A Private Road Connected to a Road Network Becomes Public Road

Posted inLocal Government Laws
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

Posted 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

Posted 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

Posted 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.

Wrong Entry of Community in SSLC can be Solved by Producing Certificate from Revenue Authority

Posted inCivil law
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)].