Plea Of Adjustment Should Be Raised Before Institution Of Suit: Kerala High Court Reiterates
2 years, 9 months ago

Plea Of Adjustment Should Be Raised Before Institution Of Suit: Kerala High Court Reiterates

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The Kerala High Court has reiterated that a plea of adjustment can be pressed into service only if raised before the institution of the suit and not afterwards, unlike a plea for set-off.Justice A. Badharudeen also noted that leave for filing additional written statements is usually not granted by courts if they are filed after a long delay. The Kerala High Court has reiterated that a plea of adjustment can be pressed into service only if raised before the institution of the suit and not afterwards, unlike a plea for set-off. Justice A. Badharudeen also noted that leave for filing additional written statements is usually not granted by courts if they are filed after a long delay. It was also highlighted that when set-off is raised in the written statement, the defendant has to pay a court fee but no court fee is to be paid for a plea of `adjustment'.

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History of this topic

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court
3 weeks, 3 days ago

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

Live Law  

The Kerala High Court observed that an appeal under Section 19 of the Contempt of Court Act will lie only in cases when the order is connected and incidental to the order of punishment for contempt. “Hence, the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, …

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC
1 month, 1 week ago

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC

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The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition. Snehalatha allowed the petition for amendment filed under Order VI Rule 17 CPC to incorporate reliefs under …

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 3 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

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The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court
3 months, 1 week ago

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court

Live Law  

The Supreme Court recently ruled that a delay condonation application with an appeal against an acquittal cannot be allowed because the prosecution's case is supported by a subsequent change of law. Bhatti heard the criminal appeal filed against the Kerala High Court's decision allowing the State's plea against the appellant's acquittal because a subsequent judgment of the Supreme Court favored …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
3 months, 2 weeks ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay
4 months ago

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay

Live Law  

The Kerala High Court stated that the medical condition cited by the assessee is not sufficient grounds to justify condoning a four-year delay in filing the appeal. Admittedly, the assessee filed appeals against the orders only in the month of February 2024 i.e., four years after the date on which the orders against which the appeal was sought to be …

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court
4 months, 2 weeks ago

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

Live Law  

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored. The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. When such a remedy is not …

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

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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 …

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court
9 months, 4 weeks ago

O.8 R.1 CPC | Right Accruing In Favor Of Plaintiff Due To Non-Filing Of Written Statement Within Stipulated Time Can Be Waived: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that a plaintiff can waive the right to take advantage of a defendant's failure to file a written statement within the stipulated time. Lal's counsel argued that the trial court erred in accepting written statements from the defendants, as they were filed after the expiration of the 120-day period …

Accused Can't Plead Guilty To Get Lesser Sentence, Court's Should Not Give Concessions Or Adopt Liberal Approach Due To Guilty Plea: Kerala High Court
10 months, 3 weeks ago

Accused Can't Plead Guilty To Get Lesser Sentence, Court's Should Not Give Concessions Or Adopt Liberal Approach Due To Guilty Plea: Kerala High Court

Live Law  

The Kerala High Court held that an accused cannot be imposed with a lesser sentence merely because he appeared before the Court through his counsel and pleaded guilty. Justice P Somarajan set aside the Trial Court's order by which a sentence of fine was imposed upon the accused. On the other hand, the sentence should reflect a proper balance.” The …

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
11 months ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
11 months, 2 weeks ago

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Live Law  

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005. The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court …

Previously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High Court
1 year, 1 month ago

Previously Instituted Suit Can't Be Stayed U/S 10 CPC On Ground That Subsequent Suit On Same Issue Is Pending Between Parties: Kerala High Court

Live Law  

The Kerala High Court has made it clear that when two suits between the same parties on the same issue are pending, it is only the subsequent suit which can be stayed in exercise of powers under Section 10 of the Civil Procedure Code. “Considering the fact that the suit filed by the respondent being the one filed earlier, it …

