Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]
6 years, 9 months ago

Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]

Live Law  

The High Court of Kerala has clarified that an order adjudicating a claim over a property under attachment before judgment is appealable as if it was a decree. The clarification was made by a division bench comprising Justice V Chitambaresh and Justice Narayana Pisharadi, answering a reference whether such an order could be challenged in an original petition under Article 227 of. The clarification was made by a division bench comprising Justice V Chitambaresh and Justice Narayana Pisharadi, answering a reference whether such an order could be challenged in an original petition under Article 227 of the Constitution. The division bench noted that as per Order XXXVIII Rule 8 of the Code of Civil Procedure, claim petitions on property under attachment before judgment should be adjudicated in the manner provided for adjudication of claims with respect to property under attachment in execution of a decree.

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History of this topic

Appellate Authority Must Consider Prior Judicial Observations When Reconsidering Disciplinary Action: Kerala HC
4 days, 7 hours ago

Appellate Authority Must Consider Prior Judicial Observations When Reconsidering Disciplinary Action: Kerala HC

Live Law  

Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed writ appeals challenging an order that remanded a disciplinary case back to the Appellate Authority for reconsideration. The court held that an Appellate Authority must properly consider prior judicial observations when reconsidering disciplinary action and cannot simply adopt a judicial review approach. By judgment …

Kerala HC declines to pass interim order to proceed with inquiry into Munambam land issue
5 days, 12 hours ago

Kerala HC declines to pass interim order to proceed with inquiry into Munambam land issue

New Indian Express  

KOCHI: The Kerala High Court on Friday declined to pass an interim order on the request made by the state government to permit the enquiry commission led by Justice C N Ramachandran Nair to proceed with the inquiry into the Munambam land issue. When the appeal filed by the state government challenging the single judge's order quashing the appointment of …

Joint Commissioner Has Jurisdiction To Initiate Proceedings Against Assessment Order Passed Pursuant To Remand: Kerala High Court
1 week, 5 days ago

Joint Commissioner Has Jurisdiction To Initiate Proceedings Against Assessment Order Passed Pursuant To Remand: Kerala High Court

Live Law  

The Kerala High Court stated that Joint Commissioner has jurisdiction to initiate proceedings under Section 56 of the KVAT Act against assessment order passed pursuant to remand. Pursuant to the remand by the First Appellate Authority, a fresh assessment order was passed by the Assessing Authority substantially reducing the tax liability of the assessee for the said assessment year. The …

Burden Is On Assessee To Show Entitlement For Capital Gains Tax Exemption On Sale Of Agricultural Land: Kerala High Court
2 weeks, 2 days ago

Burden Is On Assessee To Show Entitlement For Capital Gains Tax Exemption On Sale Of Agricultural Land: Kerala High Court

Live Law  

The Kerala High Court stated that burden of proof is on assessee to prove that he is entitled to capital gains tax exemption on sale of agricultural land. Jayasankaran Nambiar and Easwaran S. observed that “it is significant in this regard to observe that the claim of the assessee, being for exemption from the levy of income tax as applicable …

Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court
2 weeks, 6 days ago

Only Such Subsequent Events That Completely Negate Landlord's Needs Are Decisive For Overturning Eviction Order: Kerala High Court

Live Law  

The Kerala High Court has made it clear that only those subsequent events that completely negate the landlord's needs could be considered as decisive for overturning an already passed eviction order. The Rent Control Court again found that the landlords were not entitled to get eviction since they were in possession of other vacant rooms also which they could use …

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

Needs Great Care: Kerala HC Cautions On Comparing Signatures Based On Photocopy When Original Document Is Absent, Calls It 'Slippery Slope'
1 month, 4 weeks ago

Needs Great Care: Kerala HC Cautions On Comparing Signatures Based On Photocopy When Original Document Is Absent, Calls It 'Slippery Slope'

Live Law  

The Kerala High Court recently cautioned that comparing signatures based on photocopy, in the absence of an original document, is a “slippery slope” and should be done with great care and circumspection. The defendants argued that Rs.45 lakhs received from the lawyer "was in fact not a loan to clear off the Bank dues as alleged", but an "advance" amount …

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 4 weeks ago

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

Live Law  

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 …

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court
2 months, 3 weeks ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law  

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court
3 months, 3 weeks ago

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court

Live Law  

The Kerala High Court has observed that for the Rent Control Court to assess the genuineness of the claim of permanent tenancy or denial of title, the pleading must be clear, specific, unequivocal and explicit. “The Pleading regarding the denial of title or the claim for permanent tenancy must be clear, specific, and unequivocal, without which the Rent Control Court …

