Injunction can be Granted even against the True Owner

9 December 2024Posted inCivil law
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.

A Road connected to a Road Network becomes Public Road

8 December 2024Posted inCivil law
The moot question that came up before the Kerala High Court in Mariam Beevi v The Secretary, Athirampuzha Grama Panchayat was whether a road that was leading to the houses of the petitioner and six others was an exclusive private path, meant for the benefit of those seven persons; or a public road vested in the respondent Grama Panchayat, meant for the benefit of the general public.

OP under Article 227 impermissible Against Appellate Order in Domestic Violence case

5 December 2024Posted inCriminal law
An Original Petition (OP) under Article 227 of the Constitution is not possible against an appellate order issued by the Court of Session under Section 29 of the Protection of Women from Domestic Violence Act (DV Act), but what is possible is a Criminal Revision Petition under Section 397 of the Code of Criminal Procedure (CrPC) as stated in Kunjumon C K v State of Kerala [ 2024 (6) KHC 45].

Mutation or Transfer of Registry of a Property Based on a Will

29 November 2024Posted inProperty & Succession, Will & Related Matters
The High Court of Kerala, in paragraph 17 of the judgement, in Babu R v State of Kerala [2024:KER:84934] on the above findings, formulated guidelines to be followed by the Revenue Officers under the Transfer of Registry rules (TR Rules) while considering the mutation) of the property on the basis of Will or testamentary succession.

Attachment & Sale of a Property in Execution of a Decree

27 November 2024Posted inCivil law, Property & Succession
One of the modes of execution of a decree of a civil court is either by attachment and sale, or by sale without attachment, of any property. The provisions relating to sale of property in an execution proceeding are Sections 65 to 73, and the Rules 64 to 94 of the Order 21, of the Civil Procedure Code, 1908 (CPC). The Chapter VIII of the Civil Rules of Practice Kerala state the procedural matters relating to execution. The provisions cover both movable and immovable properties.