Items of Motor Vehicle Compensation Permissible in Simple Injury Cases
In simple personal injury cases, the compensation will be awarded only for expenses relating to treatment etc, loss of earnings, and damages for pain and suffering.
Court Can Declare Civil Death of a Person Missing for Seven Years
A civil court can declare a person legally dead if they have not been heard from for seven years, based on Section 108 of the Indian Evidence Act, 1872.
This is typically done when a legal heir files a civil suit for a declaration of presumed death to settle matters like inheritance, remarriage, or insurance.
Joint or Separate Trial for Same Transaction? SC Clarifies
In Mamman Khan v. State of Haryana [2025 INSC 1113], the Supreme Court clarified the principles governing whether multiple accused involved in offences arising from the same transaction should face…
School’s Right to Enforce Uniform Prevails Over Individual Religious Dress Choices
In Fathima Thasneem v. State of Kerala [2018: KER:65441], the Kerala High Court held that the collective right of an educational institution to enforce a uniform dress code for discipline and equality overrides a student's individual right to wear religious attire, such as a hijab (headscarf) and full-sleeved shirts.
A Court Cannot Compel a Penniless Husband to Pay Maintenance
A court cannot legally compel an indigent person (a person lacking means) to pay maintenance, as the legal obligation to pay is predicated upon the ability to pay. This was the core observation of the High Court of Kerala in the case of Jubairiya vs. Saidalavi N [2025: KER: 68937].
Statutory E-Summons Service Introduced in Kerala Criminal Cases
under the new Kerala Procedure for Service of Summons Rules, 2025, framed under Section 64 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police can serve summons directly or via electronic methods (Email, WhatsApp, or Telegram) upon receipt at the police station.
Ascertaining Admitted Rent Arrears Under the Rent Control Act in Kerala
Under the Kerala Buildings (Lease & Rent Control) Act, 1965, a landlord can seek an intermediate order from the Rent Control Court directing a tenant to deposit all "admitted arrears of rent" under Section 12.
This is a powerful summary remedy, but its application hinges on how a court determines what rent is "admitted" without conducting a full trial.
Scribe of a Will Can Also Be an Attesting Witness If Intended
A person who writes a will (the scribe) can also serve as one of the legally required attesting witnesses. However, for their signature to be valid as an attestation, they must sign with the express intention of witnessing the testator's signature, not merely to authenticate their role as the scribe. This principle was clarified by the Kerala High Court in Varghese C Philip Kutty v. Varghese Mathai [2025:KER:42170].
Paying for Sex in a Brothel Amounts to Punishable Offence of Inducing Prostitution
In a significant ruling, the High Court of Kerala in Sarath Chandran v. State of Kerala [2025:KER:59585] has held that individuals who pay for sexual services in a brothel can be prosecuted for "inducing prostitution" under Section 5(1)(d) of the Immoral Traffic (Prevention) Act, 1956 (ITPA).
Police Must Act Decisively When a Mob Obstructs a Local Body’s Functions
In Kizhakkambalam Grama Panchayat v. Superintendent of Police, Ernakulam Rural [2025:KER:58982], the High Court of Kerala observed that when a duly constituted Grama Panchayat is exercising its statutory functions, no individual or mob has the authority to obstruct those functions by taking the law into their own hands.
Voting Against Party Lines Leads to Disqualification in Kerala Local Governments
The Kerala High Court, in V V Varghese v. Kerala State Election Commission [2009:KER:21461], clarified this principle. The court distinguished between a "conscience vote," which may be permitted by an express party whip, and a "conscious vote," which must align with party policy.
No Arrest from Court Premises without Prior Intimation to the Judge: HC
Arrest of any person within the court premises need to be done only with prior intimation to the Presiding Office, except in emergent situation, Observed Kerala High Court in Suo Motu v. State of Kerala [W.P.(C).NO.32952 of 2024 dated 19/8/2025].