Non-verification of driver’s licence by the vehicle owner with RTO cannot be a ground for the Insurance company to recover compensation from the vehicle owner. Supreme Court held that in the absence of a mandate in the statutory provisions or in the insurance policy the insurance company cannot contend that there was willful breach of the condition of the insurance policy when the burden of proving a willful breach by the vehicle owner in verifying the driver's license was placed on t...

An offence under POCSO Act being an offence involving moral turpitude, a POCSO convict whose sentence exceeds two years is not entitled to re-issue of passport. : Kerala High Court A POCSO convict sentenced for three years imprisonment sought High Court’s direction for re-issue of the Passport. The applicant contented that since the criminal appeal against conviction has been admitted and the sentence has been suspended, he is entitled to obtain a Passport subject to the stipulations cont...

Any passing reference of the impugned judgment made by the Bench of the equal strength could not be a ground for review. SC dismisses review petitions sought for reviewing STO v. Rainbow Papers In the case of STO v. Rainbow Papers, the court had previously held that the State is considered a secured creditor under the GVAT Act, and the definition of secured creditor in the IBC does not exclude government or governmental authorities. Review petitions were filed seeking to revisit this judgment. ...

Without any pleadings or prayer from either side, Family Court cannot formulate issues and grant relief as to the paternity of the child or provide compensation to the child for causing mental trauma of denying paternity and such relief if granted cannot be upheld. –– Kerala HC Silymon v. Deepthi Hon’ble Justice Anil K. Narendran & Hon’ble Justice Sophy Thomas Decided on 18th September, 2023 For Petitioner : Advs. M.R. Anandakuttan, Mahesh Anandakuttan & M.A.Zohr...

“In this country we do not administer justice by plebiscite.”: Kerala HC quotes Judge Hiller B. Zobel (trial of Nanny, Louise Woodward) while granting anticipatory bail to two practicing lawyers accused of rape of their client. The case involves a complaint filed by a woman seeking a divorce who alleges that she was sexually abused by her lawyer and his colleague over a two-year period. The accused lawyers sought anticipatory bail. The complainant argues that granting bail to the ...