15/03/2024
[Evidence Act, S.106] When all that is possible to prove the facts in issue have been proved by the prosecution and what remains is only the facts which are exclusively within the knowledge of the accused, the burden shifts to the accused. 2024 KLT OnLine 1193 Hon’ble Mr. JusticeP.B. Suresh Kumar& Hon’ble Mr. JusticeJohnson John Sirajudheen v. State of Kerala Decided on13thMarch, 2024 For Petitioner : Advs. P. Vijaya Bhanu (Sr.), P.M. Rafiq, M. Revikrishnan, Vipin Narayan, Ajee...
view more15/03/2024
High Court cannot use its authority to enquire about the number of vacancies, or how the vacancies will have to be reckoned. Unless there is manifest arbitrariness, the Tribunal or the court should not interfere. 2024 KLT OnLine 1194 Hon’ble Mr. Justice A. Muhamed Mustaque & Hon’ble Mrs. Justice Shoba Annamma Eapen Sheena Joson v. State of Kerala Decided on 23rd November, 2023 For Petitioners : Advs. Raghul Sudheesh, K.J. Glaxon, J. Lakshmi, Elizabeth Mathew & Bini Das For...
view more15/03/2024
Merely for the reason that the initial appointment was in a leave vacancy and followed in regular vacancy, it does not mean that there is a break in service. It is to be noted that law does not recognise different spells of service having interval to have a continuity, but only refers continuous service without any interval. 2024 KLT OnLine 1196 Hon’ble Mr. Justice A. Muhamed Mustaque & Hon’ble Mrs. Justice Shoba Annamma Eapen Manager v. State of Kerala Decided on 13th March, 2...
view more14/03/2024
Creative discretion and liberties will have to be judged from the angle of impact, it may have on general public perceptions. An omnibus declaration that a play is intended to denigrate constitutional functionaries will not behoove a constitutional democracy, since the right to constructively criticize and be critical, is fundamental to the nature of such systems and which is inherent, but subject to reasonable restrictions. In matters relating to creativity and artistic expression, intolera...
view more13/03/2024
Mere breach of contract, by one of the parties, would not attract prosecution for criminal offence in every case 2024 KLT OnLine 1181 (SC) Hon’ble Mr. Justice Sudhanshu Dhulia & Hon’ble Mr. Justice Prasanna B. Varale Naresh Kumar v. State of Karnataka Decided on 12th March, 2024 For full judgment 'click here'
view more