Disaster Management Act | District Authority Can't Issue Memo To Stop Construction Over Ground Water Depletion: Kerala High Court

The Kerala High Court recently clarified that the District Disaster Management Authority or its Chairperson cannot issuse a stop memo to a person barring all construction activities under the Disaster Management Act.The court was considering whether the Disaster Management Authority or the Chairperson invoking the powers under Section 26(2) can issue direction or stop memo in exercise of...

Minority Commission Can't Bypass Civil Court's Jurisdiction To Pass Eviction Orders: Kerala High Court

The Kerala High Court recently held that the State Minority Commission cannot bypass the jurisdiction of a civil court to pass eviction order against a person belonging to a minority community.Justice Easwaran S. remarked:“what is attempted is to bypass the civil remedy by filing an application before the Commission and that the Commissioner has overstepped its jurisdiction and...

Permanent Lok Adalat Can't Adjudicate Disputes Without Mandatory Conciliation Under Legal Services Authorities Act: Kerala High Court

The Kerala High Court recently clarified that as per Section 22C of the Legal Services Act, Permanent Lok Adalats must comply with the mandate of conciliation before adjudicating a dispute on merits and that delay in remitting costs to set aside ex parte order cannot be cited to forego conciliation.Justice P.M. Manoj further observed that the Adalat cannot adjudicate a dispute which is...

Family Court Can't Refuse Mutual Consent Divorce Merely Because Couple Gives No Reason For Living Separately: Kerala High Court

The Kerala High Court has held that a Family Court cannot refuse a decree of divorce by mutual consent merely because spouses state that they are living separately “without any reason,” so long as both parties continue to consent to dissolution of marriage under Section 10A of the Divorce Act, 1869.A Division Bench comprising Justice J. Nisha Banu and Justice Shoba Annamma Eapen delivered...

Hindu Widow's Limited Estate Under Will Ripens Into Absolute Ownership Under Section 14 Of Hindu Succession Act: Kerala High Court

The Kerala High Court has held that a life estate granted to a Hindu widow under a Will enlarges into absolute ownership under Section 14(1) and 14(2) of the Hindu Succession Act, 1956. It further noted that the absolute ownership would render any subsequent bequest in the same Will ineffective.Justice Easwaran S., was delivering the judgment in a batch of connected second appeals. The...

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...