In Ex-Parte Proceedings, Court Is Not Expected To Blindly Pass Orders In Favour Of The Party Which Is Present: Kerala High Court
1 month, 1 week ago

In Ex-Parte Proceedings, Court Is Not Expected To Blindly Pass Orders In Favour Of The Party Which Is Present: Kerala High Court

Live Law  

The Kerala High Court has held that in ex-parte proceedings, a Court can pass an order in favour of the party present only if they can successfully establish their rights or the liability of the opposite party. The Division Bench comprising of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar added that the court is not expected to blindly pass an order in favour of the party present. The court will grant an order in favour of a litigant only if he successfully establishes his right or liability of the opposite party. Equally, the court is not expected to blindly pass an order in favour of the prosecuting party for the fault of the defending side.” The Court.

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History of this topic

Oral Examination To Explain Interrogatories Shall Be Done Only In Extraordinary Situations: Kerala High Court
1 month, 2 weeks ago

Oral Examination To Explain Interrogatories Shall Be Done Only In Extraordinary Situations: Kerala High Court

Live Law  

The Kerala High Court held that courts should order oral examination only in exceptional cases for the purpose of getting further information if a person has not answered or answered insufficiently a question in the interrogatory. Under Order XI Rule 11 of CPC, if a person interrogated omits to answer or answers insufficiently, the Court on an application by the …

Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court
1 month, 3 weeks ago

Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court

Live Law  

The Madras High Court recently emphasized that courts should refrain from passing ex-parte orders in a routine manner and must only pass such orders when there is a real emergency which was shown through the plaint and averments. Pointing to the Supreme Court's direction in the case of Maria Margarida Sequeira Fernandes v. Erasmo Jack De Sequeira, in which the …

Kerala High Court quashes delimitation order in eight municipalities, one panchayat
3 months, 1 week ago

Kerala High Court quashes delimitation order in eight municipalities, one panchayat

New Indian Express  

Kerala HC seeks government’s view on new year party The High Court has sought the state government’s opinion on a petition seeking to prohibit the proposed new year music festival on December 31 at Chulika Estate, a landslide-prone area, organised by Boby Chemmanur. Planning a New Year party there barely six months after the landslide incident?” asked the court and …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
6 months, 2 weeks ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Cross Cases Shall Be Tried By The Same Court To Deter Conflicting Judgements On Similar Set Of Facts: Kerala High Court
11 months, 1 week ago

Cross Cases Shall Be Tried By The Same Court To Deter Conflicting Judgements On Similar Set Of Facts: Kerala High Court

Live Law  

The Kerala High Court reiterated that the same court shall try cross cases. On analyzing judicial precedents pertaining to trial of cross cases, The Court laid down the following reasons to state that the same court shall try cross cases. The parties sought committal of the case pending before the Magistrate to the Special Court since both cases are cross …

Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court
1 year, 2 months ago

Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court

Live Law  

The Kerala High Court has reiterated that a subsequent overruling judgment cannot disturb the conclusiveness of an inter parte order that has attained finality. By that time, the High Court order dismissing petitioner's revision had attained finality and its conclusiveness could not be altered by a subsequent judgment. The Magistrate however dismissed the application for further investigation moved by the …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 6 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal
1 year, 7 months ago

SC sets aside Kerala High Court order suspending conviction of MP Mohd. Faizal

The Hindu  

The Supreme Court on Tuesday set aside an order of a Single Judge Bench of the Kerala High Court suspending the conviction of Lok Sabha member in an attempt-to-murder case. ‘Societal interest’ In January, the Single Judge Bench of the High Court had suspended Mr. Faizal’s conviction on the ground that societal interest lay in averting an expensive election. However, …

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court
1 year, 10 months ago

"Out-Of-Turn" Hearings Can Cause Injustice To Other Litigants, Priority Should Be Given Only In Exceptional Cases With Genuine Reasons: Kerala High Court

Live Law  

The Kerala High Court on Monday held that litigants should be allowed to seek early disposal of their cases only in exceptional cases where justifiable and genuine reasons are made out before the appropriate court.The Court also took note of the increasing tendency of litigants to approach the High Court for expeditious disposal of lower court cases. The Kerala High …

