The effect of a non-speaking order of dismissal of the special leave petition without anything more indicating the grounds or reasons for dismissal by a necessary implication cannot be taken as acceptance of the reasons or the ratio of the judgment under challenge. It is not correct to assume that the Court has implicitly decided all the questions. Experion Developers Private Ltd. v. Himanshu Dewan and Sonali Dewan And Others Hon’ble Justice Sanjiv Khanna, Hon’ble Justice Bela M. T...

Kerala High Court orders registration of property on equitable grounds. Registrar denied registration of a document due to non fulfillment of a stipulation in a sale deed that a certain amount has to be paid to the brother of the Petitioner before selling the property that was conveyed to the petitioner by his mother. Since the whereabouts of the brother of the Petitioner was unknown for past 30 years and continues to be unknown, direction was issued by Court to register any document in respect...

Mere retention of property entrusted to a person without any misappropriation cannot fall within the ambit of criminal breach of trust. –– Kerala High Court The Court quashes criminal proceedings initiated against Secretary of the CIAL Air Cargo Loading and Unloading Workers Union for retaining blank cheques entrusted to him for fighting a legal case. It was observed that retaining blank cheques in one’s own possession without dishonestly using or disposing the same will not ...

Pecuniary jurisdiction of DRT being enhanced to Rs.20 lakhs and above, the bar of jurisdiction under S. 18 of the Recovery Act, 1993 do not apply to recovery actions initiated under Kerala Revenue Recovery Act, 1968, by the Banks and Financial Institutions for recovery of debts below Rs.20 lakhs. — Kerala High Court The Federal Bank Ltd v. State of Kerala Hon’ble Justice P.V. Kunhikrishnan Decided on 11th August, 2023 For Petitioner : Advs. Mohan Jacob George, P.V. Parvathy, Reena ...

[KVAT] Cancelling a compounding order even before issuing notice to the dealer proposing to cancel the order and without prior approval of the Deputy Commissioner is per se illegal. –– Kerala High Court M/S. Pallithara Jewellers v. Commercial Tax Officer Hon’ble Justice Shoba Annamma Eapen Decided on 2nd August, 2023 For Petitioner : Advs.S. Arun Raj & C.T. Suja For Respondents : Adv. V.K. Shamsudheen -GP For full textclick here