified by a public authority. It held that the requirement is satisfied where the party files an affidavit certifying the copy as a true copy of the original, explains why the original has not been produced, and submits a copy attested to by the party...

Section 452 Companies Act Not Decriminalised, Criminal Courts Retain Jurisdiction: Kerala High Court

The Kerala High Court on 1 July held that offences under Section 452 of the Companies Act, 2013, relating to the wrongful withholding of company property by an officer or employee, remain triable by criminal courts and were not decriminalised by the Companies (Amendment) Act, 2020. Justice G. Girish allowed Tata Coffee Limited's revision petition, set aside the Chief Judicial Magistrate, Thrissur's order returning the company's complaint against its former employee, and directed the Magistrate...

RBI Not Bound To Hear Bank Board Before Supersession U/S 36AAA Banking Regulation Act: Kerala HC

The Kerala High Court on Friday, 3 July, held that the Reserve Bank of India (RBI) is not required to provide a prior hearing before superseding the board of directors of a co-operative bank under Section 36AAA of the Banking Regulation Act, 1949. However, it clarified that consultation with the State Government is mandatory before passing such an order. Justice M.A. Abdul Hakhim considered a plea filed by the former President of the Irinjalakuda Town Co-operative Bank, M.P. Jackson,...

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...