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court
2 years, 6 months ago

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court

Live Law  

The Kerala High Court recently observed that an order passed without issuing notice to the opposite party cannot be brought under the purview of Section 36 CPC and it cannot be executed through court until the same is merged in a subsequent order after notice to the opposite party.Justice P. Somarajan observed that in cases where the ex parte order …

Jurisdiction To Be Tried As Preliminary Issue If Raised, Finding At Final Stage Will Cause Undue Hardship To Parties: Kerala High Court
2 years, 9 months ago

Jurisdiction To Be Tried As Preliminary Issue If Raised, Finding At Final Stage Will Cause Undue Hardship To Parties: Kerala High Court

Live Law  

The Kerala High Court has recently held that where a defendant raises the question of jurisdiction and an issue is framed in the suit regarding jurisdiction, for the convenience of the parties, the same should be tried as a preliminary issue.Justice A. Badharudeen added that the finding regarding jurisdiction at the final stage would only cause undue hardship to the …

Kerala High Court Passes Ex-Parte Interim Order Against ReporterTV On Reports Against Dileep's Brother-In-Law
2 years, 11 months ago

Kerala High Court Passes Ex-Parte Interim Order Against ReporterTV On Reports Against Dileep's Brother-In-Law

Live Law  

The Kerala High Court on Tuesday issued an interim ex-parte gag order against Reporter TV restricting it from publishing/broadcasting/telecasting any item concerning or relating to actor Dileep's brother in law, Suraj while reporting about the murder conspiracy case or the 2017 actor sexual assault case for the next three weeks. Finding force in these arguments, Justice Mohammed Nias C.P prohibited …

Party May Not Press Relief But Can't Prevent Family Court From Finding The Truth: Kerala High Court
2 years, 11 months ago

Party May Not Press Relief But Can't Prevent Family Court From Finding The Truth: Kerala High Court

Live Law  

The Kerala High Court recently held that the master of the proceedings before the Family Court is the presiding officer of the Family Court and not the parties while reiterating that the Family Court is competent to undertake any enquiry to find the truth.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas observed that a party may …

Plea In Supreme Court Against Kerala HC Judgment Quashing Govt. Scheme Allotting 80% Minority Scholarships To Muslims
3 years, 7 months ago

Plea In Supreme Court Against Kerala HC Judgment Quashing Govt. Scheme Allotting 80% Minority Scholarships To Muslims

Live Law  

The Minority Indians Planning and Vigilance Commission Trust has moved the Supreme Court against the decision of the Kerala High Court quashing Orders of the Kerala Government announcing scholarships to Muslim students and Latin Catholic/Converted Christians in the ratio 80:20.The High Court had allowed the PIL filed by the respondent herein, consequently quashing three Government Orders by. The Minority Indians …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 7 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

Representative Suit - Process Under Order 1 Rule 8 CPC Not Mandatory At Appellate Stage : Kerala High Court
3 years, 9 months ago

Representative Suit - Process Under Order 1 Rule 8 CPC Not Mandatory At Appellate Stage : Kerala High Court

Live Law  

Answering a reference against a division bench judgment, a 3-judge bench of the Kerala High Court has held that the publication of notice under Order 1 Rule 8 of the Code of Civil Procedure is not mandatory at the appellate stage of a representative suit.A 3-judge bench comprising Justices CT Ravikumar, V Shircy and K Haripal declared that the division …

Trial Judges Do Not Have Absolute Discretion To Prune Or Reject List Of Witnesses Submitted By Accused: Kerala High Court
4 years, 2 months ago

Trial Judges Do Not Have Absolute Discretion To Prune Or Reject List Of Witnesses Submitted By Accused: Kerala High Court

Live Law  

The trial Judges do not have absolute discretion to prune or reject the list of witnesses submitted by the accused, the Kerala High Court observed in a judgment delivered on Monday.Justice VG Arun observed that the trial court is empowered to interfere with only when the court is convinced that the application seeking issuance of summons is submitted for the …

'Kerala Is An India Territory; Its Courts Are Bound By SC Judgments': SC Sets Aside Kerala HC Order In Church Case [Read Order]
5 years, 6 months ago

'Kerala Is An India Territory; Its Courts Are Bound By SC Judgments': SC Sets Aside Kerala HC Order In Church Case [Read Order]

