Kerala High Court

29th Oct, 2023

Advocate Commissioner cannot be appointed by the Arbitrator under Section 26 or 27 of the Arbitration and Conciliation Act, 1996 unless the person is an subject expert.

In the matter of M/s Punarnava Ayurveda Hospital Pvt Ltd V The Arbitrator for NH 66 & District Collector Facts: The present case came before Kerala High Court. In the present case the Petitioner’s land […]

18th Jun, 2021

Right of an accused to carry on his occupation or profession cannot be curtailed while ensuring the culmination of the legal process

In the matter of Arun Baby vs. State of Kerala and ors. [ CRL.MC NO. 2695 of 2021] decided by Kerala High Court on 11th June 2021. Facts The Petitioner (Arun Baby) is an accused […]

7th Jun, 2021

A Petitioner while approaching the court must come with clean hands and no material facts should be suppressed.

It is a settled principle that the petitioners while filing the Writ Petitions must come to the court with clean hands and no material facts should be concealed. In a recent judgment of Kerala High […]

24th May, 2021

The denial of love and affection to a child by alienating the child from the other parent amounts to mental cruelty.

In Mat. Appeal No. 523/2019 decided on 18.05.2021 by Hon’ble Kerela High Court. Facts of the case- The marriage was solemnized between the parties on 27.12.2009 and only after a few weeks, marital disputes developed […]

17th Mar, 2020

If signatures are admitted by Drawer, it is immaterial if entries are made by another person under section 138, NI Act.

The High Court of Kerala in the case of Sandhya Rani G. vs State of Kerala & Anr. (Crl. M.C. No. 1310 of 2019) on 13.03.2020 held that if the drawer admits the signature in […]

13th Jan, 2020

Presumption as under Section 139 of the Negotiable Instruments Act, 1881 also applies to guarantor cheques

The High Court of Kerala in the matter of A. K Bhaskaran vs K.G Sheeba & Ors. (Crl. A 782 of 2006), decided on 08.01.2020 has held that the presumption under Section 139 of Negotiable […]

26th Mar, 2019

Divorce petition can be filed through power of attorney

There is nothing wrong in the Family Court entertaining an application even though it is filed through the power of attorney holder. The Kerala High Court observed the above-mentioned reasoning in the matter of Mohanan […]

9th Jun, 2014

Objections against proceedings of Acquisition – Status under the repealed and repealing Act #indianlaws

As per Section 15 of the 2013 Act any person interested in any land notified under Section 11(1) as being required or likely to be required for a public purpose, may within sixty days from […]

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