Ascertaining Admitted Rent Arrears Under the Rent Control Act in Kerala

12 October 2025Posted inRent Control & Lease
Under the Kerala Buildings (Lease & Rent Control) Act, 1965, a landlord can seek an intermediate order from the Rent Control Court directing a tenant to deposit all "admitted arrears of rent" under Section 12. This is a powerful summary remedy, but its application hinges on how a court determines what rent is "admitted" without conducting a full trial.

Scribe of a Will Can Also Be an Attesting Witness If Intended

11 October 2025Posted inWill & Related Matters
A person who writes a will (the scribe) can also serve as one of the legally required attesting witnesses. However, for their signature to be valid as an attestation, they must sign with the express intention of witnessing the testator's signature, not merely to authenticate their role as the scribe. This principle was clarified by the Kerala High Court in Varghese C Philip Kutty v. Varghese Mathai [2025:KER:42170].

Guidelines for Serving Summons on Defendants Abroad

29 September 2025Posted inCivil law
In Charuvila Philipose Sundaran Pillai and Another v. P. N. Sivadasan and Others, the Kerala High Court has laid down important guidelines for the service of summons on defendants residing in foreign countries, clarifying the application of the Hague Service Convention in conjunction with the Code of Civil Procedure, 1908 (CPC).

SC’s Modified Guidelines on Compounding of Cheque Bounce Cases

27 September 2025Posted inNegotiable Instruments
The supreme Court, in Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158], observed that a very large number of cheque bouncing cases are pending and interest rates have fallen in the last few years. Therefore, the Supreme Court modified the guidelines of compounding cheque dishonour cases issued fifteen years ago in Damodar S. Prabhu vs. Sayed Babalal H. [AIR 2010 SC 1907].

No Pre-Cognizance Hearing for Accused in Cheque Dishonour Cases under BNSS

26 September 2025Posted inNegotiable Instruments
n cheque dishonour cases filed under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court has held that an accused person does not have a right to be heard at the pre-cognizance stage. In Sanjabij Tari v. Kishore S Borcar & Anr. [2025 INSC 1158], the Court clarified that the inquiry conducted by a Magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), does not require the participation of the prospective accused.