Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates
3 years, 1 month ago

Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates

Live Law  

The Kerala High Court on Tuesday held that a mere temporary shift of residence cannot be the basis on which a matter pending before the competent jurisdiction is transferred, particularly when the petitioner's permanent residence is within the jurisdiction of the competent court. Observing so, Justice A. Badharudeen refused to entertain a transfer petition filed by a woman who had sought for a transfer of the four cases pending before the Pathanamthitta Family Court to Ernakulam merely because she was presently residing with her cousin. "I do not think mere temporary stay for some reasons cannot be the foundation for transferring matters pending before the competent jurisdiction filed by the petitioner, who is a permanent resident within the jurisdiction of the said court." "The same would go to show that the petitioner wants to transfer four cases pending before the Family Court, Pathanamthitta, inclusive of cases filed by her showing her permanent address at Pathanamthitta, after a period of three years merely on the ground that she is temporarily staying at his cousin's house."

Jurisdiction Court Ernakulam Filed Petitioner Pending Competent Jurisdiction Competent Residence Pathanamthitta Transfer Matters Cases Kerala Temporary Shift  reiterates  competent  temporary  filed  court  residence  petitioner  cases  kerala  shift  jurisdiction  transfer  matters  high  pending

History of this topic

Retired Doctor Moves Kerala High Court To Appoint A Custodian For Her Living Will
3 months, 3 weeks ago

Retired Doctor Moves Kerala High Court To Appoint A Custodian For Her Living Will

Live Law  

A retired doctor recently moved the Kerala High Court seeking a custodian for her living will. A living will contains instructions about the medical treatment to be administered in future when the person is terminally ill or no longer able to give informed consent. The matter came before Justice Gopinath P. As per the procedure laid down by Supreme Court, …

Defection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High Court
1 year, 1 month ago

Defection | Withdrawal Of Earlier Petition Against Defection Sufficient Ground To Condone Delay In Filing Subsequent Petition: Kerala High Court

Live Law  

The Kerala High Court has held that if an election petition filed before the Election Commission within statutory period is withdrawn, the same will be sufficient cause for another person to seek condonation of delay in moving the subsequent election petition. "Once an original petition is filed before the Election Commission alleging defection within a statutory period and suppose the …

[Transfer Of Possessory Rights] Sub-Registrar Can't Refuse Registration For Lack Of Prior Title Documents: Kerala High Court
1 year, 8 months ago

[Transfer Of Possessory Rights] Sub-Registrar Can't Refuse Registration For Lack Of Prior Title Documents: Kerala High Court

Live Law  

The Kerala High Court recently reiterated that the inability of persons transferring possessory rights to produce prior title documents is not a valid reason for the Sub Registrar to refuse registration.Justice Gopinath P thus emphasised that possessory rights can be transferred without any legal barriers, emphasising that the Sub Registrar should not inquire into the nature of. The Kerala High …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 8 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 …

Kerala High Court Pulls Up State Authorities For Not Setting Up Temporary Detention Centres For Foreign Citizens Lacking Travel Documents
2 years, 6 months ago

Kerala High Court Pulls Up State Authorities For Not Setting Up Temporary Detention Centres For Foreign Citizens Lacking Travel Documents

Live Law  

The Kerala High Court on Thursday, pulled up the State Authorities for failing to implement its orders for setting up of temporary detention centres for foreign citizens, who do not possess travel documents, and has directed the Secretary to Social Justice Department and Additional Chief Secretary, Home and Vigilance Department to set up the temporary facility on a war footing …

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court
2 years, 7 months ago

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

Live Law  

The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of attorney. Observing so, Justice C.S Dias transferred all the pending cases between a couple to the court near the permanent residence of their child. …

Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala High Court
3 years, 2 months ago

Temporary Shift Of Residence By Itself Not A Valid Ground For Transfer Of Cases: Kerala High Court

Live Law  

While considering a series of transfer petitions moved by a woman, the Kerala High Court ruled that shifting from permanent residence to a temporary residence by itself is not a ground to transfer cases pending within the jurisdiction of the permanent residence of both parties.Justice A. Badharudheen dismissed the transfer petitions observing that allowing such pleas would result in cases. …

Kerala High Court stays revision of stamp duty for land transfer in Lakshadweep
3 years, 8 months ago

Kerala High Court stays revision of stamp duty for land transfer in Lakshadweep

The Hindu  

The Kerala High Court on Thursday stayed for three weeks the order of the Lakshadweep administration revising the stamp duty for transfer and registration of land on the islands. According to him, the stamp duty for the transfer of an interest of the landed property had been drastically increased from 1% to 6% for females, 7% for a jointly owned …

Convenience Of Wife Has To Be Preferred Over That Of Husband While Considering Transfer Petitions In Matrimonial Disputes: Kerala HC [Read Order]
4 years, 6 months ago

Convenience Of Wife Has To Be Preferred Over That Of Husband While Considering Transfer Petitions In Matrimonial Disputes: Kerala HC [Read Order]

Live Law  

In matrimonial disputes, while considering transfer petitions, the convenience of the wife has to be preferred over the convenience of the husband, the Kerala High Court observed in an order passed on Monday.The Court observed thus while allowing a Transfer Petition filed by a wife, against whom the Husband had filed divorce petition before Family Court, Pathanamthitta. In matrimonial disputes, …

Can a Judge deliver a Judgment once the warrant of transfer is issued by the President? Last Verdict by Manjula Chellur as Kerala CJ triggers debate
10 years, 7 months ago

Can a Judge deliver a Judgment once the warrant of transfer is issued by the President? Last Verdict by Manjula Chellur as Kerala CJ triggers debate

Live Law  

A judgment delivered by Chief Justice of Kerala High Court Manjula Chellur has become the centre of debate by jurists because it was delivered 4 days after a warrant was issued by the President of India transferring Chief Justice Manjula Chellur to the Calcutta high court. In the Anil Roy v. State of Bihar case in 2011, the Supreme Court …

Can a Judge deliver a Judgment once the warrant of transfer is issued by the President? Last Verdict by Manjula Chellur as Kerala CJ triggers debate
10 years, 7 months ago

Can a Judge deliver a Judgment once the warrant of transfer is issued by the President? Last Verdict by Manjula Chellur as Kerala CJ triggers debate

Live Law  

A judgment delivered by Chief Justice of Kerala High Court Manjula Chellur has become the centre of debate by jurists because it was delivered 4 days after a warrant was issued by the President of India transferring Chief Justice Manjula Chellur to the Calcutta high court. In the Anil Roy v. State of Bihar case in 2011, the Supreme Court …

Discover Related