Civil law

The period of limitation for filing a suit to cancel or set aside an instrument or decree or for rescission of a contract is 3 years as per Article 59 of the Limitation Act, the High Court of Kerala reasserts in its judgement in Cheriyan T Tharakan & Others v Saramma Cheriyan @Ammini & Others.

The rectification of an instrument is the process of making changes to it. The grounds on which rectification can be sought are fraud and mutual mistake of the parties. Relief of rectification can be sought for contracts or any written instrument.

The teachers of the Colleges in Kerala have no right to get additional payment for evaluating examination answer sheets of students, in addition to their salary and allowances, says the High Court of Kerala in Dr K Sankar v State of Kerala.

Two kinds of permissions are required to carry on any religious activities in a building in Kerala. One is prior permission from the Collector of that District and the other is the permission from the Secretary of the local body in that area under the state’s building rules.

Correction of any entry in the Birth Register is permissible if any factual error in any entry is revealed and brought before the Registrar based on an application by a concerned party. The Registrar has ample powers to make such correction, as per some judgements of the High Court of Kerala.

The time limit for filing of the written statement under Order VIII Rule 1 of Code of Civil Procedure is not mandatory except in commercial suits, the Supreme Court (SC) reiterates it in Bharat Kalra v Raj Kishan Chabra. The SC relied on the judgement in Kailash v Nankhu & Ors.[ (2005) 4 SCC 480]. Therefore, the delay in filing of the written statement could very well be compensated with costs but denying the benefit of filing of the written statement is unreasonable.

One of the modes of execution of a decree for payment of money, exceeding Rupees two thousand, is arrest and detention of the judgment debtor (JD) in a civil prison. The purpose of this write up is to discusses the mode and procedure for putting a judgment debtor (JD) in civil prison, as part of execution of a decree, when he is unable to satisfy the decree against him.

In a civil suit, if the court finds that a local investigation is required or proper the court can issue a commission to a person as it thinks fit and ask him to make an investigation and report the matter thereon to the court, under Section75(b) and Order 26 rule 9 of the Civil Procedure Code (CPC).

A false declaration made by a candidate in regard to his/her educational qualification can be brought within the purview of sec. 123(4) of Representation of People Act, 1951, as a corrupt practice, says Delhi High Court in Yogendra Chandolia v Vishesh Ravi and Others.

Return of a plaint is quite different from rejection of a plaint by a civil court. The Order 7 Rules 10 and 10B speak about return of plaint.

The object of rejection of plaint is to weed out frivolous, vexatious and improper plaints at the very outset. Institution of a suit is by presentation of plaint in the manner prescribed by law in Order 6 and 7 of the Civil Procedures Code (CPC). A plaint shall not be duly instituted unless it complies with the requirements specified in Order 4 of the CPC. The court shall ensure entering the particulars of every suit in a register of civil suits and number them in every year in a serial order as the plaints are admitted.