16/09/2023
Punishment before conviction is the antithesis of the rule of law. When the liberty of an individual is pitted against the remote possibility of a conviction much later, the scales of balance must lean in favour of the former. –– Bechu Kurian Thomas, J Thomas Daniel v. Enforcement Directorate Decided on 14th September, 2023 For Petitioners : Advs. C.S. Manu, C.A. Anupaman, T.B. Sivaprasad, C.Y. Vijay Kumar, Manju E.R., Dilu Joseph, Anandhu Satheesh & Alint Joseph For Respondent...
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No political flags or festoons to be erected in or around the temple. – Kerala High Court The Court reasoned that Temples stand as beacons of spiritual solace and tranquility, their sanctity and reverence being of paramount importance. Such hallowed spiritual grounds must not be diminished by political maneuverings or attempts at one-upmanship. R.Sreenath v. State of Kerala Hon’ble Justice Raja Vijayaraghavan V Decided on 5th September, 2023 For Petitioners : Advs.P.T. Sheejish, A. ...
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[Or. XXXII R.15 CPC] Mere questioning by the court and recording of answers alone is not sufficient compliance of the enquiry to determine mental infirmity of the litigant. – Kerala High Court Gopakumar v. Madhusoodanan Nair Hon’ble Justice P.Somarajan Decided on 21st August, 2023 For Petitioner : Adv G.S. Reghunath For Respondents : Advs. Ajit G Anjarlekar, M. Santhi, G. Ranju Mohan, Govind Padmanaabhan & G.P. Shinod For full textclick here
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[Kerala Land Assignment Rules] Even without there being a specific stipulation in the patta conditions, assigned land cannot be used by the holder of the land for the purpose other than the purpose, for which the land is assigned. Kerala High Court negates the contention of the Appellant that there is no prohibition of undertaking construction in a patta land as there is no specific stipulation in the patta barring other uses and observed that when a land is assigned specifically invoking the...
view more14/09/2023
If any individual is to be divested or deprived of the property right by the State, it ought not be done without giving compensation in accordance with law for the land so acquired for public purpose. Supreme Court emphasized the need for awarding compensation without delay. In the present case where there was five-decade delay in awarding compensation the court held that if there is an inordinate delay in passing an award Court can change the date of preliminary notification ordinarily applica...
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