14/02/2024
[Registration of Births and Deaths Act] Power to call for information under Section 21 does not authorise the Registrar to conduct a roving enquiry through police or to compel the child and the parents to undergo a DNA test. Romeo Victor v. Cheranalloor Grama Panchayath Decided on 7th February, 2024 By Hon’ble Justice V.G. Arun For Petitioner : Advs. P.A. Mujeeb, Reshma R., Nezrin T. Ibrahim, Sreelakshmi. P., Salwa T Muhammed, T.A. Athira & Muhammad Hashir M For Respondents : Adv. Bim...
view more14/02/2024
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...
view more13/02/2024
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...
view more13/02/2024
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)
view more09/02/2024
“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
view more