Answers to Kerala's Most Critical Legal Questions

“Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the erstwhile Section 438 of the Code of Criminal Procedure (CrPC).”

“Mutual consent divorce is the fastest, least acrimonious, and most cost-effective method to dissolve a marriage in Kerala.”

“A caveat is a statutory preemptive notice under Section 148A CPC requesting the Court not to pass any adverse ex-parte order without prior notice to the caveator.”

“Under Section 138 of the Negotiable Instruments Act, dishonour of a cheque for insufficiency of funds or exceeding arrangements is a criminal offense punishable with up to 2 years imprisonment or fine up to double the cheque amount.”

“Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 preserves the inherent powers of the High Court (formerly Section 438/482 CrPC) to prevent abuse of the process of any court and secure the ends of justice.”

“Article 226 of the Constitution of India confers extraordinary original jurisdiction on the High Court of Kerala to issue writs for the enforcement of fundamental rights and for any other purpose.”

“A partition suit is instituted before a civil court to divide joint family or co-owned immovable property among co-owners according to their respective statutory shares.”

“Under Section 18 of the Real Estate (Regulation and Development) Act, 2016 (RERA), if a promoter fails to give possession in accordance with the terms of the agreement, the buyer has the statutory right to withdraw and demand full refund with interest, or remain in the project and receive monthly delay interest until possession.”

“The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is a civil-cum-quasi-criminal enactment designed to grant immediate, emergency civil remedies to women in domestic relationships.”

“Police cannot freeze an entire bank account indefinitely; the Kerala High Court in Dr. Sajeer v. RBI (2024) held that debit freezes must be strictly confined to the disputed tainted amount (lien marker).”

“The Supreme Court's Constitution Bench in National Insurance Co. Ltd. v. Pranay Sethi (2017) mandates standardized additions for 'future prospects' (40% for age <40, 25% for 40-50, 10% for 50-60).”

“The statutory threshold to trigger Corporate Insolvency Resolution Process (CIRP) against a corporate debtor under Section 4 IBC is a minimum default of ₹1 Crore.”

“Under the landmark Supreme Court ruling in Jacob Mathew v. State of Punjab (2005), criminal negligence against a doctor requires 'gross negligence'; a mere error of judgment or diagnostic difference does not constitute an offense.”

“A Power of Attorney executed outside India must be authenticated by the Indian Embassy/Consulate or apostilled in a Hague Apostille member country before receipt in India.”

“The DPDP Act 2023 applies to all digital personal data processed in India and foreign personal data processed in connection with offering goods/services to individuals in India.”