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Since its inception in 1949, KLT has been supporting the legal fraternity with its authentic and authoritative reporting of rulings by the High Court of Kerala, other High Courts and th .... viewmore

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  • A7 - 80978 / 2021/22-03-2024

    THE HIGH COURT OF KERALA A7 - 80978 / 2021 Kochi -682031 Date: 22-03-2024 NOTICE Sub :- Presenting physical copies of e-filed cases - modification of...
  • A7 - 80978 / 2021 - Notice

    THE HIGH COURT OF KERALA A7 - 80978 / 2021 Kochi -682031 Date: 20-03-2024 NOTICE Sub : Filing of Urgent Petition under Rule 93 of the Rules of the...
  • No.U5-104493/2021/PHQ

    POLICE DEPARTMENT t]meokv DtZymKkYcpsS s]mXpP\§tfmSpÅ s]cpamäw þþ amÀ¤ \nÀt±i§Ä ]pd...
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Latest Judgement

  • Civil P.C. 1908, S.100 – Although the phrase ‘substantial question of law’ is not defined in the Code, ‘substantial question of law’ means; of having substance, essential, real, of sound worth, important or considerable – It is to be understood as something in contradistinction with; technical, of no substance or consequence, or academic merely.
  • State and Subordinate Services Rules 1958 (Kerala), Part II R.8 Note 3 – If repatriation is after five years, such government servant will be treated as the junior most in the class, category, grade or post; and no seniority can be claimed.
  • Headload Workers Act 1978 (Kerala), S.2(j) & Schedule Item 1 to 13 – Employees working with the employer who are incidentally/occasionally carrying on the work of loading, unloading, would not be falling under the definition of head load workers and do not require such registration.
  • Land Acquisition Act 1894, Ss.18 & 30 – Only after an order of apportionment is passed, the claimant can legitimately seek a reference under Section 18of the Land Acquisition Act for enhancement.
  • Industrial Disputes Act 1947, S.33C(2) – While the existence of a right is a condition precedent to an application under Section 33C(2), the fact that it is denied or that the examination of the claim requires an enquiry into the existence of the right does not exclude the jurisdiction of the Labour Court.
  • Constitution of India, Art.226 – Writ Petition on behalf of an interested person who sought to convert a judicial review proceeding for enhancing personal gain should not have entertained by High Court.
  • Income Tax Act 1961 – As statutory provisions enable the Income Tax Department to serve notice to an assessee through e-mail, it may not be proper for an assessee to insist on a service of notice by post – If it is the stand of the Department that notices to the assessee will be served only through e-mail, then department to serve notices in all the e-mail addresses furnished by the assessee at the various stages of the litigation.
  • