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Civil Law

Mohammed Kaleel v. P. Radhakrishnan

Production of Documents – Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice. (2021) 11 KCC 367

People for Animals v. State of Kerala

Prevention of Cruelty to Animals Act, 1960 – Clauses in any bye-law or agreement, that have the effect of absolutely prohibiting a person from keeping a pet of his/her choice in a residential unit occupied by that person, should be treated as void and unenforceable in law. (2021) 11 KCC 378 : 2021 (6) KLT 267 : 2021 (6) KHC 221

Safir v. Sajid

Stamp Act, 1959 (Kerala) – Section 2 (a) – “bond” – For an instrument to partake the character of a bond an obligation must have been created in the instrument itself – A specific acknowledgment in the agreement of an amount that is outstanding to be paid as on the date of execution of the document, the same can only be construed as an agreement and it does not partake the character of a bond as defined in Section 2(a) of the Act.

P.M. Salim v. Vasudevan Namboothiri

Code of Civil Procedure, 1908 – Amendment of Pleadings – When trial commences for the purpose of proviso to Order 6 Rule 17 of CPC ? Whether a categorical and wilful admission made in the pleadings can be strike down by filing an amendment application ?

State of Kerala v. Bindhu

Clerical Error – Whether the correction made by the Additional Tahsildar consequent to the clerical mistake occurred in conversion from cubic metres to metric tonnes a review under law ? (2021) 11 KCC 372 : 2021 (6) KHC 218

Gopalakrishnan v. Ponnappan

Remand – Under what circumstance, a remand of case can be ordered by the first appellate court, is it permissible to order remand in a routine manner simply on finding failure on the part of trial court to address any issue and what is the jurisdiction vested with the first appellate court in ordering remand of a case ? 2021 (9) KCC 305 : 2021 (5) KHC 548