Child Custody and Visitation Rights of Paternal Grandparents
The grandparents of a minor child, following the death of the father or mother, can legally file a petition for custody and visitation rights under the Guardians and Wards Act, 1890.
Condonation of Delay in Appeals: Principles to be Followed by Courts
To ensure substantial justice, Section 5 of the Limitation Act serves as an equitable exception. It empowers a court to admit an appeal or application (except execution proceedings under Order XXI of the CPC) after the limitation period has expired, provided the appellant satisfies the court that they had "sufficient cause" for the delay.
Abatement of a Rent Control Petition (RCP) Due to the Death of the Petitioner
A Rent Control Petition (RCP) in Kerala will automatically abate if the petitioner dies and their legal representatives fail to file an application for impleading the legal heirs within the strict statutory period of 30 days to keep the case alive under Rule 10 of the Kerala Buildings (Lease and Rent Control) Rules, 1979.
Lapse of a Bequest under a Will and Its Exception for a Predeceased Child or Lineal Descendant
A bequest under a Will is, in essence, a gift that is intended to take effect only if the legatee is alive to receive it. As a rule of testamentary construction, if the person named to receive a legacy does not survive the testator, the gift cannot take effect in his favour but it would normally "lapse". This is provided as the general rule in Section 105 of the Indian Succession Act, 1925 ("the Act"), which applies to all testators other than Muslims.
Court Fee For a Probate Petition in Kerala : Kerala High Court Clarifies
In K.G. Sunil Krishnan v. K.G. Premsankar (2022), the High Court of Kerala clarified the difference in the payment of court fee for a probate petition in Kerala.
The court held that whenever an application for probate or letters of administration is filed, it must be accompanied by a valuation statement of the estate in the form set out in Part I of Schedule III of the of the Kerala Court-Fees and Suits Valuation Act, 1959, with the court fee paid under Article 6 of Schedule I.
Trial Court Convicted for Murder on Grounds of Circumstantial Evidence but Supreme Court Acquitted
In Karakkattu Muhammed Basheer v. State of Kerala [2024 INSC 838], the Supreme Court overturned the conviction upheld by the Kerala High Court, on the ground that the prosecution's chain of circumstantial evidence had significant, unexplained gaps.
Trial Court Convicted for Murder on Grounds of Circumstantial Evidence But Appellate Court Acquitted
In Vaibhav v. State of Maharashtra (2025 INSC 800), the Supreme Court overturned the trial court's conviction of the accused for murder based on circumstantial evidence, due to lack of proof sufficient to sustain the conviction.
Power Of Attorney Executed Abroad Must Be Registered to Sell Property In India
The Kerala High Court, in Inspector General of Registration and Anr. v. Muhammed and Connected Matter (2022), has held that a power of attorney (PoA) executed by a person residing abroad in favour of a person in India relating to an immovable property, must be compulsorily registered under Section 17(1)(g) of the Registration Act, 1908, before using it to sell the property in India.
New Guidelines for Empanelment of Advocates by Government of India
The Department of Legal Affairs under the Ministry of Law and Justice, government of India has issued new guidelines governing the empanelment of advocates as Panel Counsel representing the Union of India before the Supreme Court, High Courts, subordinate courts, tribunals and other forums.
A Multi-Page POA Signed Only on the Last Page Provides Partial, Not Full, Validity
Where a power of attorney is not signed on its first two pages, those pages remain unauthenticated by the principal and cannot, by themselves, be treated as a validly executed part of the power of attorney. The third page, being duly signed, is valid only if it independently confers the requisite authority upon the agent, without relying on the content of the unsigned pages.