State Universities Cannot Insist on Equivalence Certificate from IGNOU or Other National Institutes

22 June 2025Posted inOthers
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).

Freedom of Speech by Media Cannot Override a citizen’s Right to Dignity, Reputation, and Privacy

21 June 2025Posted inConstitutional law
The conflict between the right of media to report criminal proceedings by pronouncing innocence or guilt of the parties, and its impact on the individual’s right to dignity, reputation and privacy, under the constitution was examined by a Five Judge Bench of the High Court of Kerala, in Dejo Kappan v Deccan Herald & Others [2024:KER:82715].

Passport can be Renewed, Despite the FIR when Cognisance is not Taken

20 June 2025Posted inCriminal law
Even though the FIR was registered, the investigation is pending, and cognizance has not been taken, it cannot not be held that any criminal proceeding is pending against a person within the meaning of Section 6(2)(f) of the Passport Act. Therefore, permission of the court where FIR is filed is not necessary for renewal of the passport, says Kerala High Court in Raju Kattakayam v State of Kerala & Another [2025: KER:40962].

Misjoinder of Causes of Action in Civil Cases

12 June 2025Posted inArticles
Misjoinder of cause of action occurs when multiple unrelated claims, or claims against different defendants without a common link, are improperly combined in a single lawsuit.  Misjoinder is the improper joining of parties or causes of action in a lawsuit. It occurs when claims that are not related or involve different defendants are combined into a single suit, without a common thread linking them.

Lok Adalat Has no Adjudicatory Powers but Permanent Lok Adalat Has

8 June 2025Posted inOthers
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.

Attachment of property by the Court Should Confine to the Proportionate Extent

6 June 2025Posted inCivil law
The court must bring only such portion of the property, the proceeds of which would be sufficient to satisfy the claim of the decree holder, for attachment to be sold, if the property is large and the decree to be satisfied is small. This is not a discretion, but an obligation imposed on the court, says the Supreme Court (SC), in Ambati Narasayya v M. Subba Rao & Another [1990 AIR 119].