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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

  • Motor Vehicles Act 1988, Chap. XI – Third party risks – In an event of a direction of ‘pay and recover’ to Insurance Company, insurer shall not be required to file a suit – It may initiate a proceeding before concerned Executing Court as if the dispute between insurer and the owner was subject matter of determination before Tribunal and was decided against the owner and in favour of the insurer.
  • Employees Provident Funds and Miscellaneous Provisions Act 1952, S. 2(f) – It cannot be countenanced even for a moment that the financial incentive or reward paid to a trainee or apprentice as a stipend or allowance as envisaged in the Model Standing Orders or in the Certified Standing Orders, etc., can be said to be an emolument which is earned by an employee while on duty from the employer in accordance with the contract of employment.
  • Co operative Societies Rules 1969 (Kerala), R.185( 8) – The benefit of relaxation of qualification as approved by the Registrar would inure from the date of resolutions itself even as per Rule 185(8) as amended.
  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, S. 3( 1)(x) – Merely calling a person by caste would not attract the penal provision.
  • Motor Vehicles Act 1988, S.169 – If mere absence of a valid license is the reason for finding negligence; then if that is permissible it has to be 100%.
  • Constitution of India, Art. 14 – There is no justification for treating persons who have acquired Post Graduate Degrees while in service differently from persons who were possessing such Post Graduate Degrees at the time of recruitment for the purpose of denial of the benefit of advance increments.
  • Education Rules 1959 (Kerala), Chap.XIV(A) R. 53 & Chap.XIV(A) R. 54 – Where a teacher had pre-resignation service but did not join the second school within a period of one month after resigning from the former school, his/her entire period of service prior to that would stand forfeited.
  • Professional Colleges (Regularisation of Admission in Medical Colleges) Ordinance 2017 (Kerala) – What the State Government has done by way of impugned Ordinance is not only impermissible and beyond legislative competence it also has the effect of perpetuating illegality and arbitrariness committed by the colleges in question by not following the mandate of law laid down by the High Court as affirmed by this Court.
  • Penal Code 1860, Ss.406 & 420 – Misappropriation for unlawful gain by subsequent conduct attracts an offence punishable under Section 406 I.P.C. but dishonest intention at the time of making promise attracts an offence under Section 420 I.P.C.
  • Industrial Disputes Act 1947, Ss. 34 & 2(s) – There is no mandate under law that such information should be provided to the Central Govern-ment only by the workman as referable under Section 2(s) of the I.D Act.
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