13 Latest & Important Kerala High Court Judgments January 2019

Motor Vehicles Act 1988 - Holders of Licences authorizing to drive light motor vehicle are entitled to drive transport vehicles provided the gross vehicle weight does not exceed 7500 kg. [Para 5] K. Surendra Mohan, J. Noorumon v. Regional Transport Officer, W.P. (C). No. 9392 of 2012 28-01-2019

Arbitration and Conciliation Act, 1996 - S. 34 (1) - National Highways Act, 1956 -  Ss. 3G(5) & 3J - What is the remedy of the appellant to redress his grievance regarding inadequate compensation granted for the land acquired - The court cannot correct errors of the arbitrators - It can only quash the award leaving the parties free to begin the arbitration again if it is desired. V. Chitambaresh & R. Narayana Pisharadi, JJUdayakumar v. Project Director NHAI, Arb.A. No.68 of 2015 21-01-2019

Family Law - Christian Marriage - It is a practice among the members of the community that money and gold ornaments are given to a bride as parental share. It of course depends upon the socio-economic condition of each and every person. [Para 6] A.M. Shaffique & A.M. Babu, JJ. Varghese Mathew v. Santhamma John, Mat.A. No. 733 of 2010 18-01-2019 https://buff.ly/2RjWcZb

National Highways Act, 1956 - Arbitration and Conciliation Act, 1996 - Section 34 – Application for setting aside arbitral award - Claim for Enhancement of Compensation - When the award of an arbitrator appointed under the National Highways Act is challenged in an application filed under Section 34(1) of the Arbitration Act, the power of the court to interfere with such award is very limited. Ramdas M.R. v. National Highway Authority of India2019 (1) KHC 343 Arb.A. No. 28 of 2016 16-01-2019

Evidence Act, 1872 - S. 126 - Professional Communications - Whether Petition to Summon Lawyer of Opposite Party as witness can be allowed. [Para 10] C.K. Abdul Rehim & T.V. Anilkumar, JJ. Reshma Majeed v. Shameer Babu, 2019 (1) KHC 324 O. P. (FC) No. 228 of 2018 15-01-2019

Arbitration and Conciliation Act, 1996 - S. 28 (2) - Civil P.C. 1908 - O. XVIII R. 18 - Power of the Civil Courts to Inspect - An arbitrator, who conducts local inspection, commits no illegality. S. Dinesh Babu v. C. Venugopalan, 2019 ICO 18 : 2019 (1) KHC 332 Arb.A. No. 31 of 2007 15-01-2019

Mediation Agreement - It is not a blind reading or mechanical adherence that is called for while comprehending or interpreting conditions or clauses in a mediation agreement. The stipulations in a mediation agreement are to be comprehended and construed in such a manner as giving effect to the true spirit of the consensus arrived between parties to the agreement. Once mediation agreement is found to be lawfully and voluntarily executed, any interpretation that does not help to promote or foster the ultimate object or goal of the settlement requires only to be discarded. The attempt shall always be to effectuate the true spirit of what the parties thought and intended to bring about by having the disputes compromised. In other words, the terms of compromise agreement shall be understood in the broad background in which it was brought into existence by the parties. Any other interpretation will only be technical defeating the very purpose of process of mediation and also the result desired to be achieved by the parties who consented to settlement. Sabu Edward v. Santhosh, http://bit.ly/OPFC295of2018 15-01-2019

Family Courts Act, 1984 - S. 14 - Compact Disc (CD) produced before the Family Court is admissible in evidence, despite the fact that it was not certified. C.K. Abdul Rehim & T.V. Anilkumar, JJPramod E.K. v. Louna V.C., 2019 (1) KHC 292 bit.ly/OPFC513of2018 14-01-2019

Police Act, 2011 (Kerala) - S. 130 (2) - Police Complaints Authority - Since the rule making power is with the Government, the Government is perfectly competent to issue executive orders fixing the conditions of service including the tenure of the Chairperson and Members of the Authority. Thomas Pallickaprambil v. State of Kerala http://bit.ly/WPC41070of2018 10-01-2019

Arbitration and Conciliation Act, 1996 - Ss. 11(2) & 15 - Procedure for the appointment of a substitute arbitrator. [V. Chitambaresh & R. Narayan Pisharadi, JJ. Para 4] Kurien George v. Renjith T. Mathew, 2019 (1) KHC 247 http://bit.ly/ArbA32of2018 10-01-2019

Civil P.C. 1908 - S.64 - Mere execution of a loan application during continuance of the attachment would neither amount to a transfer nor a delivery of interest in the property. C.R. Abdul Rehim & T.V. Anilkumar, J Nahala v. Adish, 2019 (1) KHC 221 http://bit.ly/OPFC290of2018 07-01-2019

Airport Authority of India Act, 1994 - Guidelines governing the recruitment and promotion of its employees - Scales of pay, fitment formula and dearness allowance (DA) of the Non-executives. B. Rajendra Kumar v. Airport Authority of IndiaW.P. (C). No. 27283 of 2016 07-01-2019

Kerala Co-operative Societies Rules, 1969 - R. 35A (6) (e) (ii) Proviso - Nominations - Procedure regarding conduct of election to the committee of Societies by the State Co-operative Election Commission - the copy of the resolution that has to be enclosed along with the nomination of the petitioner as a delegate of the member Society, with the signature of the petitioner, attested in the manner prescribed in Ext.P1 election notification, is an essential part of the nomination. The omission to submit a copy of the resolution in the prescribed manner is a substantial defect, which goes to the root of the matter. The said defect cannot be cured at the time of scrutiny of nominations and as such, the rejection of the petitioner's nomination based on Ext.P4 order of the 4th respondent Returning Officer is perfectly legal, which warrants no interference under Article 226 of the Constitution of India. P. Subair Kunju v. State Co-operative Election CommissionW.P. (C) No. 42517 of 2018 04-01-2019
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