Under the unamended provision of Section 13 (8) of the SARFAESI Act borrower has right to redeem till the sale certificate is registered and the possession is handed over.: Supreme Court The Supreme Court put emphasis on its judgment in Celir LLP vs. Bafna Motors (Mumbai) Pvt. Ltd. & Ors., wherein it decided that as per the amended provisions of Section 13(8) of the SARFAESI Act, the right of the borrower to redeem the secured asset stands extinguishes on the very date of publication of the...

No jurisdiction for Lok Ayukta in matters of police investigation, filing of FIR and matters that should go to the court.: Kerala HC The writ petition challenges the Kerala Lok Ayukta's rejection of an application filed by a Sub Inspector of Police, accused of falsely implicating an advocate in a case, with the advocate arguing that the Lok Ayukta has the jurisdiction to address the matter as it is maladministration. The Court rejecting the argument of the Advocate held that Lok Ayukta lack...

Medical Negligence : Supreme Court overturns NCDRC judgment awarding compensation for negligence as the complainant was unable to prove breach of duty by the doctor. The complainant was a victim of a serious road accident and in the absence of any evidence proving that the complications including permanent respiratory tract deformity and voice-loss were only a result of the forced Nasotracheal Intubation (NI) opted by the doctor, it is not possible to conclude that subsequent resultant medical ...

Muslim wife not entitled to restitution of conjugal rights as a Muslim marriageis a contract. – Kerala High Court The wife appealed the Family Court's decision, which rejected her requests for the return of gold ornaments and restitution of conjugal rights. A prior compromise reached in earlier proceedings between the parties, involving the withdrawal of various claims, including gold items and criminal cases, and the husband agreeing to provide maintenance, was noted by the court. Th...

Kerala Digitisation of Court Records Rules, 2023 came into force w.e.f. 10.10.2023. For full textclick here