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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

  • Criminal P.C. 1973, S.311 – When evidence with regard to identification could not be brought on record due to an inadvertance, Trial Court was right in allowing the application filed by the prosecution seeking recall of witness.
  • Service – Anomaly between pay scales of seniors vis-a-vis their juniors, on account of implementation of the 6th Pay Commission Report – Court directs rectification of the said anomaly.
  • Civil P.C. 1908, Ss. 24 & 25 – Special Marriage Act 1954, S. 40A – Hindu Marriage Act 1955, S. 21 – Consideration of a petition filed under Sections 24 or 25 of the C.P.C., stand on a different and broader footing than the one envisaged in Section 40A of the Special Marriage Act and Section 21A of the Hindu Marriage Act.
  • Penal Code 1860, S.299 – Causation meaning of – Causation simply means “causal relationship between conduct and result”.
  • FACT Employees (Conduct, Discipline and Appeal) Rules 1977, R. 26 – The statement taken behind the back of delinquent employee during the time of investigation cannot be accepted except after it is put to the witness during the course of enquiry in which the delinquent employee is given opportunity to cross examine.
  • Narcotic Drugs and Psychotropic Substances Act 1985, S. 50 – As soon as the search of a person takes place, the requirement of mandatory compliance with Section 50 is attracted, irrespective of whether contraband is recovered from the person of the detainee or not.
  • Information Technology Act 2000, S. 67A – Term “sexually explicit” is often used as euphemism for pornography – It includes un-simulated sexual acts, sexual intercourse and uncovered genitalia – Freedom that social media offers cannot be exploited to do online baiting wherein the de facto complainant is branded as being sexually promiscuous.
  • Industrial Disputes Act 1947, Ss. 33( 2)(b) & 17B – Order passed by Industrial Tribunal under Section 33(2)(b) rejecting application to confirm order discharging or dismissing an employee from service can be termed as an award within the meaning of Section 17-B – Section 17B would apply.
  • Service – Initial engagement of Siksha Sarathis for 11 months which continues for more than a decade which indicate the necessity and utility as assistants to the Teachers – Ends of justice would meet if similar benefit as granted to the muster roll work charged and similarly placed employees working since last more than 10 years (not in sanctioned post) extended to Siksha Sarathis.
  • Narcotic Drugs and Psychotropic Substances Act 1985, Ss. 21(b) & 23(b) – Customs Act 1962, S.103 – Constitution of India, Art. 21 – Power to screen or X-ray bodies of suspected persons for detecting secreted goods – Discovery of contraband inside the body – After holding X-ray, he was kept under surveillance at the office till he defecated on next morning ejecting contraband from his body – Magisterial permission for recovery of contraband not taken – Violative of statutory scheme but also an infringement of his fundamental right under Article 21 – Conviction set aside.
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