Kerala High Court

28th Jan, 2024

The party relying on misrepresentation, fraud, undue influence, etc. has to give the particulars in the complaint for the Court to disregard a Will

In the matter of Premakumari. R. V. O.K. Sivasankara Pillai; decided on 04.01.2024 by the Hon’ble High Court of Kerala; RFA No. 197 of 2013 FACTS This appeal arises from the judgment and decree dated […]
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5th Jun, 2021

A private unaided education institution, discharging a public duty is amenable to writ jurisdiction under Article 226 of the Constitution.

In the matter of Bineeta Patnaik Padhi Vs. Union of India & Ors. (W.P.A 5544 of 2021) as decided by the Hon’ble Calcutta High Court on 01.06.2021. Facts of the Case- In the present matter, […]
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16th Nov, 2020

Any clause in an agreement, that requires one of the contracting parties to make a deposit of amount as a precondition for invoking the arbitration, has to be seen as rendering the entire clause arbitrary, being not only excessive or disproportionate but leading to a wholly unjust situation in arbitration proceedings

Kerala High Court on 28.10.2020 in the matter of Lite Bite Foods Pvt. Ltd. Vs. Airports Authority Of India, reiterated the law declared by the Supreme Court in ICOMM Tele Ltd. v. Punjab State Water […]
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12th Oct, 2020

Application made at the appellate stage to withdraw the suit cannot be allowed by the court if granting such permission would have the effect of depriving or destroying or nullifying or annulling any right which has come to be vested with the defendant under the decree

Kerala High Court on 05.10.2020 in the matter of Sabu Issac Vs. Antony Chacko in OP (C). No. 123/2020 and OP (C). No. 173/2020 held that “an application made at the appellate stage to withdraw […]
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5th Aug, 2019

Omission to mention nature of Debt or Liability in statutory demand notice does not render it invalid under section 138 of Negotiable Instruments Act, 1881

The Kerala High Court observed that the omission or error in the notice under section 138 of the Negotiable Instruments Act to mention the nature of the debt or liability, does not render the same […]
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