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Since its inception in 1949, Kerala Law Times has been supporting the legal fraternity with its authentic and authoritative reporting of rulings by the High Court of Kerala, other High Courts and the Supreme Court .... viewmore

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Latest Judgement

  • Protection of Women from Domestic Violence Act 2005, Ss. 12, 18, 19, 20, 21, 22 & 26 – There is nothing in the language, scheme or purport of the D.V. Act, which can even remotely suggest that a Civil Court or Family Court is competent to deal with an application under Section 12 and grant reliefs under Sections 18 to 22 in such application under Section 12.
  • Criminal Rules of Practice 1982 (Kerala), R. 73( 2) – Practice and Procedure – It is essential to have a clear and legible record of the proceedings of the courts – If the handwriting of any Judicial Officer is not easily readable, he will have to make arrangement for the preparation of clear legible copies of the proceedings immediately after they are recorded.
  • Co operative Societies Rules 1969 (Kerala), R. 44( 1)(c)(ii) – Only the operation of sentence incurs disqualification – The legislature has guardedly employed the term ‘sentenced’ instead of ‘convicted’.
  • Penal Code 1860, S.153A – It is necessary that at least two groups or communities should be involved to attract the provisions of Section 153A I.P.C.
  • Municipality Act 1994 (Kerala), S.239 – Municipality Building Rules 1999 (Kerala), R. 22( 3) Second Proviso – If no occupancy certificate is issued within the 15 days, the owner may proceed as if such occupancy certificate has been duly issued to him.
  • Legal Services Authorities Act 1987, S. 21( 2) – Negotiable Instruments Act 1881, S.138 – In case of settlement of any matter relating to Section 138 of the Negotiable Instruments Act, the Lok Adalath must ensure that before passing the award, the entire amount settled between the parties is paid.
  • Partition Act 1893 – Co-ownership and Partition – Once a partition deed executed between some of the co-owners has been attacked by an excluded co-owner and that challenge was upheld by a court of law, it cannot be said that the parties to the partition suit, wherein the court found that each of them had a definite share, should go by the allotment in the partition deed.
  • Constitution of India, Art.226 – Co operative Societies Act 1969 (Kerala) – Co operative Societies Rules 1969 (Kerala), R.198( 2A) – The principles of natural justice even if violated will not enable the delinquent to file a Writ Petition under Article 226 of the Constitution of India so long as the sub­committee of a Co-operative Society is not a ‘State’.
  • Value Added Tax Act 2003 (Kerala), Ss. 6( 2) & 12 – Assessee is entitled to special rebate under Section 12 to compute the net tax payable by him even with respect to the additions made on the purchase suppressions deeming such purchases having been made from unregistered dealers.
  • Protection of Women from Domestic Violence Act 2005, Ss. 23, 22, 19( 1), 19( 2), 19( 3) & 19( 5) – If the court is authorised to enforce an ex parte order, it must be deemed to have all such implied powers, even in the absence of a specific statutory provision, to enforce its own order vacating the order.
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