Pension Can Be Attached to Ensure Payment of Maintenance
Retirement benefits, such as pension and gratuity, are attachable in maintenance proceedings, observed the High Court of Kerala in Rifa Fathima v Salim [2025:KER:84776].
Employees Who Resigned or Retired After 5 Years of Service Entitled to Gratuity
An employee who resigns or opts for voluntary retirement is entitled to gratuity under the Payment of Gratuity Act, 1972, provided he has completed at least five years of continuous service, the Supreme Court observed in Ashok Kumar Dabas (Dead Through Legal Heirs) v. Delhi Transport Corporation [2025 INSC 1404].
If a Complaint Discloses an Offence Magistrate Can Direct Registration of FIR
In Sadiq B. Hanchinmani v. The State Of Karnataka [2025 INSC 1282], the Supreme Court observed that once the facts alleged in the complaint disclose the commission of an offence,…
Court Can Declare Civil Death of a Person Missing for Seven Years
A civil court can declare a person legally dead if they have not been heard from for seven years, based on Section 108 of the Indian Evidence Act, 1872.
This is typically done when a legal heir files a civil suit for a declaration of presumed death to settle matters like inheritance, remarriage, or insurance.
Recognition of Foreign-Notarized Documents in India
The High Court of Kerala, in Margret @Thankam v. Joseph Mathew Chettupuzha [2025: KER:56880], has clarified the conditions under which Indian courts can recognize documents notarized in a foreign country.
State Universities Cannot Insist on Equivalence Certificate from IGNOU or Other National Institutes
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).
Lok Adalat Has no Adjudicatory Powers but Permanent Lok Adalat Has
The Legal Services Authorities Act,1987 (LSA Act) refers to two types of Lok Adalats:
the first is a Lok Adalat constituted under Section 19 of the Act which has no adjudicatory functions or powers and which discharges purely conciliatory functions and
the second is a Permanent Lok Adalat established under section 22B(1) of LSA Act to exercise jurisdiction in respect of public utility services, having both conciliatory and adjudicatory functions.
Disciplinary Action against an Officer Need not be Initiated by the Appointing Authority
The Appointing Authority need not initiate disciplinary proceedings against a civil servant.
The appointing authority need not always required to initiate disciplinary proceedings against a state employee, says the Supreme Court (SC) in The State of Jharkhand & Others v Rukma Kesh Mishra [2025 INSC 412].
Unlawful Constructions should not be Regularized
The construction made in contravention of the Acts / Rules would be construed as illegal and unauthorized construction, which has to be necessarily demolished and it cannot be legitimized or protected solely under the ruse of the passage of time or citing inaction of the authorities or by taking recourse to the excuse that substantial money has been spent on the said construction, says the Supreme Court (SC) in Rajendra Kumar Barjatya & Another v U P Avas Evam Vikas Parishad & Ors [2024 INSC 990].
Who can sue on behalf of a Cooperative Society in Kerala?
As per the registered bye-laws of most of the Co-operative Society, the Society can sue and be sued through its Secretary, etc. Therefore, the Act and the Rules clearly envisage that the registered bye-laws should provide provisions as to who is the Officer, who can sue or be sued, in the name of the Co-operative Society concerned says Kerala High Court in J.S.Prakash v The Thiruvananthapuram Service Cooperative Bank.