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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

  • Family Courts Act 1984, S. 7 – Suit for declaration that petitioner is the legally wedded wife – In order to get the relief of such a declaration, proof of solemnization of marriage, in accordance with religious rites and customs is indispensable – In such suits, Family Court has to frame an issue in that regard.
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Ss. 3( 1)(r) & 3( 1)(s) – Allegation that accused referred to the caste name of de facto complainant and further insulted and abused complainant by calling her caste name – These allegations in the first information statement given to the police prima facie attract ingredients of the offences punishable under Section 3(1)(r) & 3(1)(s) of the Act.
  • Buildings (Lease and Rent Control) Act 1965 (Kerala), S. 11( 3) – Dependency of a person on his wife or child for accommodation is different from financial dependency or other types of dependency – A person can be dependent on another for accommodation and not for any other purpose.
  • Co-operative Societies Act 1969 (Kerala), Ss. 69 & 77 – Belated challenge (nearly after two years) by way of Writ Petition against Judgment of the Co-operative Tribunal need not be entertained.
  • Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act 2012 (Kerala), Ss. 3 & 4 – Criminal P.C. 1973, S.438 – Attack on Doctors and other hospital staff – Factors to be kept in mind while considering an application for anticipatory bail.
  • National Council for Teacher Education Act 1993, S. 15 – National Council for Teacher (Recognition Norms and Procedure) Regulations 2014 – Affiliation to commence M.Ed. programme – Once the NCTE grants recognition, then such grant attains supremacy vis-a-vis the State as well as the University, which is the affiliating body – Hence the University has to conduct inspection in terms of its statutes or Regulations, without offending provisions of the NCTE Act and conditions of recognition for the purpose of granting affiliation.
  • Insecticides Act 1968, Ss. 5 & 38 – Insofar as insecticides intended for non-insecticidal purposes are brought out of the Act in terms of Section 38 of the Act, decision of the Insecticides Board and the Registration Committee constituted under the Act, putting such restriction can only be ultra vires of the Act.
  • Constitution of India, Art.226 – Constitutional adjudication under Article 226 is equitable; judicial review is not an appeal in disguise – The Court’s discretion in granting relief in Writ Petitions counters very few constraints.
  • Constitution of India, Article 226 – Writ Petition can be maintained only in a High Court, within whose territorial jurisdiction, the person, authority or the Government against which relief is sought is situated and within whose jurisdiction, cause of action, either wholly or in part, has arisen – For determining the question of jurisdiction, the fact that the authority or Government concerned has been invested with power all over the country or affecting all citizens, is not of any relevance.
  • Co-operative Societies Rules, 1969 (Kerala), Rule 198(2), (2A) & (2B) – Any exchange of notices without informing the employee in writing of the grounds on which action is proposed to be taken or without affording him an opportunity to defend is not a substitute for the mandate of sub-rules (2), (2A) and (2B) of Rule 198.
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...