Nijin Raj K. Jose

“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...

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...

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. 

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...

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. 

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.

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...

“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....

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.

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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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.