Nijin Raj K. Jose
High Court
“Litigants Who Come To Court With Unclean Hands” Are Not Entitled To Be Heard: Kerala High Court
Excerpt On 4th March 2021, a Single Judge Bench consisting of Hon'ble Mr. Justice V.G. Arun heard Johnson Padamadan v. State of Kerala. A petition was filed to issue a writ of mandamus or any other appropriate writ, order or direction...
High Court
Attestation Is a Process Which Lends Credence To the Execution: Kerala High Court
On 6th March 2021, a Division Bench consisting of Hon'ble Mr Justice A. Hariprasad and Hon'ble Mr Justice T.V. Anilkumar heard Jayakumari v. Sujatha Surendran. In this case, the aggrieved Respondent/Plaintiff filed a Rent Control Revision against the eviction petition...
High Court
Kerala High Court: Declaring a Marriage Null and Void Is a Very Serious Matter as It Wipes Out a Jural Relationship
On 1st March 2021, a Single Judge Bench consisting of Hon'ble Mr Justice C.S. Dias heard Anu Mary Yohannan v. Manu Philip’s case. In this case, the original petition under Sec 10 (1)(x), Sec 18 (Petition for a decree of nullity) and Sec 19 (Grounds of Decree) of the Divorce Act, 1869, seeking to declare his marriage with the Appellant null and void by a decree of divorce. The Family Court allowed the petition. Aggrieved by the decision, an appeal was preferred by the Appellant.
High Court
Kerala High Court: Further Investigation Is Permissible, but Re-Investigation Without Prior Permission Is Prohibited
On 2nd March 2021, a Single Judge Bench consisting of Hon'ble Mr Justice R. Narayana Pisharadi heard The Vigilance and Anti-Corruption Bureau v. K. Sasikala. The issue, in this case, is whether the investigating agency or officer must seek and...
High Court
Section 304 IPC Arises Only With Rash and Negligent Act of Accused: Kerala High Court
On 26th February, a Single Judge Bench consisting of Hon'ble Mr Justice Bechu Kurian Thomas heard the case of P.M.Raju v. the State Of Kerala. In this case, the Accused was found guilty for the offence under Section 304 IPC (Punishment for culpable homicide not amounting to murder) and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.1,50.000/-. An appeal was filed aggrieved by this conviction.
High Court
Kerala High Court Allows Petition Directing District Collector To Rectify Mistake in Declining Amount To Petitioner
On 5th February 2021, The Kerala High Court involving a single Bench Judge of Honourable Mr Justice N. Nagaresh heard the case of M.A.Ameer vs The State of Kerala.
High Court
Kerala High Court Allows Petition in Determining Petitioner’s Supreme Court Status To Avail Benefits
The Kerala High Court involving a single bench judge of the Honourable Mr. Justice N. Nagaresh heard the case of Anjana. C V. State of Kerala. Facts of the case The Petitioner's father had purchased property in Wayanad District utilising the...
High Court
“Accused Is Held Liable if the Legally Recoverable Debt Is Not Rebutted” : Karnataka High Court
On 23.12.2020, a Single Judge Bench of Hon'ble Justice P.N. Desai heard the case of Mohan Kumar v. Syed Mohd Ali. An appeal was filed under Sec 378(4) of CrPC, challenging the judgement of acquittal passed by the IV Addl....
High Court
Kerala HC Partly Allows Petition for Specific Performance of Contract for Sale
In the said case, Kerala High Court permits partly to a Petition that seeks a decree for specific performance of Contract for Sale.
High Court
Kerala High Court Rejects Writ Petition for Rejection of Loan Application
Case: Anvardeen. K v. Union of India. Coram: Justice P.V. Asha On 24th November 2020, The Kerala High Court involving a single bench judge of the Honourable Smt. Justice P.V. Asha heard the case of Anvardeen.K v. Union of India. FACTS OF...
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Understanding Contingent Contracts Under the Indian Contract Act
A contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.
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Blogs
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Blogs
Explained: Farm Laws 2020 and its Effect on Indian Farmers
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Job Post: Vacancy for Associate at Sony Pictures Networks India Private Limited, Mumbai
Sony Pictures Networks India Private Limited is looking to hire an Associate with 3-5 years of PQE from Media and Entertainment Industry, preferably with...
Articles
Analysing the Enforcement Of Foreign Arbitral Awards In Light Of the Vijay Karia Case
Section 34 of the Arbitration and Conciliation Act, 1996 (Hereinafter “Act”) lays down the basis for setting aside arbitral awards made in domestic and foreign arbitrations held in India. Though international awards cannot be contested in India, the compliance of such awards in India may be validly challenged by the award debtor on the grounds set out in Section 48 of the Act. The grounds set under both these sections are almost similar, one of the grounds being that the arbitral award is found contrary to the “public policy of India”. The question of the constituent elements of “public policy” have been discussed in a number of cases, however, in a recent case of Vijay Karia & Ors. V. Prysmian Cavi E Sistemi Srl & Ors, the SC drew attention to this point viz-a-viz foreign award.