Prior Sanction Not Needed in Cases Relating to Misappropriation of Funds

Posted inPrevention of Corruption ActNo Comments
Prior Sanction under Section 17A of the Prevention of Corruption Act, 1988 is required only where the alleged offence is relatable to any recommendation made or any decision taken, by the public servant in discharge of official functions or duties and in all other cases, prior approval is not required, observed Kerala High court in Mini M. v. State of Kerala and Another [2026:KER:36757].

Simultaneous Civil and Criminal Proceedings May Continue in Respect of the Same Cheque Transaction

Posted inNegotiable Instruments ActNo Comments
In Vishnu Dutt Sharma v. Daya Sapra [(2009) 13 SCC 729], held that there is no legal bar to the simultaneous continuation of civil and criminal proceedings arising out of the same cheque transaction or cause of action. The pendency of one proceeding does not preclude or affect the maintainability of the other, as both remedies are distinct in their nature, scope, and object.

Probate Becomes Optional Following the 2025 Amendment to the Indian Succession Act

Posted inWill & Related MattersNo Comments
With the omission of Section 213 of the Indian Succession Act, 1925, and consequential amendments to related provisions, beneficiaries and executors are no longer required to obtain probate merely to establish their rights or transfer assets under a valid will in the erstwhile Presidency Towns of Mumbai, Chennai and Kolkata, where probate had historically been mandatory. Even uncontested wills often required probate proceedings before immovable property could be transferred or financial assets released.

Private Vehicle in a Public Road does not Become Public Place for Searches Under NDPS Act

Posted inUncategorizedNo Comments
Where a private vehicle is searched in a public place on the basis of prior information received by the detecting officer, Section 43 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) is not attracted and compliance with Section 42 is mandatory, observed the High Court of Kerala in Sudin Babu v. State of Kerala [2026:KER:43659].

 Dividing a Joint Bank Deposit Amount During Divorce or Separation

Posted inMatrimonial and Maintenance CasesNo Comments
To divide a joint bank account during a divorce, the safest approach is to open a personal account, stop any shared deposits, and review (audit) the funds in the joint account. Both parties should either agree on how to split the money or get a court order directing the split. Once that is settled, both spouses must give joint consent to close the account, and any automatic bill payments linked to that account should be redirected elsewhere.

The Concept of ‘Denial of Landlord’s Title’ under Section 11 (1) of the Kerala Rent Law

Posted inRent Control & Lease
A Rent Control Court (RCC) cannot decide a complex property dispute in a summary trial under the rent control law. This core legal issue forms the foundation of rent control proceedings in India. Under the Kerala Buildings (Lease and Rent Control) Act, 1965, a Rent Control Court is a specialized forum. It is designed to quickly resolve everyday fights between landlords and tenants.