Donee Of Undivided Share In Joint Property Is Entitled To Partition & Registration By Paying Stamp Duty For Partition Deeds: Kerala High Court

The Kerala High Court recently clarified that a donee of an undivided share in a co-owned property becomes a co-owner and would be entitled to seek registration of a deed partitioning the property by paying stamp duty applicable to partition deeds.Justice Basant Balaji was considering a writ petition challenging the refusing of registration of a partition deed executed by a co-owner and the...

Malabar Devaswom Board Can't Use Supervisory Powers To Indirectly Take Over Temple Administration: Kerala High Court

The Kerala High Court has held that the Malabar Devaswom Board cannot invoke its general supervisory powers under Section 20 of the Madras Hindu Religious and Charitable Endowments (HR & CE) Act to effectively take over temple administration by appointing a full-time Executive Officer.The Division Bench comprising Justice Raja Vijayaraghavan V and Justice K.V. Jayakumar, issued the order in...

Ombudsman Must Enquire Into Complaints Of Maladministration Under Panchayat Raj Act, Can't Relegate Parties To Other Forums: Kerala High Court

The Kerala High Court recently clarified that the Ombudsman for Local-Self Government Institutions has a duty to conduct a proper and effective enquiry into complaints regarding maladministration and losses caused to panchayat, and it cannot relegate the same to courts.Justice P.M. Manoj set aside an order of the Ombudsman that relegated, to the Rent Control Court, a complaint raising issues...

'Insensitive Attitude Of Few Erode Entire System': Kerala High Court Denounces RDO's Conduct But Vacates 10K Costs Imposed On Him

The Kerala High Court, in a recent ruling, expressed strong disapproval towards the careless manner in which a government official handled a citizen's application for changing the nature of her property.The Division Bench of Justice Devan Ramachandran and Justice M.B. Snehalatha was considering an appeal against a Single Bench's order imposing Rs. 10,000 costs upon a Revenue Divisional...

S.377 IPC Continues To Apply In Cases Involving Minors: Kerala High Court Upholds Conviction For Oral Sex

The Kerala High Court has upheld the conviction of a man under Section 377 of the Indian Penal code (IPC) for committing sexual offences on an 11-year-old girl, reaffirming that the provision continues to apply in cases involving minors. Justice A. Badharudeen was delivering the judgment in a criminal appeal filed against conviction under Sections 450 (house-trespass to commit offence),...

Kerala Service Rules| Family Pension Can't Be Denied To Non-Remarried Widow Of Deceased Employee Merely Because She's Employed Or Receives Another Pension : HC

The Kerala High Court, in a recent judgment, clarified that family pension cannot be denied to the wife of a deceased employee merely because she is employed or receiving another pension.Justice P.M. Manoj observed that as per the Kerala Service Rules (KSR), if the surviving wife has not remarried, she is entitled to receive family pension whether or not she was dependent on her...

Embassy NOC Not Mandatory To Solemnize Marriage Between Indian & Foreigner Under Special Marriage Act: Kerala High Court

The Kerala High Court on Tuesday (May 5) directed the Sub-Registrar/Marriage Officer of Mavelikkara to process and solemnize the marriage of an Indian man and a Sri Lankan woman as per the Special Marriage Act, 1954 without insisting on an NOC from the Embassy.Justice Easwaran S. relied on a 2019 decision of the High Court [Saranya R. A. v. State of Kerala and Others], wherein it was...

Writ Jurisdiction Can't Be Invoked When Contract Provides Arbitration Remedy: Kerala High Court

The Kerala High Court has reaffirmed that the existence of an efficacious alternative remedy, particularly arbitration, will ordinarily dissuade courts from exercising writ jurisdiction under Article 226 of the Constitution.The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. was delivering the judgment in a writ appeal challenging the termination of an EPC...

Kerala High Court Quashes Criminal Case For 'Stealing' Court Record, Says Complaint By Third Party Not Maintainable

The Kerala High Court recently quashed the criminal proceedings initiated against a man who was accused of stealing a case bundle from the trial court.Justice C.S. Dias noted that the trial court ought not to have take cognizance of the complaint, which was filed by a third party, when the statutory mandate under Section 195 of the Code of Criminal Procedure was for the officer of the Court or...

Non-Disclosure Of Exact Occurrence Date In Earlier Statements Not Necessarily Fatal If POCSO Victim Clarifies In Deposition: Kerala High Court

The Kerala High Court, in a recent judgment, refused to set aside a conviction in a POCSO case that was challenged alleging anomaly in the prosecution case due to minor discrepancies regarding the date of occurrence.The appellant before Justice A. Badharudeen had contended that since the child victim failed to disclose the actual date of occurrence in FIS and in statement before Magistrate...

Dental Student Suicide: Kerala High Court Issues Notice On College HOD's Appeal For Anticipatory Bail In Abetment FIR

The Kerala High Court on Tuesday (May 5) issued notice on the criminal appeal preferred by Dr. M. Kodanda Ram, who is arrayed as the prime accused in the suicide abetment case of Dental College student Nithin Raj.The appeal has been filed against the order of the Sessions Court, Thalassery, which had dismissed his bail application while granting pre-arrest bail to the second accused Dr....

S.307 IPC | Manner Of Attack & Injury Relevant To Ascertain If Accused Intentionally Attempted To Commit Murder: Kerala High Court

The Kerala High Court has reiterated that the manner of attack and injury of the victim are relevant for ascertaining if the accused had intention or knowledge that the same would cause death.Justice A. Badharudeen found that causing only one injury on the shoulder of the victim would not be sufficient to conclude that an accused intended to cause murder to attract the offence punishable...