Writ Court Can't Implement Decree Without Public Law Element : Kerala HC Dismisses Appeal Challenging Non-Intervention In Consecration Of New Catholicos
3 years ago

Writ Court Can't Implement Decree Without Public Law Element : Kerala HC Dismisses Appeal Challenging Non-Intervention In Consecration Of New Catholicos

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The Kerala High Court on Thursday dismissed an appeal moved by Orthodox parishioners against a single-judge order that refused to intervene in the consecration of new catholicos of the Malankara Orthodox Syrian Church without canonically inviting the Patriarch of Antioch.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas refused to interfere with the impugned order. The Kerala High Court on Thursday dismissed an appeal moved by Orthodox parishioners against a single-judge order that refused to intervene in the consecration of new catholicos of the Malankara Orthodox Syrian Church without canonically inviting the Patriarch of Antioch. If there is no public law element to invoke Article 226 of the Constitution, the High Court cannot act on prayers to implement the judgment of the Apex Court." "In a dispute involving pure private law element, the constitutional court shall not invoke writ jurisdiction to enforce a judgment, unless enforcement itself lies on Public Law.

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History of this topic

Writ Court Can't Intervene On Issues Relating To Conduct Of Rituals In Church, Parties Already Before Civil Court: Kerala High Court
11 months, 4 weeks ago

Writ Court Can't Intervene On Issues Relating To Conduct Of Rituals In Church, Parties Already Before Civil Court: Kerala High Court

Live Law  

The Kerala High Court has stated that the Writ Court cannot intervene in the manner of conducting rituals in church under Article 226 of the Constitution especially when civil proceedings were pending between the parties. “It is thus obvious that, on issues relating to the conduct of rituals in the Church, this Court cannot intervene, while acting under Article 226 …

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC
1 year ago

Can't Invoke Writ Jurisdiction To Question Sufficiency Or Adequacy Of Evidence In Support Of Particular Conclusion In Disciplinary Proceedings: Kerala HC

Live Law  

The Kerala High Court stated that writ jurisdiction under Article 226 of the Constitution cannot be invoked to re-appreciate the evidence in a domestic enquiry conducted by the disciplinary authorities. Kunhikrishnan relied upon the Apex Court judgement in Union of India v. H C Goel to state that the writ jurisdiction of the High Court cannot be invoked to consider …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

No Finality For Kerala HC's Observation That Church Assets Are Public Trusts & Not Governed By Canon Law : Supreme Court
2 years ago

No Finality For Kerala HC's Observation That Church Assets Are Public Trusts & Not Governed By Canon Law : Supreme Court

Live Law  

The Supreme Court on Friday clarified that the observations made by the Kerala High Court in Cardinal George Alencherry's case regarding canon law and the power of the Bishops to alienate church assets are prima facie in nature and no finality can be attached to them.While dismissing the petition filed by Alencherry, the Major Archbishop of Syro-Malabar Church, to quash …

Canon Law Leading To Clergy's Authoritarianism, Law Needed For Democratic Governance Of Church Assets : Laity Group To Supreme Court
2 years, 7 months ago

Canon Law Leading To Clergy's Authoritarianism, Law Needed For Democratic Governance Of Church Assets : Laity Group To Supreme Court

Live Law  

The Kerala Catholic Church reformation movement, a registered Catholic Association approached the Supreme Court supporting the Kerala High Court's judgment which held that Bishops have no power to alienate the church assets and that their powers are confined to religious and spiritual matters. The Association has submitted that any order reversing the Kerala High Court judgement will definitely "have a …

'A Tragedy Of Mammoth Proportions': Kerala High Court Expresses Distress In Church Feud Case
3 years, 5 months ago

'A Tragedy Of Mammoth Proportions': Kerala High Court Expresses Distress In Church Feud Case

Live Law  

Dissatisfied by the developments ensuing in the never-ending dispute between the Orthodox and Jacobite factions in the State, the Kerala High Court made significant observations in the matter on Tuesday.Calling the entire matter a 'tragedy', Justice Devan Ramachandran orally remarked:"The problem here is that blood is being shed at the cost of faith. Dissatisfied by the developments ensuing in the …

Government Cannot Plead Helplessness: Kerala High Court Slams State Over Inaction In Orthodox-Jacobite Row
3 years, 6 months ago

Government Cannot Plead Helplessness: Kerala High Court Slams State Over Inaction In Orthodox-Jacobite Row

Live Law  

Considering the number of pending cases seeking protection involving churches belonging to the Malankara Syrian Orthodox Church, the Kerala High Court has sought the response of the State in the matter. The Court also found that the premise of matters arising from the Malankara Syrian Orthodox Church row was well settled in the landmark decision of the Apex Court in …

