Rejection of Plaint under O 7 Rule 1 of the CPC

Posted inCivil law
The object of rejection of plaint is to weed out frivolous, vexatious and improper plaints at the very outset. Institution of a suit is by presentation of plaint in the manner prescribed by law in Order 6 and 7 of the Civil Procedures Code (CPC). A plaint shall not be duly instituted unless it complies with the requirements specified in Order 4 of the CPC. The court shall ensure entering the particulars of every suit in a register of civil suits and number them in every year in a serial order as the plaints are admitted.

Sexual Intercourse without Consent is Rape

Posted inCriminal law
Sexual intercourse of a man with a woman against her will or without her free consent is rape under, Section 375 of the Indian Penal Code (IPC). The consent should be an unequivocal voluntary agreement of the woman by words, gesture or any form of verbal or non-verbal communication, by which she communicates her willingness to participate in the sexual act in question.

Persons who affirm their Hindu Belief can Register their Marriage under HMA

Posted inFamily, Marriage & Divorce
When two petitioners, the first of whom is an Indian citizen who belongs to Hindu Community and the other a citizen of Filipina who got converted to Hindu religion as second petitioner, after undergoing sacred marriage ceremonies and rites according to the custom applicable to the community to which the first petitioner belongs held at a temple at Thrissur District and obtaining a certificate issued by the temple authorities evidencing the marriage was solemnized on 13.9.2016, the Marriage Registrar declined to register their marriage under the Kerala Registration of Marriages(Common) Rules, 2008. However, , when the petitioners approached the High Court of Kerala in Pranav AM v The Secretary, Engandiyur Gram Panchayat, the court asked the marriage Registrar to register the marriage under the above rules.

Accused cannot seek Analysis of Toddy B Sample

Posted inCriminal law
In Krishnan M.C vs State Of Kerala, a Division Bench of the Kerala High Court, in view of the conflicting decisions in different cases, examined as part of a reference whether the accused has got a right to get the second sample taken for analysis to the Chemical Examiner’s Laboratory, under Section 8 of the Kerala Abkari Shops Disposal Rules,2002. It was decided by the bench that the accused has no right seek chemical analysis of B Sample. There is no specific provision in the law for the purpose, as well.

Succession Rules applicable to Indian Christians

Posted inProperty & Succession
The law that lays down the rules of distribution of property of a Christian dying intestate (without making a Will), is the Indian Succession Act, 1925 (ISA). The Indian Succession Act, 1865, Cochin Christian Succession Act, 1921, Travancore Christian Succession Act, 1916 etc applicable to Christians in the past were repealed and consolidated into ISA.

Lease and License: The Fundamental Difference

Posted inProperty & Succession
There is marked distinctions between a lease and a licence though many would think both have no much differences. At one time it was thought that if a person was given exclusive possession of a premises, it would conclusively establish that he was a lessee. The exclusive possession considered to be an infallible test to decide whether it is a license or not, is no longer an infallible one. The key test now is the intention of the parties involved.

Legal Heirship Certificate not for Property Transfer

Posted inProperty & Succession
An heirship certificate serves the purpose of identifying the relationship of the heirs to the deceased person. Legal Heirship Certificate is issued by the revenue officers of the executive government - in Kerala it is the Tahsildar - based on the enquiry made by his junior revenue official – the Village Officer. The certificate can be used for drawing an amount not exceeding Rs five lakh as of now. The Legal Heirship Certificate however has some sanctity in revealing the legal heirs of the deceased.

All about Succession Certificate

Posted inProperty & Succession
The term succession refers to the process by which the legal heirs acquire the property of the deceased. A Succession Certificate (SC) however is the one that is granted exclusively in respect of “debts and securities” such as Provident Fund, Bank Deposit, Insurance, Shares etc to which the deceased was entitled to, as per Section 370 read with Section 214 of the Indian Succession Act. Therefore, one can apply for a SC only in respect of debts and securities.