Unjustified For Bank To Proceed Against Property Based On Prior Settled Mortgage, When No New Mortgage Was Created: Kerala High Court
3 months, 4 weeks ago

Unjustified For Bank To Proceed Against Property Based On Prior Settled Mortgage, When No New Mortgage Was Created: Kerala High Court

Live Law  

The Kerala High Court has observed that it was not appropriate to proceed against the property of a guarantor who has not created mortgage over the property as collateral, merely because the guarantor had previously acted as a surety in another mortgage that has already been settled. In the case before the high court, the petitioner company mortgaged its property …

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay
4 months, 1 week 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 …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months, 1 week ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

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 …

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court
4 months, 3 weeks ago

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court

Live Law  

The Division Bench of Kerala High Court comprising Justices A.K. observed that “the concern of the Assessing Authority, while passing a consequential order, has to be limited to those specific issues that have been remanded to it for consideration by the Commissioner……….” Section 263 of the Income Tax Act, 1961 empowers the Commissioner of Income Tax to revise any order …

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court
7 months, 3 weeks ago

Revisional Jurisdiction Available , Writ Not Maintainable Against First Appellate Authority Order : Kerala High Court

Live Law  

The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building Tax Act.The bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V.M. The Kerala High Court has held that the writ petition is not maintainable against the first appellate authority's order under the Kerala Building …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
7 months, 3 weeks ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court on Wednesday reserved its verdict on a writ petition challenging the State Information Commission’s order directing the Kerala government to make public the Justice K. Hema Committee report on women’s working conditions in the Malayalam film industry with limited redactions. The Kerala Women’s Commission and the Women in Cinema Collective, which were impleaded in the case, …

"Callous & Casual Attitude Of State Towards Proceedings" : High Court Slams Kerala Govt For Not Filing Counter-Affidavit
9 months, 1 week ago

"Callous & Casual Attitude Of State Towards Proceedings" : High Court Slams Kerala Govt For Not Filing Counter-Affidavit

Live Law  

The High Court in a recent order came down heavily on the State Government for the callous and casual attitude they are having towards the Court proceedings. Justice Dinesh Kumar Singh observed: “This callous and casual approach of the State Government does not augur well in the dispensation of justice and would only show disrespect to the High Court, the …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
10 months, 2 weeks ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
11 months, 1 week 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 Quashes Assessment Order Issued Without Effective Hearing Due To Technical Issues With Link Provided For Video Conferencing
11 months, 2 weeks ago

Kerala High Court Quashes Assessment Order Issued Without Effective Hearing Due To Technical Issues With Link Provided For Video Conferencing

Live Law  

The Kerala High Court has quashed an assessment order passed under the Income Tax Act on finding that the assessee was not provided an effective hearing. Allowing the writ petition, Justice Dinesh Kumar Singh held that the impugned assessment order was issued contrary to the principles of natural justice since there was no effective hearing. The bench said: “Considering the …

Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority
1 year, 1 month ago

Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority

Live Law  

The Madras High Court has recently set aside a provisional attachment order made by the Deputy Director of ED and confirmed by the adjudicating authority after noting that the provisional attachment was not made per law. The court was hearing two pleas challenging the provisional attachment order and the entries made in the encumbrance certificate. The court was informed that …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 2 months ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

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 …

S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court
1 year, 3 months ago

S.12 Kerala Rent Control Act | Tenant Can't Contest Eviction Application Unless Admitted Arrears Of Rent Are Deposited: High Court

Live Law  

The Kerala High Court has clarified that a tenant cannot contest an eviction application filed by the landlord under Section 11 of the Kerala Buildings Act, 1965 unless the admitted arrears of rent are cleared.A two-judge bench of Justice PB Suresh Kumar and Justice Johnson John said the tenant has to pay or deposit with the Rent Control Court or …

Kerala Buildings (Lease & Rent Control) Act | S.11(3) Does Not Apply When Landlord Obtains Vacant Possession After Eviction Petition: High Court
1 year, 4 months ago

Kerala Buildings (Lease & Rent Control) Act | S.11(3) Does Not Apply When Landlord Obtains Vacant Possession After Eviction Petition: High Court

Live Law  

The Kerala High Court on Wednesday laid down that the first proviso to Section 11 Kerala Buildings Act, 1965 does not apply to situations where the landlord obtains vacant possession of a building after the institution of the eviction petition. The first proviso to Section 11 restricts the power of the Rent Control Court in issuing an order directing the …

