Kerala High Court Weekly Round Up: February 14 To February 19, 2022

Citations: 2022 LiveLaw (Ker) 78 - 2022 LiveLaw (Ker) 91Nominal IndexBeena M.S v. Shino G. Babu, 2022 LiveLaw (Ker) 78State of Kerala v. Binu Sebastian & Ors, 2022 LiveLaw (Ker) 79Anoop K.A & Anr. v K.R Jyothylal & Ors, 2022 LiveLaw (Ker) 80S. Surendran v. Director General of Central Industrial Security Force & Anr, 2022 LiveLaw (Ker) 81Devarajan v State of Kerala, 2022...

Kerala High Court Asks State To Put A Hold On Its Proposal To Amend Advocate Fee Rule

The Kerala High Court has decided to request the State government hold off on its proposal to amend the Kerala Advocate Fee Rule till the Court's Rule Committee comes to a conclusion on the same.The intimation was made through a notice issued by the Registrar General of the High Court on Friday, which came as a huge relief to the lawyering community in the State. The High Court had addressed...

Bombay High Court Judge Calls Hindi 'National Language' While Rejecting Bail, Accused In Narcotics Case Files SLP In SC

A Telugu travel agent accused in drug trafficking case has approached the Apex Court after the Bombay High Court called Hindi the 'National language' while refusing bail. He contended that the HC failed to appreciate that Hindi is not the National language as per Article 345 of the Constitution of India. In November 2021, Justice Nitin Sambre rejected appellant Gangam Sudhir Kumar...

Wife Making Frequent Discreet Phone Calls To Another Man At Odd Hours Despite Husband's Warning Is Matrimonial Cruelty: Kerala High Court

While granting a decree of divorce to a couple, the Kerala High Court recently ruled that a wife making secret phone calls to a man ignoring her husband's warning against the same amounts to matrimonial cruelty.Justice Kauser Edappagth in his judgment also observed that mere compromise would not amount to condonation of cruelty unless and until the matrimonial life was restored."Making...

Erroneous Finding Can't Be The Basis For Entertaining Appeal u/s 30 of Employee's Compensation Act, Unless It Raises Substantial Question Of Law: Rajasthan High Court

The Rajasthan High Court observed that any erroneous finding or any error of law cannot be the basis for entertaining an appeal under Section 30 of the Employee's Compensation Act, 1923 unless such erroneous findings do not give rise to substantial question of law. Justice Sudesh Bansal, observed, "It is settled law that unless the findings of fact recorded by the Commissioner, are...

S.176 Contract Act| Notice Of Sale By Pawnee Must Contain A Positive Assertion Disclosing Intention To Sell: Calcutta HC

The Calcutta High Court on Wednesday observed that a notice of sale by a pawnee under Section 176 of the Indian Contract Act, 1872 (Act) must contain a 'positive assertion' indicating the intention of the pawnee to dispose of the security. A pledge is a bailment of goods as security for payment of debt or performance of a promise. Section 176 of the Act permits the pawnee to sell the...

"Marriage Certificate Not Necessary For Adopting A Child": Allahabad HC In Transgender Person's Plea Seeking Marriage Registration

The Allahabad High Court has observed that for adopting a child, a marriage certificate is not a sina-quo-non and even a single parent can adopt a child under the Hindu Adoption and Maintenance Act, 1956.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma observed thus while dealing with a plea filed by a Transgender person and her husband who sought a direction upon the...

'Arrangement/Safety For Stray Cattle In Rural Areas': Allahabad HC Appoints Amicus Curiae, Seeks UP Govt's Reply

The Allahabad High Court on Wednesday decided to deal with the issue of stray cattle menace in rural areas and therefore, it appointed Advocate Yogendra Misra, assisted by Advocate S. M. Singh Royekwar to assist the Court in the matter as Amicus Curie.The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan also directed the State Counsel to seek instructions in the...

"File Reply To Pleas Against Amendment Made To Municipal Act Or We Will Stay It": Patna HC Warns State, Central Govts

Dealing with Public Interest Litigations (PILs) plea filed challenging the 2021 amendments made to the Bihar Municipal Act, 2007, the Patna High Court on Friday warned the Union and the State Government to file their replies in 1 week otherwise the amendments would be stayed by the Court.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar ordered thus as it noted that despite...

Despite Women Empowerment Being Motto, Deprived Authorization To Women-Self Development Groups: Bombay HC On Cancellation Of Authorisation Of Mahila Bachat Gats

The Aurangabad Bench of the Bombay High Court recently ordered the District Supply officer (DSO) to restore authorisation of four Mahila Bachat Gats or Women Self Development Groups to maintain fair price shops. Justice Bharati Dangre observed that their licence to run fair price shops was cancelled on "clumsy" and "non-existent" grounds and the Tehsildar to the highest level...

Absence Of Injuries On Victim's Body Will Not Render Commission Of Offence Improbable: Calcutta HC Upholds Conviction Of Man For Raping 7 Yr Old Girl

The Calcutta High Court has recently upheld the conviction of a man for raping a 7 year old girl by observing that mere penetration is sufficient to prove the offence of rape and that presence of injuries on the body of the victim is not necessary. A Bench comprising Justices Bivas Pattanayak and Joymalya Bagchi observed, "It has also been strenuously argued that the allegation of rape on a...

Don't Register Writ Petition That Doesn't Set Out Specific Grounds – Bombay High Court To Registry

The Bombay High Court has directed its Registry to not register any writ petition unless the same sets out specific grounds on which the petition is being moved and warned the department of strict action if any lapse was viewed in that regard. A division bench of Chief Justice Dipankar Datta and Justice NB Suryawanshi, sitting in the Aurangabad Bench, directed, "The Registry...