Unregistered Sale Agreements are Admissible as Evidence in Suits for Specific Performance

28 June 2025Posted inProperty & Succession
Unregistered sale agreements, while not transferring ownership, are admissible as evidence in a suit for specific performance to establish the existence of a contract. This admissibility is governed by the interplay between Section 17 and Section 49 of the Registration Act. However, such agreements cannot be used to claim ownership or title to the property without a decree for specific performance, as held by the High Court of Kerala in Shaju v. Victory Granite Bricks Pvt. Ltd. & Another [2025:KER:45599].

State Universities Cannot Insist on Equivalence Certificate from IGNOU or Other National Institutes

22 June 2025Posted inOthers
The High Court of Kerala clarified in a judgment, in Harisankar S. v State of Kerala & Others [2025:KER:43507], that state universities cannot insist on equivalence on certificate from National Institutions, National Universities such as Indira Gandhi Open University (IGNOU) and other institutions recognized by the University Gants Commission (UGC).

Freedom of Speech by Media Cannot Override a citizen’s Right to Dignity, Reputation, and Privacy

21 June 2025Posted inConstitutional law
The conflict between the right of media to report criminal proceedings by pronouncing innocence or guilt of the parties, and its impact on the individual’s right to dignity, reputation and privacy, under the constitution was examined by a Five Judge Bench of the High Court of Kerala, in Dejo Kappan v Deccan Herald & Others [2024:KER:82715].

Passport can be Renewed, Despite the FIR when Cognisance is not Taken

20 June 2025Posted inCriminal law
Even though the FIR was registered, the investigation is pending, and cognizance has not been taken, it cannot not be held that any criminal proceeding is pending against a person within the meaning of Section 6(2)(f) of the Passport Act. Therefore, permission of the court where FIR is filed is not necessary for renewal of the passport, says Kerala High Court in Raju Kattakayam v State of Kerala & Another [2025: KER:40962].

Misjoinder of Causes of Action in Civil Cases

12 June 2025Posted inArticles
Misjoinder of cause of action occurs when multiple unrelated claims, or claims against different defendants without a common link, are improperly combined in a single lawsuit.  Misjoinder is the improper joining of parties or causes of action in a lawsuit. It occurs when claims that are not related or involve different defendants are combined into a single suit, without a common thread linking them.