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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

  • 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.
  • Insolvency Act 1955 (Kerala), S. 6 – Transfer of Property Act 1882, S. 53 – In a creditor petition grounded on an ‘act of insolvency’ no such protection is available to a bona fide purchaser without notice and as such the court cannot entertain any such contention based on bona fide purchaser.
  • Service – Constitution of India, Art.226 – Disciplinary proceedings – Disobedience, whether by act or omission, coupled with the necessary intention-mens rea, makes it wilful and amounts to insubordination.
  • Revenue Recovery Act 1968 (Kerala), S. 7 – Revenue Recovery Rules 1968 (Kerala), R. 4 – Recovery of collection charges from payment effected in instalments – Whether sustainable ?
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