Civil Cases & Proceedures

Trust cannot sue or to be sued in a court of law, even though the trustees can maintain or defend any suit for the preservation and protection of the trust property, says the High Court of Kerala in Crl. M. C. No. 3799 of 2018 delivered on 6th day of February, 2019.

Injunction may be granted even against the true owner of the property, when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession. He can be disposed of the property only through due process of law, says the Supreme Court ( SC) in Padhiyar Prahladji Chenaji (Deceased) Through L.R.s vManiben Jagmalbhai (Deceased) Through L.R.s and Ors.

If a person belongs to a community other than which is mentioned in the Secondary School Leaving Certificate (SSLC) what is necessary to prove his community is to produce a community certificate from the Revenue Authority and no Gazette notification is required to support the claim, says Kerala High Court in Kerala Public Service Commission, Tvm v Dinesh [2024:KER:67974 / 92024 (6) KHC 182 (DB)].

The High Court of Kerala says pension benefits can be withheld when disciplinary proceedings are pendng, as per rule 3 A (a) of the Part III of the Kerala Service Rules in S Gopalakrishnan Potty v State of Kerala & Another [2024 KER 81106].

The recording of evidence in a disciplinary proceeding proposing charges of a major punishment is mandatory, the Supreme Court (SC) reiterated in Satyendra Singh v State of Uttar Pradesh & Another.

The Supreme Court (SC) in paragraph 70 of the judgement in Life Insurance Corporation of India v Sanjeev Builders Private Limited provides the broad guidelines regarding the amendment of pleadings.

Even if a defendant does not file a written statement and the suit is ordered to proceed ex parte against him, the limited defence available to the defendant is not foreclosed.

The claimant of an easement right wouldn't be entitled to claim the easement right by necessity when there exists an alternative way to access the claimant’s land, apart from the way over which the easement rights were claimed, the Supreme Court (SC) says in Manish Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].

The Supreme Court (SC) , in PHR Invent Educational Society v UCO Bank & Others, deprecated the High Court's interference in the auction sale proceedings completed by the Bank, on behalf of the borrower, despite having statutory remedy of appeal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).