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 …

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court
1 year, 5 months ago

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

Live Law  

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act.It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K. The …

Order VIII Rule 6 CPC | Can't Reject Counter Claim If Omissions Pointed Only At Appellate Stage, Not During Trial: Kerala High Court
1 year, 6 months ago

Order VIII Rule 6 CPC | Can't Reject Counter Claim If Omissions Pointed Only At Appellate Stage, Not During Trial: Kerala High Court

Live Law  

The Kerala High Court has held that counterclaims have to be filed in accordance with the procedure prescribed under Order VIII Rule 6A-6G of CPC and any omissions in form and content of counterclaims has to be pointed by the opposite party at the trial stage itself. The counsel for the plaintiffs submitted that the counter claims filed by the …

No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court
1 year, 6 months ago

No Bar In Assessee Seeking Restoration Of Appeal After Being Unsuccessful In Availing Amnesty Scheme: Supreme Court

Live Law  

The Supreme Court has ruled that since appeal is a statutory remedy, the assessee cannot be barred from seeking restoration of the appeal which was withdrawn by him as a pre-condition for availing the benefit under an Amnesty scheme, if the assessee is subsequently unsuccessful in availing the benefit of the scheme. The court thus set aside the order of …

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court
1 year, 6 months ago

Order XXI CPC | Failure To Raise Objections Before Proclamation Of Sale Not Bar To Challenge An Irregular Sale: Kerala High Court

Live Law  

The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90 CPC does not preclude the appellant from challenging the sale if the mandatory procedures under Order XXI Rule 64 were not complied with. Order XXI Rule 64 CPC deals with the power of the court …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 9 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court
1 year, 9 months ago

Objection Filed After Sale Of Attached Property Barred Under Order 21 Rule 58 CPC, Family Courts Should Be Careful: Kerala High Court

Live Law  

The Kerala High Court recently held that an objection cannot be filed after the sale of attached property has been confirmed, as per the bar under proviso to Order 21 Rule 58. The Family Court allowed the claim petition filed by the 1st respondent and lifted the attachment finding that, there was nothing to prove title of the 2nd respondent …

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 …

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court
2 years ago

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court

Live Law  

The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Single Judge Bench of Justice Gopinath P. observed, "Even in respect of cases …

Lift Attachment Of Properties Attached Erroneously: Kerala High Court To Govt After State Says Assets Of Those Not Linked To PFI Also Attached
2 years, 2 months ago

Lift Attachment Of Properties Attached Erroneously: Kerala High Court To Govt After State Says Assets Of Those Not Linked To PFI Also Attached

Live Law  

The Kerala High Court on Thursday directed that the properties of those persons who have no connection with the Popular Front of India and which were erroneously attached by the authorities have to be 'released' to them by lifting the attachment of the properties. "The 2nd respondent, Additional Secretary shall forthwith ensure that the properties of those persons who have …

[Section 85(3) CrPC] Legal Heirs Of Accused Can Approach Court For Release Of Attached Property After Expiry Of Statutory Period: Kerala HC
2 years, 4 months ago

[Section 85(3) CrPC] Legal Heirs Of Accused Can Approach Court For Release Of Attached Property After Expiry Of Statutory Period: Kerala HC

Live Law  

Reiterating that there is no absolute prohibition in entertaining an application under Section 85 CrPC at the instance of an accused even after the expiry of statutory period, the Kerala High Court recently said that nothing will preclude the legal heir of the accused from submitting an application in this regard when the accused is no more.Justice Ziyad Rahman A. …

Kerala Cooperative Society Member Executing Instrument/Sale Deed In His Own Capacity Not Entitled To Benefit Of Stamp Duty Remission: Supreme Court
2 years, 5 months ago

Kerala Cooperative Society Member Executing Instrument/Sale Deed In His Own Capacity Not Entitled To Benefit Of Stamp Duty Remission: Supreme Court

Live Law  

The Supreme Court observed that a member of a cooperative society in Kerala executing an instrument/sale deed in his own capacity shall not be entitled to the benefit of remission of stamp duty.The bench of Justices MR Shah and Krishna Murari upheld the Kerala High Court Full Bench Judgment which held that the benefit of remission of stamp duty is …

Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court
2 years, 5 months ago

Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that the question whether a particular case is of exceptional nature or not to warrant action under Section 8 of Prevention of Money Laundering Act can be determined only by the appellate authority at the time of considering the merits of the appeal and not by a Court in exercise …