Correctness Of Valuation, Court Fees To Be Determined Before Commencement Of Trial: Kerala High Court
1 year, 3 months ago

Correctness Of Valuation, Court Fees To Be Determined Before Commencement Of Trial: Kerala High Court

Live Law  

The Kerala High Court recently laid down that when a dispute arises on the correctness of valuation and Court fees to be paid, it ought to be determined after permitting evidence on the same, before the commencement of trial on merits, due to it being a mixed question of fact and law. "If the Sub Court is of the opinion …

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court
1 year, 4 months ago

Amendments Not Required For Adjudication Of Real Issues Between Parties Ought Not To Be Allowed: Kerala High Court

Live Law  

The Kerala High Court recently set aside an order of the Magistrate Court allowing respondent's application in the suit to amend their pleadings stating that amendments, that are not required for adjudicating the real dispute between the parties and are outside the scope of the reliefs sought in the suit, ought not to be allowed. Moreover, the amendment sought for …

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal
1 year, 5 months ago

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal

Live Law  

The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit. The appellant herein had filed an application before the Sub Court, Sulthanbathery, seeking condonation of delay of 3,366 days in filing an appeal against the decree and judgment in …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 7 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Article 227 Can't Be Invoked To Interfere With Lower Court Proceedings Merely On Parties' Requests For Out-Of-Turn Hearings: Kerala High Court
1 year, 7 months ago

Article 227 Can't Be Invoked To Interfere With Lower Court Proceedings Merely On Parties' Requests For Out-Of-Turn Hearings: Kerala High Court

Live Law  

The Kerala High Court has held that although it possesses the authority to ensure that lower courts and tribunals adhere to their prescribed jurisdiction and functions in accordance with the law, this power granted under Article 227 of the Constitution does not grant the High Court the right to intervene in the proceedings of other courts or tribunals merely based …

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case
1 year, 9 months ago

Plea In Kerala High Court Challenges Special Court's Order Directing State To Produce Documents In Brewery License Case

Live Law  

A plea has been filed in the Kerala High Court for quashing the order issued by the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram seeking the production of documents by the State Government, in relation to the brewery allotment corruption case.The case pertains to the alleged graft in the issuance of brewery licenses by the previous administration of the …

When Can A Provision Be Held To Be Clarificatory With Retrospective Effect? Supreme Court Explains
1 year, 10 months ago

When Can A Provision Be Held To Be Clarificatory With Retrospective Effect? Supreme Court Explains

Live Law  

The Supreme recently held that for a subsequent order/provision/amendment passed to be considered a clarification to the original provision, it must not expand or alter the scope of the original provision and that the original must be sufficiently vague or ambiguous so as to require such clarification.The Apex Court observed while it was well established that a clarification or an …

Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court
2 years ago

Commercial Court Shall Not Allow Written Statement To Be Taken On Record After Lapse Of 120 Days From Service: Kerala High Court

Live Law  

The Kerala High Court recently held that the Commercial Court shall not allow a written statement filed in a suit to be take on record if 120 days has passed since the date of service of summons. The court also referred to the decision in Raj Process Equipments and Systems Pvt Ltd & Ors v. Honest Derivatives Pvt Ltd of …

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court
2 years, 7 months ago

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that cases pending before commercial courts in the State as on 18.03.2022 which have a pecuniary value less than Rs.10 lakh shall continue before the commercial courts.Justice A. Badharudeen observed that a transfer of such pending cases was not necessary since the Government Order increasing the pecuniary limit of commercial courts did not …

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC
2 years, 8 months ago

Art 226 | Writ Court Not Refrained From Granting Relief To Which Party Is Entitled Merely Because That Specific Relief Is Not Sought: Kerala HC

Live Law  

The Kerala High Court on Wednesday, while allowing a writ appeal, observed that the Court exercising power under Article 226 of the Constitution could not refrain from granting a relief to which a party is entitled, merely for the reason that a specific relief had not been sought in petition. Suresh Kumar and Justice C. S. Sudha, observed that, Merely …

