15/03/2024
In contractual matters, what is relevant are the proceedings and terms, and not the undisclosed intent of parties. 2024 KLT OnLine 1192 Hon’ble Mr. Justice Devan Ramachandran Galaxy Travel Club v. Kerala State Civil Supplies Corporation Ltd. Decided on 27th February, 2024 For Petitioner : Adv. M.B. Sandeep, K.P. Sreeja & Amal Stanly For Respondents : Advs. Molly Jacob, Lawrence D. Cunha,Mathew Kurian Mattam, Mathew Bonstane,Jijo Isaac, Sabir N.S. & Godwin Jose For full judgment...
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Misdescription of the name of one of the accused in the 161 statement of a witness cannot be seen as vitiating the entire testimony of the said witness, especially when the deposition as a whole inspires confidence in the court. Kerala High Court The Court elucidated, "When minor discrepancies or variations are pointed out in the statements of witnesses, the court has to see whether these discrepancies and variations are material and affect the prosecution's case substantially. Every ...
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[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...
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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...
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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...
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