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].

Mere Refusal to Marry not amount to Abetment to Suicide

1 December 2024Posted inCriminal law
A person’s simple refusal to marry a lady would not amount to instigation to commit suicide, says the Supreme Court (SC) in Kamaruddin Dastagir v State of Karnataka [2024 INSC 908]. The broken relationships, while emotionally difficult, do not necessarily amount to abetment of suicide unless there is evidence of intent to commit a criminal act.

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.

Stages of an Original Civil Suit: An Overview

26 November 2024Posted inCivil law
Every suit shall be instituted by presenting a plaint in duplicate to the court which has jurisdiction to try the suit and is the lowest in grade competent to try it. The detailed rules, governing the presentation of a plaint, are included in Order VI and VII of the Civil Procedure Code, 1973 (CPC).