Live Law  

The scathing oral observations made by Justice Arun Mishra while hearing an appeal against a Kerala High Court order in Malankara Church case, is seen reiterated in an order passed by the Supreme Court.The bench, also comprising of Justice MR Shah, observed that, in future, violation of the orders and judgments by Courts 'will be viewed seriously'. The scathing oral …

Is Kerala Above Rule Of Law, Asks SC While Hearing Jacobite-Orthodox Church Dispute Matter [Read Order]
5 years, 8 months ago

Is Kerala Above Rule Of Law, Asks SC While Hearing Jacobite-Orthodox Church Dispute Matter [Read Order]

Live Law  

"Is Kerala above rule of law", an angry Supreme Court asked on Tuesday as it blasted the state government and threatened to put its chief secretary behind bars for not implementing its 2017 judgement on a dispute between two factions on right to conduct administration and prayers in churches.A bench comprising Justices Arun Mishra and M R Shah, which was …

Kerala Church Dispute Case: Police Bound To Enforce Court Orders, Says Kerala HC [Read Judgment]
6 years, 3 months ago

Kerala Church Dispute Case: Police Bound To Enforce Court Orders, Says Kerala HC [Read Judgment]

Live Law  

“Lawful order passed by a competent court, whether it be by a court of lowest jurisdiction or the highest court in the land, the police is bound to enforce it in accordance with law.“While considering a petition related to church case involving Jacobite and Malankara Orthodox factions, the Kerala High Court has observed that no discretion is vested in any …

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]
7 years, 8 months ago

Kerala HC Explains Doctrine Of "LAW OF CASE" -Binding Nature Of Previous Orders In Subsequent Stages Of A Case [Read Judgment]

Live Law  

In a curious case entangled in strange set of facts, a Division Bench of the Kerala High Court comprising Justices P.N Ravindran and Justice Dama Sheshadri Naidu had occasion to explain the doctrine of ‘law of case’, which deals with the binding nature of previous orders in subsequent stages of a case.A civil contractor had two arbitral awards passed in …

Single Bench Can’t Decide Some Question Of Law And Refer Rest To Division Bench: Kerala HC [Read Judgment]
8 years, 2 months ago

Single Bench Can’t Decide Some Question Of Law And Refer Rest To Division Bench: Kerala HC [Read Judgment]

Live Law  

It can only refer the entire case to division bench, the court said.The High Court of Kerala has held that a single judge, while referring a case to division bench, could only refer the entire case and he is not empowered to refer only some questions of law involved in that case and retain the rest.A bench comprising Justice CT …

Single Bench Can’t Decide Some Question Of Law And Refer Rest To Division Bench: Kerala HC [Read Judgment]
8 years, 2 months ago

Single Bench Can’t Decide Some Question Of Law And Refer Rest To Division Bench: Kerala HC [Read Judgment]

Live Law  

It can only refer the entire case to division bench, the court said.The High Court of Kerala has held that a single judge, while referring a case to division bench, could only refer the entire case and he is not empowered to refer only some questions of law involved in that case and retain the rest.A bench comprising Justice CT …

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]
8 years, 2 months ago

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]

Live Law  

Also if it finds that an examination of the advocate, as a witness in the case, is indispensable, the court held.The Kerala High Court in Kabeer vs. Nazrin, has held that a court, upon the request of an opposite party, can ask an advocate to relinquish his vakkalath only if it finds that an examination of the advocate as a …

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]
8 years, 2 months ago

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]

Live Law  

Also if it finds that an examination of the advocate, as a witness in the case, is indispensable, the court held.The Kerala High Court in Kabeer vs. Nazrin, has held that a court, upon the request of an opposite party, can ask an advocate to relinquish his vakkalath only if it finds that an examination of the advocate as a …

Single Bench of Kerala High Court doubts the correctness of a DB Judgment [Read Judgment]
10 years, 2 months ago

Single Bench of Kerala High Court doubts the correctness of a DB Judgment [Read Judgment]

Live Law  

A Single Bench of Kerala High Court presided over by Justice Dama Seshadri Naidu has doubted the correctness of the judgment rendered by a Division Bench led by the then Chief Justice of Kerala High Court, Dr. Manjula Chellur in the case of Jyothilal K. R. v. Mathai M.J., reported in 2014 KLT 147. Jyothilal's case however concludes that it …

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