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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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  • G.P.(ssI) \No.214b2017/LSGD
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Latest Judgement

  • Service – Whether the retired teacher receiving pension can be treated as ‘wholly dependant’ for the purpose of medical reimbursement?
  • Service – Acquittal in a criminal case does not automatically entitle the employee for appointment to the post.
  • Insolvency Act 1955, (Kerala), S.59 – The mere fact of the pendency of an F.I.R against a person, would not be sufficient reason to assert that he is disqualified for being considered for public appointments.
  • Service – Compassionate employment – Whether the death was in a war field or in a peace area will not make any difference as ‘death is death’ so far as the dependents are concerned.
  • Prisons and Correctional Services (Management) Rules, 2014 (Kerala), R. 397(h) – Applications for parole for the first time, whether it is addressed to the Director General (Prisons) or the Superintendent of Prisons, shall be forwarded to the Director General (Prisons) along with the reports contemplated under Rule 397(h), expeditiously.
  • Motor Vehicles Act, 1988, Ss.110CC & 171 – Once the discretion has been exercised by the Tribunal to award simple interest on the amount of compensation at a particular rate and from a particular date, there is no scope for retrospective enhancement for the default in payment of compensation.
  • Co-operative Societies Act, 1969 (Kerala), S. 69 – Upto what extent the ratio of Dharappa’s case (2007) 9 SCC 109) would apply to Section 69 of the KCS Act – Explained.
  • Income Tax Act, 1961, S. 143 -- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S.96 -- Constitution of India, Art.265 – If the capital gains on a transaction is exempted from payment of tax, the assessing officer has a duty to refrain from levying tax on the said capital gains and the assessing officer cannot, in such cases, refuse to grant relief under Section 143 of the Act to the assessee on the technical plea that the assessee has not filed a revised return.
  • Buildings (Lease and Rent Control) Act, 1965 (Kerala), Ss. 11(7) & 11(4)(iii) – Merely for the reason that term “Private Trust” or “Public Trust” is employed in the nomenclature of a Trust Deed, it cannot be safely concluded that Trust is a Private Trust or a Public Trust – Characteristics of beneficiaries to whom endowment is dedicated is decisive and determinant and it determines the nature and status of the Trust and it must be tested objectively.
  • Negotiable Instruments Act, 1881, S. 138 -- Criminal P.C. 1973, S. 243 -- As of now there are no scientific and technical facilities available in India to scientifically determine the age of the handwritings and signatures in a cheque.
KLT News :
  • 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...
  • 09/08/2016 - Ashok Kumar v. State of Kerala
    B. Kemal Pasha, J. – Ashok Kumar v. State of Kerala - Crl. M.C. No.4789 of 2016 – 28.07.2016. Penal Code, 1860, Section 84 – The order to establish legal sanctity and to take shelter under Section 84 of the Indian Penal Code an ac...
  • 08/08/2016 - Ramu v. Bar Council of Tamil Nadu
    V. Ramasubramanian & N. Kirubakaran, JJ. – Ramu v. Bar Council of Tamil Nadu - W.P.(MD) No.3731 of 2011 – 20.04.2016 Advocates Act 1961, Sections 24 & 58(1) - Bar Council of India Rules 1975, Rule 1(1)(c) – Legal Professio...