Hon’ble Mrs. Justice Anu Sivaraman celebrates her 60th 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.
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.fvg
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.
Arbitration and Conciliation Act. In commercial arbitration matters, delay in filing appeals under Section 37 can be condoned only by way of exception and not as a rule. ‘Sufficient cause’ is not flexible so as to cover long delays, which are beyond the period provided for in the appeal. Karnataka High Court.
Arbitration and Conciliation Act. Interpretation of a contract is a matter for an Arbitrator to determine. Even if such interpretation gives rise to an erroneous application of law, the Courts will generally not interfere, unless the error is palpably perverse or illegal and goes to the root of the matter. (Ref). Karnataka High Court.
Hindu Law. Devolution of a deceased Hindu male’s separate self-acquired property must be governed by the general rules of succession under Section 8 of the Hindu Succession Act which mandates that the widow and all children, being Class I heirs, are entitled to equal shares in the property. Coparcenary principles under Section 6 of the Act do not apply to such separate property. Karnataka High Court.
Land acquisition. If the Land Acquisition Officer fails to justify the award or prove the relied-upon sale statistics, the court must reassess the market value on the basis of the claimant’s evidence, including non-agricultural potential. Where comparable sales are prior or subsequent to the preliminary notification, escalation or de-escalation may be applied to arrive at a fair value, particularly for land with high development potential. Karnataka High Court.
Indian Partnership Act. The bar on suits by an unregistered firm under Section 69(2) does not apply to a suit seeking a permanent injunction against passing off or misuse of a trade name, as this right arises from common law/tort and not from the contract of partnership. A plaint seeking such an injunction cannot be rejected on the ground of the firm’s non-registration. Karnataka High Court.
Electricity Act 2003. Inter-State transmission of electricity under Section 11 can be regulated not only by the Central Government but also by the State Government in an extraordinary circumstance, arising in the public interest. Karnataka High Court.
Challenge to land acquisition. Writ jurisdiction cannot be exercised to resolve complex disputes regarding title or allegations of fraud in previous settlements, as such matters involve disputed questions of fact that must be adjudicated in a properly instituted civil suit. Claims brought after an inordinate delay are liable to be rejected on the grounds of delay and laches. Karnataka High Court.
The commercial nature of the transaction such as leasing premises for a retail store takes precedence over the general classification of the matter as a landlord-tenant dispute. Such suits must be adjudicated exclusively by Commercial Courts to fulfill the legislative intent of providing a specialized and time-bound mechanism for resolving business-related litigations. Karnataka High Court.
Habeas Corpus. Custody of child with father cannot be termed as illegal detention since the issue can be considered by a competent Family Court. Karnataka High Court.
Preventive detention. Failure to specifically state the grounds of detention in the Detention Order vitiates the exercise of preventive detention. Preventive detention cannot be invoked merely on the existence of pending criminal cases, particularly when the allegations are capable of being effectively addressed under the ordinary criminal law. Karnataka High Court.
Preventive detention is advised to assert/afford protection to society. Courts cannot sit as an Appellate Court on the subjective satisfaction of the detaining authority. Karnataka High Court.
Indian Succession Act. A sole beneficiary of a Will can be considered an executor by necessary implication. His application for probate is maintainable even if he is not explicitly named as the executor in the Will. Karnataka High Court.
In a partition suit involving a Christian family, succession must be determined under the Indian Succession Act, and the coparcenary principles under the Hindu Succession Act have no application. Where an intestate dies leaving only children, the property is to be divided equally among all surviving children. Karnataka High Court.
Bangalore Development Authority (Allotment of Sites) Rules. An allottee of a site forfeits his right to the allotment if he fails to deposit the full sital value within the period stipulated. The Court cannot direct the BDA to accept such payment and execute the sale deed years after the stipulated period has expired. Karnataka High Court.
Karnataka Protection of Interest of Depositors in Financial Establishments Act. ‘Deposit’ under Section 2(2) is widely inclusive, covering any money received by a financial establishment to be returned with benefit, unless it is proven to fall within the Act’s seven specific exceptions. Karnataka High Court.
Arbitration and Conciliation Act. An order passed by an Arbitral Tribunal that merely resolves an incidental factual or procedural issue such as the validity of an authorization to sign an agreement without conclusively determining a substantive claim or a jurisdictional challenge, does not constitute an ‘interim award’. Such an order cannot be challenged under Section 34 of the Act. Karnataka High Court.
When a non-executant seeks declaration that the sale deed is null or void and does not bind on him, he has to merely pay court fee on the value of the reliefs sought and not ad valorem court-fee on the sale consideration mentioned in the sale deeds. Karnataka High Court.
Specific Relief Act. Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed. But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non est, or illegal or that it is not binding on him. (Referred) Karnataka High Court.
Karnataka Stamp Act. The time limit of two years to initiate proceedings for undervaluation cannot be defeated by a technical contention that the exercise of calling for the document had been done by the District Registrar within two years. Karnataka High Court.
Land acquisition. When the market value is determined based on sale deeds that were executed prior to the issuance of the preliminary notification, the principle of ‘annual escalation’ must be applied to account for the appreciation in land value during the intervening period. Guidance value cannot always be the basis. Karnataka High Court.
Indian Succession Act. A probate court cannot act as a court of title and reject an application for Letters of Administration on the ground that the applicant failed to produce ‘proof of title’ or exhaustive details regarding the ownership of the properties. Karnataka High Court.
Rejection of plaint. A plaintiff cannot selectively challenge a recent transaction while ignoring the foundational registered sale deeds executed by the predecessors-in-title decades earlier; failure to challenge the root of the title within the prescribed period renders any subsequent challenge to the derivative title barred by limitation. Karnataka High Court.
A suit for partition coupled with a prayer for cancellation of a sale deed is required to be instituted within the period of three years under Articles 58 and 59 of the Limitation Act. Where the suit is instituted beyond the period of limitation, the plaint is liable to be rejected as being barred by law. Karnataka High Court.
Challenge to the final seniority list of the District Judges by the Karnataka High Court. Division bench delivers separate divergent judgements.
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.
Daksha Legal 