Consideration of the grant of relief when there is no prayer for that relief or no pleading to support such a relief, and also when the defendant had no opportunity to resist and oppose such relief would amount to miscarriage of justice. Kerala High Court sets aside the relief of mandatory injunction granted in favour of the Plaintiff to resume the government lease hold land as there was no pleadings or evidence to this effect and an opportunity to resist and oppose such a relief was not given...

Limitation to file an appeal under Section 17 of Kerala Land Conservancy Act, 1957 starts from the date on which the applicant or appellant received the order against which the revision is filed. Unless an Order is served on the applicant, the delayed revision filed cannot be dismissed as time barred. Kerala High Court emphasised that while considering the delaycondonation petitions, the statutory authoritiesshould take a pragmatic approach. 2024 KLT OnLine 1760 Hon’ble Mr. Justice P.V....

In order to attract offence of cruelty to child under Section 75 ofthe JJ Act, the offender should be a person, having actualcharge or control over the child and no other person wouldcome within the purview of Section 75 of the JJ Act. 2024 KLT OnLine 1761 Hon’ble Mr. Justice A. Badharudeen Shyju v. State of Kerala Decided on 26thJune, 2024 For full judgment 'click here'

Can an interim order protecting a woman in a domestic relationship from being dispossessed from the shared household, qualify as a protection order? A right of access to a shared household can be treated as a protection order if the terms of the order treat it as a measure of protection for a woman in a domestic relationship. Thus the nature and content of the order issued by the Magistrate determines its character as a protection order or as a residence order. 2024 KLT OnLine 1747 Hon’...

Kerala High Court issues Office Memorandum regarding serving notice through Special Messenger. For Office Memorandumclick here