[Kerala Rent Control Act] Interim Orders Appealable U/S 18 Only If It Affects Rights & Liabilities Of Party: Kerala High Court

The Kerala High Court recently held that interim orders passed under the Kerala Buildings (Lease and Rent Control) Act, 1965 are appealable under Section 18 of the Act only if it affects the rights and liabilities of the concerned party.A division bench of Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen while dismissing a petition filed challenging the order of the Rent...

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case

A plea has been filed in the Kerala High Court for quashing the order issued by the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram seeking the production of documents by the State Government, in relation to the brewery allotment corruption case.The case pertains to the alleged graft in the issuance of brewery licenses by the previous administration of the ruling...

'Why Can’t You Take It As Patient Hearing?' : Kerala High Court Asks Petitioner Who Alleged Sitting Judge Hears Limited Number Of Cases

The Kerala High Court on Wednesday reserved for order the petition filed by Advocate Yeshwanth Shenoy alleging that Justice Mary Joseph of the High Court has curtailed the number of cases listed before her bench to only 20 matters a day, when other judges have 100 matters or more listed before them everyday. When the matter came up for hearing before Justice PV Kunhikrishnan today, he asked...

Kerala High Court Dismisses Plea To Bring Back 'Arikomban', Says No Allegation Of Neglect Against Authorities In Tamil Nadu

The Kerala High Court on Wednesday dismissed the plea filed by Sabu M. Jacob, the President of the 'Twenty-20 Party', and the Managing Director of Kitex Garments, seeking safe translocation of rogue elephant 'Arikomban' back to Kerala.The pachyderm was earlier translocated to Periyar Tiger Reserve for allegedly foraging into the human settlements in Chinnakanal area, However, as per reports...

Additional Pleadings Raised In Rejoinder Cannot Form Part Of Plaint And No Evidence Can Be Adduced Based On It: Kerala High Court

The Kerala High Court recently held that additional pleadings raised in a rejoinder cannot form part of the plaint. Under the Code of Civil Procedure,1908 a party can incorporate additional pleadings to the plaint only by way of an amendment under Order VI Rule 17, the Court noted in this regard.A single bench of Justice Mary Joseph observed that:“...it is clear that a party seeking to obtain...

Magistrate Court Having Jurisdiction Cannot Refuse An Accused Permission To Surrender: Kerala High Court

The Kerala High Court recently held that a Magistrate cannot refuse a person accused of an offence, permission to surrender to its jurisdiction under Sections 436 and 437 of Code of Criminal Procedure, 1973.A single bench of Justice K Babu observed: “When the Code permits a person accused of an offence to surrender before the Court having jurisdiction over the subject matter, it cannot...

Education Loan Cannot Be Rejected For Low CIBIL Score Of Student: Kerala High Court

The Kerala High Court on Tuesday held that an application for education loan by a student could not be rejected on the ground of a low CIBIL (Credit Information Bureau (India) Limited) score. Justice P.V. Kunhikrishnan cautioned banks to adopt a 'humanitarian approach' while considering applications for education loans. "Students are the nation builders of tomorrow. They have to lead this...

Scribe Being One Of The Attesting Witnesses Not More Competent Than Other Attesting Witnesses To Prove Execution Of Will: Kerala High Court

The Kerala High Court recently held that when the scribe is one of the attesting witnesses of a will, he is not more competent than other attesting witnesses to depose the execution of the Will. The Court noted that there is no law in place which states that when the scribe of a Will is one of the attesting witness, he/she is the best witness and is the most competent to depose the execution...

Plea In Kerala High Court Seeks Proper Medical Care For 'Arikomban' If Tranquillised And Captured

A plea has been filed in the Kerala High Court seeking proper medical care to be ensured for the rogue elephant 'Arikomban', and for the adoption of scientific methods that cause minimum trauma, for the rehabilitation and translocation of the tusker, if the animal is to be captured and tranquilized. The pachyderm, 'Arikomban', had allegedly been foraging into the Chinnakanal area, and...

S.17 SARFAESI Act | Recovery Action May Have Disastrous Consequences For Borrower, DRT Must Pass Interim Order Upon Application Of Mind: Kerala HC

The Kerala High Court recently held that interim orders passed by the Debts Recovery Tribunal under 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be issued mechanically and without application of mind. Doing so would amount to failure on the part of the Tribunal in proper and judicious exercise of the jurisdiction vested...

Life Insurance Policy Can Be Repudiated For Suppression Of Material Facts Regarding Health Condition Of Insured: Kerala High Court

The Kerala High Court recently held that details regarding the illness suffered by the proposer/assured, the previous treatment administered to him including hospitalization, and so on, which are raised as specific queries in the proposal form of the insurance company are material facts, and in the event of any material suppression or furnishing of false information by the...

Local Self Govt Tribunal | Limitation Under Rule 8(3) For Filing Petitions Not Applicable To Pleas For Setting Aside Ex-Parte Order: Kerala High Court

The Kerala High Court recently enunciated that the time limit which has been fixed under Rule 8 of the Tribunal for the Local Self Government Institution Rules, 1999, is only in respect of petitions to be filed as provided in Rules 8(1) and 8(2) of the Rules, 1999 and not in respect of a petition filed in the said proceedings for setting aside of an ex parte orderor for condonation...