When Judgment Debtor Pleads 'No Means', Execution Court Must Conduct Enquiry Before Issuing Arrest Warrant : Kerala High Court
3 years, 2 months ago

When Judgment Debtor Pleads 'No Means', Execution Court Must Conduct Enquiry Before Issuing Arrest Warrant : Kerala High Court

Live Law  

The Kerala High Court has recently held that if a judgment debtor appears before the court when served with a notice and contends that he has no means to pay off the decreed debt, the Court is bound to enquire into this contention before issuing a warrant of arrest under Order XXI Rule 40 of the Civil Procedure Code.Justice A. …

Can A Categorical, Wilful Admission Made In The Pleadings Be Struck Down By Filing Amendment Application? Kerala High Court Answers
3 years, 5 months ago

Can A Categorical, Wilful Admission Made In The Pleadings Be Struck Down By Filing Amendment Application? Kerala High Court Answers

Live Law  

The Kerala High Court recently held that a categorical or wilful admission made in the pleadings cannot be permitted to be withdrawn by way of amendment if such withdrawal would amount to totally displacing the case of the plaintiff and would cause him irreparable prejudice.Justice Badharudheen while dismissing a petition remarked:".if the amendment sought for is to strike down a …

Amendments In Written Statement Cannot Completely Displace Former Admissions: Kerala High Court
3 years, 6 months ago

Amendments In Written Statement Cannot Completely Displace Former Admissions: Kerala High Court

Live Law  

While dealing with a plea where a written statement was amended after the matter was listed for trial, the Kerala High Court observed that amendments made in a written statement cannot completely displace the former admissions made before the amendment. Justice V.G Arun while dismissing the original suit remarked: ".in the case at hand, the amendments would not only have …

Plea Before Kerala High Court Challenges GO Restricting Entry Of Unvaccinated Persons To Shops And Other Establishments
3 years, 7 months ago

Plea Before Kerala High Court Challenges GO Restricting Entry Of Unvaccinated Persons To Shops And Other Establishments

Live Law  

A writ petition has been filed before the Kerala High Court challenging the recent Government Order issued by the State which imposed restrictions on unvaccinated persons. The State government had on 4th August issued an order under the Disaster Management Act, 2005, relaxing the Covid1-9 restrictions imposed in the State. Clause IV of the said order reads as such: "Only …

Plea Before Kerala High Court Challenges GO Restricting Entry Of Unvaccinated Persons To Shops And Other Establishments
3 years, 7 months ago

Plea Before Kerala High Court Challenges GO Restricting Entry Of Unvaccinated Persons To Shops And Other Establishments

Live Law  

A writ petition has been filed before the Kerala High Court challenging the recent Government Order issued by the State which imposed restrictions on unvaccinated persons. The State government had on 4th August issued an order under the Disaster Management Act, 2005, relaxing the Covid1-9 restrictions imposed in the State. Clause IV of the said order reads as such: "Only …

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 …

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused
3 years, 9 months ago

Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused

Live Law  

A Single Bench of the Kerala High Court while reversing the conviction imposed upon the petitioner on Tuesday, issued a set of guidelines to be followed in cases of an accused pleading guilty for the offences charged against him. The petition contends that the trial court convicted the petitioner of the above offences solely upon pleading guilty. The elaborate procedure …

Plea Assailing Re-Commencement Of Physical Hearings & Filings In Kerala HC: SC Asks SG To Seek Instructions From HC
4 years, 8 months ago

Plea Assailing Re-Commencement Of Physical Hearings & Filings In Kerala HC: SC Asks SG To Seek Instructions From HC

Live Law  

The Supreme Court on Friday directed the Solicitor General to seek instructions from the Kerala High Court in a plea seeking quashing of Notice by the High Court, which mandates re-commencement of physical filings of applications/petitions, except bail pleas w.e.f. Not only is it difficult for lawyers and clerks to travel due to lockdown restrictions, it is also challenging to …

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