Hon’ble Mrs. Justice Anu Sivaraman celebrates her 59th birthday today.
Hon’ble Mrs. Justice Anu Sivaraman: Born on 25.5.1966 at Ernakulam. Educated at St.Teresa`s Convent Girls High School and St. Teresa`s College and later at Maharaja`s College, Ernakulam. Graduated in English Literature in 1986 and completed Diploma in Journalism from Kerala Press Academy in 1987. Obtained Law Degree from Government Law College, Ernakulam. Enrolled as an Advocate on 09.03.1991. Served as Standing Counsel for the Corporation of Cochin from 2001 to 2010, Senior Government Pleader from January 2007 and Special Government Pleader (Co-operation) during 2010-2011. Sworn in as Additional Judge of the High Court of Kerala on 10.04.2015. Appointed as Permanent Judge of the High Court of Kerala with effect from 05-04-2017.
Her Ladyship was transferred as a Judge of Karnataka High Court and assumed office on 21.03.2024.
Important Judgements delivered by Hon’ble Mrs. Justice Anu Sivaraman.
State Financial Corporation Act. In proceedings under Sections 31 and 32, where the enforcement of a surety’s liability is sought, the court’s investigation is primarily limited to determining the validity of the financial corporation’s claim. Karnataka High Court.
When an alternate site is allotted due to the fault of the BDA, interest on differential sital value is chargeable only from the date of legal challenge, not from the original allotment. Karnataka High Court.
Though a Hindu Will is not required to be probated, there is no bar as to applying for or obtaining a probate of such a Will. Karnataka High Court.
Indian Succession Act. Sole legatee, by necessary implication can act as an executor of a Will and can apply for grant probate of Will. Karnataka High Court.
Land Acquisition Act, 1894. If an award is not passed within two years under Section 11A, the acquisition lapses. Pendency of litigation does not extend the period unless a stay order is in effect. A lapsed acquisition creates a fresh cause of action for legal challenge. Karnataka High Court.
Intra-court writ appeals are maintainable when challenging administrative or statutory orders, even if the party invokes Article 227 of the Constitution of India. The power exercised in such cases falls under Article 226. Karnataka High Court.
Indian Telegraph Act. Mere laying of high-tension power transmission lines over private land does not amount to land acquisition but constitutes a statutory right of user. Disputes over sufficiency of compensation must be adjudicated under Section 16(3) by the District Judge, not through writ jurisdiction. Karnataka High Court.
Karnataka Land Reforms Act. Land Tribunal has power to rectify and correct the extent of land in an order passed by it after causing actual measurement and after giving an opportunity of being heard to the concerned parties. Karnataka High Court.
Disposal of corner sites. ‘Power of the BDA to accept or reject auction bid without explanation is traceable to a Rule which is not under challenge.’ Karnataka High Court upholds rejection of the auction bid.
An order refusing or granting ex-parte interim measure on an application under Section 9 of the Arbitration and Conciliation Act falling under ‘Commercial Arbitration Dispute’ is appealable order under Section 37 of the Act. Karnataka High Court.
Limitation to make a reference under Section 18 of the Land Acquisition Act 1894. Cause of action arises only after the conclusion of the proceedings under Section 30 of the Act. Karnataka High Court.
‘’Mubarat’’ is a form of divorce by mutual consent recognized by Muslim Personal Law. Family courts are duty-bound to accept the Mubarat agreement between the parties to dissolve the marriage. Karnataka High Court.
Daksha Legal 