Debts Recovery Tribunal has power to decide the status of a tenant under the Rent Control Act.- Kerala High Court A Bank or financial institution resorting to the provisions of the SARFAESI Act can be treated as “landlord” for the purpose of the RC Act as it is entitled to receive the rent of a building, which is a secured asset. It can resort to the RC Act for eviction of tenants from secured assets. Shiju Mani v. CSB Decided on 14th February, 2024 By Hon’ble Justice N. Nagar...

The relationship based on the marriage agreement cannot be termed as ‘marital relationship’, so as to bring the disputes arising out of or in relation to the relationship within the ambit of Family Courts Act. – Kerala High Court Mariamma Joseph v. Anitha @ Omana Decided on 19th January, 2024 By Hon’ble Justice V.G. Arun For Petitioner : Advs. D. Kishore, R. Muraleekrishnan (Malakkara), Meera Gopinath & Arya Joseph For Respondents : Advs. Abu Mathew & Jibu T.S (G...

A successor, who is seeking transfer of ownership of the vehicle, cannot be insisted to produce consent letter from the financier. Meena v. Joint Regional Transport Officer Hon’ble Chief Justice A.J. Desai & Hon’ble Justice V.G. Arun Decided on 5th February, 2024 For Petitioner : Advs. G. Hariharan, Praveen. H., K.S. Smitha & V.R. Sanjeev Kumar For Respondents : Advs. V. Tekchand, (Sr.GP), Devaprasanth P.J., Smini Jose & Suvin R. Menon, (CGC)

“Generality vs Enumeration” Principle Where a statute confers particular powers without prejudice to the generality of a general power already conferred, the particular powers are only illustrative of the general power, and do not in any way restrict the general power. Naresh Chandra Agrawal v. Institute of Chartered Accountants of India & Ors. Hon’ble Justice Pamidighantam Sri Narasimha & Hon’ble Justice Aravind Kumar Decided on 8th February, 2024

A student cannot decide the manner of the curriculum. Kerala High Court closes the Writ Petition filed by a student of the Government I.T.I., who sought to re-design the curriculum of the course rendering Saturdays to be holidays, to be used as an opportunity “to do additional permissible courses along with I.T.I. for better job perspective”. The Court disinclined to accede held that it cannot be left to a student to decide the manner of the curriculum, or the time frame that are r...