Court Fee Is Payable on the Principal Relief, Not the Ancillary Relief: Kerala High Court

Posted inCivil Cases & ProceeduresNo Comments
In Madathil Pakruti v. T.P. Kunjanandan [2025: KER:80993], the Kerala High Court has held that where a suit challenges multiple documents relating to the same property, a declaratory relief against a subsequent document — whose fate depends entirely on the outcome of the challenge to an earlier document — is merely ancillary. The Court fee in such case need be computed only on the principal relief, in terms of the proviso to Section 6(1) of the Kerala Court Fees and Suits Valuation Act, 1959.

A Grama Panchayat is Entitled to Cut or Remove a Tree or its Branch only When it Poses an Imminent Danger.

Posted inLocal Government LawsNo Comments
The High Court of Kerala, in Gopinath R v. Ombudsman for Local Self Government Institutions ([2026: KER: 44156]), observed that Section 238 of the Kerala Panchayat Raj Act, 1994, empowers a Grama Panchayat to cut or remove any tree, branch, portion, or fruit if it is likely to fall and endanger any person, structure, or cultivation.

Drafting Argument Notes or Written Submissions for Final Hearing: A Guide

Posted inArticlesNo Comments
Always keep written arguments simple, plain and effective. It is better not to write like an articulate lawyer. Rather it is always well paying if you try to make the note simple enough in such a way that a stranger could read and understand it. Use a style which is clear, concise and focused. Use language that is active, all-inclusive (covering every aspect), and visual (that provides a mental picture) in such a way it gives the readers a vivid picture of the things with colour, context and action.

Wife Cannot Be Denied Half Share in Joint Property by Claiming Husband Paid the Purchase Amount

Posted inMatrimonial and Maintenance CasesNo Comments
While allowing a wife's appeal challenging the Family Court's order declaring her husband as the absolute owner of the property purchased in their joint names, the Kerala High Court, in A v. B. and Another [2026:KER:54162], has held that the property in joint names cannot be claimed by the husband alone on the ground of paying the entire amount, unless there is evidence to show that the property was held on trust or that the property was fraudulently purchased in the name of one spouse.

Approbate and Reprobate: What the Legal Doctrine Means

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Approbate and reprobate is a legal doctrine which means one cannot accept and reject the same thing, blow hot and cold, or take two opposite stands. It is based on the Latin maxim quod approbo non reprobo ("that which I approve, I cannot disapprove"). It stops a person from taking advantage of a deal or court order and then later claiming it is invalid to get a different advantage.

Failure to Communicate the Grounds of Arrest Would Render Arrest Illegal

Posted inArrest & Related MattersNo Comments
The requirement of informing a person of the grounds for arrest is a mandatory requirement of Article 22(1) of the Constitution and Section 47 of BNSS, and absence of the same would render the arrest illegal a series of Supreme Court judgments such as Pankaj Bansal v. Union of India and Others [(2024) 7 SCC 576], Prabir Purkayastha v. State (NCT of Delhi) [(2024) 8 SCC 254], Vihaan Kumar v. State of Haryana and Others (2025 SCC OnLine SC 269] and Mihir Rajesh Shah v. State of Maharashtra and Another (2025 SCC OnLine SC 2356).

A Party Who Relinquishes a Claim in a Suit Cannot File a Subsequent One on That Claim

Posted inCivil Cases & ProceeduresNo Comments
A plaintiff who intentionally omits or relinquishes a part of their claim is permanently barred from filing a subsequent suit to recover that claim, as per Order II Rule 2 of the Code of Civil Procedure (CPC). The Supreme Court held this in Cuddalore Powergen Corporation Ltd. vs. M/s Chemplast Cuddalore Vinyls Limited [2025 INSC 73].