Kerala Fishermen Debt Relief Commission cannot interdict a secured creditor from enforcing the security interest created under the SARFAESI Act, 2002. Kerala High Court rules thatSecuritisation Act will override the provisions of Kerala Fisherman Debt Relief Commission Act 2008. 2024 KLT OnLine 1255 Hon’ble Mr. Justice Easwaran S. State Bank of India v. Jespin Raju Decided on 27th March, 2024 For Petitioner : Advs. Manu George Kuruvilla & Amal George For Respondents : Advs. T.B. Hoo...

THE HIGH COURT OF KERALA HCKL/3359/2024-DI-1 Kochi : 682031 Email: d1section.hc-ker@gov.in Phone: 0484 2562985 Date: 02-04-2024 OFFICIAL MEMORANDUM Sub:- The Kerala Finance Bill, 2024 - Amendments to the Kerala Court Fees and Suits Valuation Act, 1959 - Reg. Ref:- 1) The Kerala Finance Bill, 2024 (copy attached) 2) Sections 3 and 4 of the Kerala Provisional Collection of Revenues Act, 1985 The Government, vide reference cited first above, proposed certain amendments to the Kerala Court Fees ...

[Contract Act] Any forbearance or leverage granted by the creditor to the principal debtor, if it is for a temporary period or by way of temporary adjustment granting some time to discharge the liability without affecting any contractual obligation or period of limitation, such grant would fall within the ambit of “mere forbearance to sue” and there cannot be any discharge of the surety or the indemnifier. 2024 KLT OnLine 1260 Hon’ble Mr. Justice P. Somarajan Kulathungal Auto...

[Indian Evidence Act] A person, who is a party to a document cannot contend against the terms of the document, in view of the bar under Sections 91 and 92 of the Indian Evidence Act, 1872 and in such cases, Exceptions 1 and 2 and Explanations 1 to 3 to Section 91 and proviso (1) to (6) to Section 92, would apply. 2024 KLT OnLine 1261 Hon’ble Mr. Justice A. Badharudeen Aayisa Anees v. Vinod Decided on 13th March, 2024 For Appellant : Advs. V.V. Surendran & P.A. Harish Fo...

Supreme Court refers Kerala’s suit against the Union Government on borrowing caps to Five Judge Bench; Refuses interim relief State of Kerala v. Union of India Hon'ble Mr. Justice Surya Kant & Hon'ble Mr. Justice K.V. Viswanathan Decided on 01.04.2024 For full judgment 'click here'