Advocate Mohan VargheseAdvocate/ Lawyer Trivandrum ( Thiruvananthapuram)

Advocate Mohan VargheseAdvocate/ Lawyer Trivandrum ( Thiruvananthapuram)

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8 Jun 2022

District Judge cannot direct quick disposal of cases, ruled High Court of Kerala

The Honourable Kerala High Court in Sobhana Vs. President, Rajani Apartment Residents Welfare Association and another has recently established that the general supervisory power available under Section 17 of the Kerala Civil Courts Act does not empower the District Judge to pass judicial orders directing the civil courts in the district to dispose of matters pending before the subordinate courts in a time-bound manner. 

     In simple terms, it means that the District Judge cannot give directions to a lower Court within its jurisdiction to dispose of a case within a certain time limit.

Advocate Mohan Varghese.

20 Jun 2021

Corrections of name, dob etc. in CBSE certificate possible.

 In a recent judgement of the Honourable Supreme Court of India, it was ruled that the name, date of birth, parents name etc. can be corrected in the CBSE certificate even after the declaration of the CBSE  results ## Reference:  Jigya Yadav (Minor)

(through Guardian/Father
Hari Singh)
Versus
C.B.S.E. (Central Board Of
Secondary Education) & Ors##
The CBSE examination bylaws expressly restrict the corrections/ changes that can be carried out in the certificate issued by the Board. This  was found to be unconstitutional by the Honourable Supreme Court. Therefore the Court has directed the CBSE to make corrections in a candidate's certificate (upon his application)  in accordance with the entries printed in public documents like Aadhar card, Pan card, Birth certificate, Election ID card etc. In the case of pupil who has effected change in his/her name or dob legally, can also apply for such corrections to be endorsed in their certificate issued by CBSE council.

Advocate Mohan Varghese.

20 Jun 2021

Can a Gulf employed person take bail and go abroad to join for duty?

     This question was answered in the affirmative ( ie. YES) by the Honourable High Court of Kerala in Arun

Baby vs. State of Kerala.
            A person who is employed abroad can take bail and travel out of India to re-join in his job. This is possible only with the permission of the Court. The Magistrate can dispense ( to exempt ) with the personal attendance of the accused during trial.
           The accused should file an affidavit in the Court undertaking that he shall appear before it as and when required and certain other affirmations also.
             If the court feels that insisting on the personal attendance of an accused in a case would be too harsh, the court can grant appropriate relief to him.

Advocate Mohan Varghese.