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties
4 years, 1 month ago

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties

Live Law  

Can writ jurisdiction be invoked for effective settlement of disputes between private parties? A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence by writ courts could help in delivery of justice.In this case, the Secretary of the. A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence …

Kerala Church Dispute: Supreme Court Dismisses Writ Petition Filed Against High Court Direction Handing Over Mulanthuruthy Church to Orthodox Group [Read Order]
4 years, 5 months ago

Kerala Church Dispute: Supreme Court Dismisses Writ Petition Filed Against High Court Direction Handing Over Mulanthuruthy Church to Orthodox Group [Read Order]

Live Law  

In the latest development in the feud between Jacobite and Malankara Orthodox factions in Kerala, the Supreme Court on Wednesday dismissed a writ petition which was filed against the order of the High Court of Kerala directing the handing over of Mulanthuruthy Marthoman Church to Orthodox faction.The petition was filed by Santhosh Mathai and Roy Thomas, two persons belonging to …

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]
4 years, 6 months ago

Writ Petition Under Article 226 Against NCLT Order Not Maintainable: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala has held that writ jurisdiction under Article 226 cannot be invoked to challenge an order passed by the National Company Law Tribunal.Accordingly, a division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly set aside a judgment passed by a single bench, which granted a limited relief to a party in a challenge …

[Refusal To Solemnize Marriage] Writ Petition Is Not Maintainable Against A Church, Holds Kerala HC [Read Judgment]
4 years, 8 months ago

[Refusal To Solemnize Marriage] Writ Petition Is Not Maintainable Against A Church, Holds Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that a writ petition is not maintainable against a church for its refusal to solemnize marriage. The Bench comprising of the Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that a marriage involves relationship between the parties, which clearly falls within the ambit of private law and no public function is involved …

[Kerala Church Dispute] SC Dismisses Petition Seeking Clarifications Of Its Judgment [Read Order]
4 years, 9 months ago

[Kerala Church Dispute] SC Dismisses Petition Seeking Clarifications Of Its Judgment [Read Order]

Live Law  

The Supreme Court has dismissed a petition filed seeking clarifications of its judgment in Kerala Church Dispute case. The court had held thus in the KS Varghese case: Malankara Church is Episcopal in character to the extent it is so declared in the 1934 Constitution. As the 1934 Constitution is valid and binding upon the parish churches, it is not …

Writ Petition Not Maintainable Against Church For Refusing To Solemnize Marriage: Kerala HC [Read Judgment]
5 years, 5 months ago

Writ Petition Not Maintainable Against Church For Refusing To Solemnize Marriage: Kerala HC [Read Judgment]

Live Law  

Holding that a writ would not lie to enforce purely private law rights, the Kerala High Court observed that no public duty or public function is being carried out by a Church by solemnization of marriage between two members of the diocese.The issue raised in the petition filed by a couple was whether the Church or the Diocese, of which …

'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 …

'Tell Judges in Kerala That They Are Part of India': Justice Arun Mishra In Malankara Church Matter
5 years, 6 months ago

'Tell Judges in Kerala That They Are Part of India': Justice Arun Mishra In Malankara Church Matter

Live Law  

"Tell judges in Kerala that they are part of India," the Supreme Court said on Friday while taking strong exception to the state high court's tinkering of its 2017 verdict on right to conduct administration and prayers in churches in a dispute between two factions.The top court set aside the Kerala High Court order that prayer services at the churches …

Kerala HC Dismisses PIL Challenging Pope's Authority Over Church Properties In India [Read Judgment]
5 years, 8 months ago

Kerala HC Dismisses PIL Challenging Pope's Authority Over Church Properties In India [Read Judgment]

Live Law  

The High Court of Kerala on Monday dismissed a Public Interest Litigation which sought to declare the 'Code of Canon' giving the Pope of Catholic Church powers over Church properties in India as 'unconstitutional and opposed to the sovereignty of India'.The petitioner Anoop M S contended that the Pope in Vatican can have no say in the transaction of the …

Article 226 Can't Be Used For Deciding Disputes For Which Civil And Criminal Remedies Are Available: SC [Read Judgment]
6 years, 3 months ago

Article 226 Can't Be Used For Deciding Disputes For Which Civil And Criminal Remedies Are Available: SC [Read Judgment]

Live Law  

‘The remedy under Article 226 of the Constitution shall not be available except where violation of some statutory duty on the part of statutory authority is alleged. ‘The Supreme Court has observed that a regular suit, and not a writ petition, is the appropriate remedy for settlement of the disputes relating to property rights between private persons.The Kerala High Court, …

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