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Kerala High Court

Motor Vehicles Act : 6 Month Limitation period for filing claim applicable from 01.04.2022

July 17, 2022 117567 Views 0 comment Print

Held that the limitation period of six months is applicable from 1st April 2022. Accident in this case had occurred on 23.05.2019. Accordingly, limitation period of six months u/s 166(3) of Motor Vehicles Act doesn’t apply.

No reference to Arbitration unless clear unequivocal denial of a right

July 9, 2022 1788 Views 0 comment Print

There was no right to apply for reference of a dispute to arbitration until there was a clear and unequivocal denial of the right asserted by one party by the other.

Service tax cannot be levied on Chit Funds prior to 15.06.2015

July 5, 2022 630 Views 0 comment Print

Chit funds are liable to pay service tax only after amendment to definition of word ‘service’ brought in i.e., wef 15-6-2015 as held by SC in UOI v. Margadarshi Chit Funds (P.) Ltd.

Court should not decide a matter on hyper technical & unwarranted grounds

July 2, 2022 567 Views 0 comment Print

The Court below ought to have granted the petitioners an opportunity to cure defect in the written statement, instead of taking the drastic step of rejecting the application. It is trite, Courts should make every endevour to dispose of a case on merits rather than on default.

Property purchased Wife name: Nature of transaction is to be determined on the basis of intention of parties

June 29, 2022 34863 Views 0 comment Print

The intention of the parties is a key factor in determining the nature of the transaction. Hence, when the husband purchased the property in favour of his wife, unless the contrary is proved, it will be treated as the property of the wife purchased for her benefit.

Investigation at crucial stage, bail application dismissed

June 23, 2022 891 Views 0 comment Print

It is not possible for me at this stage to record satisfaction that there are reasonable grounds for believing that the petitioner is not guilty of the offences alleged. The investigation is going on and the same is at a crucial stage. Bail application dismissed.

Transfer Sought by Wife cannot be denied for Inconvenience of Husband’s POA Holder

June 18, 2022 1266 Views 0 comment Print

Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought for by the wife.

No Valid Sale Under Law If Sale Notice relied by Parties Has Been Set Aside

June 17, 2022 507 Views 0 comment Print

Ratnamani George Vs Authorized Officer, Canara Bank (Kerala High Court) This writ petition is filed seeking a direction to the respondent to confirm the sale of the property auctioned by the petitioners after accepting the balance bid amount. 2. According to the petitioners, lured by a publication in the website of the respondent intimating the […]

Notice of sale issued without giving 15 days clear notice under Sarfaesi Act was bad in law

June 14, 2022 21912 Views 0 comment Print

E. K. RAJAN Vs Authorized Officer (Kerala High Court) Conclusion: Since there was a failure on the part of the respondent to serve notice of not less than 15 days upon assessee, therefore, the notice of sale proposing to auction the property of the was bad in law and the consequent sale was liable to […]

Order of Committee of Executives bad in law if explanation offered by borrower/ guarantor not considered

June 2, 2022 1602 Views 0 comment Print

HC Held that held there was a total lack of application of mind in order of Committee of Executives. There is also a manifest failure to consider explanation offered by borrower/guarantor.

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