Kerala High Court Weekly Round-Up: October 2 - October 8, 2023

Nominal Index [Citations: 2023 LiveLaw (Ker) 531-547] The Ramapuram Regional Service Co-Operative Bank v State of Kerala 2023 LiveLaw (Ker) 531NBCC India Ltd. & Anr. v. Joshy Varghese and connected matter 2023 LiveLaw (Ker) 532Mallika v. Sree Mutharamman Temple Trust & Anr. and connected matter 2023 LiveLaw (Ker) 533Gugulloth Lakshman IPS v. State of Kerala & Anr. 2023 LiveLaw (Ker) 534Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep 2023 LiveLaw (Ker) 535Arjun Rajasekhar v. Director General of Police (Law & Order) & Ors. 2023 LiveLaw (Ker) 536Suo Moto v State of Kerala 2023 LiveLaw (Ker) 537Shaheena v. Tahsildar & Anr. 2023 LiveLaw (Ker) 538Abhaya V. Venu v. State of Kerala & Ors. 2023 LiveLaw (Ker) 539Rajan K v. Joint Registrar Of Co-Operative Societies 2023 LiveLaw (Ker) 540Dawood v. State of Kerala 2023 LiveLaw (Ker) 541Fousiya v Shamsudheen Pokkadan 2023 LiveLaw (Ker) 542Sojan Scaria v. State of Kerala & Ors. 2023 LiveLaw (Ker) 543Secretary v. Muhammed Rasheed 2023 LiveLaw (Ker) 544A.C. Pavithran & Ors. v. State of Kerala and Connected cases 2023 LiveLaw (Ker) 545State of Kerala v Durgadas 2023 LiveLaw (Ker) 546Siraj v. The District Collector & Anr. 2023 LiveLaw (Ker) 547Judgments/Orders This Week Only Proposed Amendments To Cooperative Society Bye Laws And Not Existing Provisions Need To Be Published In Local Newspaper: Kerala High CourtCase Title: The Ramapuram Regional Service Co-Operative Bank v State of KeralaCitation: 2023 LiveLaw (Ker) 531The Kerala High Court has held that newspaper publication of the proposed amendment to bye-laws of a cooperative society alone and not the existing provision of the bye-laws is mandatory for effecting registration of the amendment. Justice Sathish Ninan observed that Rule 9(ii) of the Co-operative Societies Rules and circular No.25/2016 issued by the Registrar of Co-operative Societies mandate publication of the proposed amendment of the bye-laws and not the existing provisions. It noted that the Paper publication was intended for the purpose of intimating the members of the society when the members of the society exceeded five hundred in number,“Therefore, on a proper understanding of Rule 9(ii) of the Rules and Circular No.25/2016, it could only be held that the intimation to the members with regard to the proposed amendment of the bye-laws of the Society, whether it be by personal service or by paper publication as the case may be, need only contain the proposed amendment in its entirety. Such intimation/ publication need not contain the existing provision of the bye-law sought to be amended.”RERA Authority Can Award Statutory Interest Even If Allottee Withdrawing From Project Claims Lower Rate: Kerala High CourtCase Title: NBCC India Ltd. & Anr. v. Joshy Varghese and connected matter Citation: 2023 LiveLaw (Ker) 532The Kerala High Court recently ruled that interest rates payable to allottees withdrawing from a project should be as per Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018 while clarifying that claiming a lesser interest rate does not preclude allottees from receiving the statutory rate. Justice A. Badharudeen added that while Rule 18 specifies the standard interest rate formula for both promoters and allottees, there can be a deviation from this rate, only when both parties mutually agree to it."...the legal position is no more res-integra and payment of interest by the promoter to the allottee or by the allottee to the promoter, as the case may be, shall be the State Bank of India's Benchmark Prime Lending Rate plus two percent interest and shall be computed as simple interest as provided under Rule 18 of the Kerala Real Estate (Regulation and Development) Rules, 2018. However, payment of interest by the allottee to the promoter as provided under Section 19(7) of the Kerala Real Estate (Regulation and Development) Act, 2016, can be one in deviation from the Rule 18 and the interest can be reduced when mutually agreed to between the promoter and the allottee and not in any other manner". Legal Advice Received After Expiry Of Statutory Appeal Period Not Ground To Condone Delay: Kerala High CourtCase Title: Mallika v. Sree Mutharamman Temple Trust & Anr. and connected matterCitation: 2023 LiveLaw (Ker) 533The Kerala High Court while dismissing a rent control revision petition stated that subsequent legal advice given to a party cannot be accepted as a ground for condonation of delay to prefer an appeal. Justice P.B. Suresh Kumar and Justice P.G. Ajithkumar observed that if delay was condoned based on subsequent legal advice received by a party, then that would defeat the purpose of Limitation Act.“Subsequent legal advice cannot be accepted as a cause, much less any sufficient cause, to condone the delay in instituting a proceedings in terms of Section 5 of the Limitation Act, for if the subsequent legal advice is accepted as the cause to condone the delay in instituting a proceedings, the...

Kerala High Court Weekly Round-Up: October 2 - October 8, 2023

Navya Benny

Tags