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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

  • Abkari Act 1077 (Kerala), S. 15C – Motor Vehicles Act 1988, Ss.203 & 204 – In a prosecution under Section 15C of the Act, where the prosecution relies on the oral evidence of the Officials regarding taste and odour, and where there is no Alco Meter test result, the proper procedure must be to collect the blood sample of the accused at a hospital, and get the percentage of alcohol in the blood detected by laboratory test.
  • Buildings (Lease and Rent Control) Act 1965 (Kerala), S. 11( 3) – Non-affordability to pay the rent is not a matter which assumes relevance in so far as the availability of suitable rooms is considered.
  • Khadi and Village Industries Board Act 1957 (Kerala), Ss. 30A & 30B – Constitution of India, Article 226 – The State Government has all pervasive control over the Board, even though certain functional freedom is granted to the Board with respect to acquisition of movable and immovable properties.
  • Income Tax Act 1961, S.147 – Duty of the assessee to make a full and true disclosure including the income received as interest from deposits in the Bank as stipulated in Explanation I to Section 147 – Fact that details were available in the books of account or the balance sheet or the profit and loss account will not absolve assessee from a true and correct disclosure of material facts necessary for the assessment.
  • Wakf Act 1995, S. 3(r)(i) – If a person constructs a mosque and gives permission to the people to pray therein, it is an absolute wakf and even when there is no evidence of an express dedication in words, if it appears that one single individual (other than the Wakif) has offered his prayers at the place after Azan, consecration is complete.
  • Surcharge on Taxes Act 1957 (Kerala), S. 3( 1A) – Constitution of India, Art.301 & Art. 14 – Sub-section (1A) of Section 3 of the Act is discriminatory and violative of Articles 301 and 14 of the Constitution.
  • Co-operative Societies Rules 1969 (Kerala), R. 47 – Statutory duty cast on the committee of the society to ensure proper custody and accounting of cash and other assets of the society and the committee is answerable for any misappropriation of the same during their tenure – Committee cannot wash its hands off the liability, by contending that there was a Secretary in office – Co-operative Societies Act, 1969 (Kerala) Section 32.
  • Civil P.C. 1908, O.IX R. 13 – Ex parte decree can be set aside if the party satisfies the Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing – Court shall not set aside said decree on mere irregularity in the service of summons or in a case where the defendant had notice of the date and sufficient time to appear in the Court.
  • Electricity Act 2003, S.172(d) – Power granted to the States is to stall applicability of the new Act for a maximum period of six months from the ‘appointed date’, which is 10.6.2003 – When State Government brought about the notification under Section 172(d) only on 23.8.2013 the said notification can be said to be valid for a period of six months from 10.6.2003 and not from 23.8.2013.
  • Electricity Act 2003, Ss.126 & 135 – Proceedings under Section 126 (assessment for unauthorised use) and Section 135 (prosecution for offence of theft) operate in two different fields – Mere non-initiation of proceedings under Section 135 cannot be a reason to contend that the proceedings initiated under Section 126, which is more of a civil liability, are bad in law.
KLT News :
  • 24/05/2018 - Postal Strike
    Dear Subscribers, Due to Postal Strike which is continuing , we were unable to post part 8 Dated May 21, 2018.
  • 23/09/2016 - Soumya’s mother moves SC
    ‘It does not matter whether Soumya fell or jumped off the train; the assault on her led to her death’ Almost a week after the Supreme Court commuted the death penalty of Govindachami for the murder of her daughter, Soumya Viswanathan&rs...
  • 23/09/2016 - Bar Council to varsities: Set age limit for law courses
    A gazette notification said the upper age limit for admission in LL.B three year course was 30 years and for LL.B five year course was 20 years The Bar Council of India (BCI), a statutory body under the Advocates Act of 1961 mandated among other f...
  • 23/09/2016 - SC orders centralised counselling for medical seats in MP
    Orders cancellation of counselling conducted by private colleges in the State The Supreme Court on Thursday directed that counselling for undergraduate medical and engineering students who cleared the NEET will be centralised and conducted by the M...
  • 08/09/2016 - Babita Lila v. Union of India
    Criminal P.C. 1973, Section 195 -- Section 195 of the Code read as a whole unambiguously impose restrictions in the matter of lodgement of complaint qua the offences as mentioned in sub-section (1)(b) thereof in particular - Any interpretation for i...
  • 29/08/2016 - Dhanalakshmi v. union of india
    Constitution of India, Articles 19 & 21 – Look out circular restraining petitioner from proceeding abroad who was detained and enquired in detail to disclose whereabout of her father who was involved in many criminal cases – Restrict...
  • 29/08/2016 - Bhat v. State
    Criminal P.C. Section 309 – Conducting of Criminal Trial – Holding ‘Pre Trial Conference’ assumes great importance – To be held consisting of Presiding Office, Public Prosecutors, accused, advocate for accused and conce...
  • 29/08/2016 - Kamla Devi v. Uttam Chand
    Criminal P.C. 1973, Section 125 – Maintenance can be claimed by legally wedded wife – Wife marrying respondent during subsistence of her first marriage – Her second marriage being void she cannot claim maintenance irrespective of f...
  • 26/08/2016 - Vijay Kumar Mishra v. High Court of Judicature at Patna
    Constitution of India, Articles 233(2), 14 & 16 – Candidature of person in service of union or state can be considered and he would have an option if selected to join the service as a District Judge or continue with his existing employment...
  • 25/08/2016 - Anita Kushwaha v. Pushap Sudan
    Constitution of India , Articles 32, 142, 136 & 139A –Transfer of Civil/Criminal cases to/from state of Jammu and Kashmir can be directed by Supreme Court under Articles 32 and 142 of Constitution - T.S. Thakur, C.J.I., F.M. Ibrahim Kalifu...
  • 12/08/2016 - Supreme Court of the United States
    Supreme Court of the United States Roberts, C.J., Alito, J., Kennedy, J., Breyer, J., Kagon, J., Sotomayor, J. & Thomas, J. Justice Alito Constitution of United States IVth Amendment – Warrant less breath test in drunken drive cases do n...
  • 09/08/2016 - Mohanan v. State of Kerala
    B. Kemal Pasha, J. – Mohanan v. State of Kerala – Crl. A. No.1098 of 2009 – 18.07.2016 Prevention of Corruption Act, 1988, Section 13(1)(c) – Penal Code, 1860, Section 409 – Mere retention of the amount for a short per...