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee
2 years, 9 months ago

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee

Live Law  

The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has quashed the reassessment order issued without considering the reply filed by the assessee. The department submitted that the petitioner's reply was not taken into consideration while passing the impugned order under Section 148A of the Income Tax Act. The court directed the assessing officer to …

Arbitral Tribunal Framing An Issue Which Was Already Decided During Interim Award, Writ Maintainable :Meghalaya High Court
2 years, 10 months ago

Arbitral Tribunal Framing An Issue Which Was Already Decided During Interim Award, Writ Maintainable :Meghalaya High Court

Live Law  

The High Court of Meghalaya has held that a writ petition is maintainable against an order of the arbitral tribunal framing issue in respect of a claim that has finally been decided in the interim award. However, vide the impugned order the arbitral tribunal proceeded to frame an issue qua the claim already decided in the interim award. Analysis by …

Private Parties Can't Approach Courts Seeking Attachment Of Properties In Foreign States Under Chapter VIIA CrPC : Kerala High Court
2 years, 11 months ago

Private Parties Can't Approach Courts Seeking Attachment Of Properties In Foreign States Under Chapter VIIA CrPC : Kerala High Court

Live Law  

The Kerala High Court has held that the courts in India cannot entertain any request directly from any private parties or institutions to initiate proceedings for attachment of properties in foreign states and added that such requests can only be made by the Centre or appropriate authorities under Section 105 of Code of Criminal Procedure.Upon examining the legislative intent. The …

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry
3 years ago

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry

Live Law  

The Kerala High Court on Monday directed its Registrar to explain why a couple of writ petitions were not listed before a Bench on time despite all the defects being cured and recurring requests from the counsel for the petitioner. Jayasankaran Nambiar and Justice Mohammed Nias C.P sought a response from the Registry having found force in the submission of …

PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court
3 years, 1 month ago

PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court

Live Law  

The Supreme Court has observed that High Court's order of setting aside the provisional attachment order does not per se nullify the adjudication proceedings under Prevention of Money Laundering Act, 2002 and that the Adjudicating Authority can proceed for taking it to its logical end in accordance with law.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a. …

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]
3 years, 4 months ago

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]

Live Law  

Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of DesignationThe Supreme Court has observed that the principle of equal pay for equal work cannot be applied merely on basis of designation. "We find that reinstatement cannot be automatic, and the transgression of Section 25F being established, suitable compensation would be the appropriate remedy", the bench …

Appeal Against Ad-Interim Order In A Pending Writ Petition Not Maintainable: Kerala High Court
3 years, 5 months ago

Appeal Against Ad-Interim Order In A Pending Writ Petition Not Maintainable: Kerala High Court

Live Law  

The Kerala High Court recently reaffirmed that an appeal to a Division Bench cannot lie against an ad interim order passed by a Single Judge when the main writ petition is still pending before the Judge. Sudha while dismissing such an appeal, remarked: ".according to us, such orders cannot be impugned in an appeal under Section 5 of the Act, …

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 …

'Registry Cannot Adjudicate Maintainability': Judicial Officer's Plea Before SC Against Refusal To Register Curative Petition Against Dheeraj Mor Judgment
3 years, 8 months ago

'Registry Cannot Adjudicate Maintainability': Judicial Officer's Plea Before SC Against Refusal To Register Curative Petition Against Dheeraj Mor Judgment

Live Law  

A Judicial Officer has moved the Supreme Court challenging the Registry's order in which it refused to register the Curative Petition filed by him against the judgment in Dheeraj Mor vs. High Court of Delhi.In Dheeraj Mor, a three judge bench of the Apex Court had held that the civil judges are not eligible to seek direct recruitment to post …

Non Consideration Of Reply Filed By Assessee Amounts To Violation Of Natural Justice Principles: Kerala High Court
3 years, 9 months ago

Non Consideration Of Reply Filed By Assessee Amounts To Violation Of Natural Justice Principles: Kerala High Court

Live Law  

A Division Bench of the Kerala High Court while allowing an appeal on Thursday observed that non consideration of a reply filed by the assessee amounts to violation of the principles of natural justice, when the existence of such reply is within the knowledge of the assessing officer.The appellant M/S. A Division Bench of the Kerala High Court while allowing …

Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court
4 years, 4 months ago

Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court

Live Law  

An order under Section 9 of the Arbitration and Conciliation Act, passed by a Commercial Court below the level of a District Judge is appealable under Section 13 of the The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, the Kerala High Court has held.The Court observed thus while considering a petition challenging an order passed …

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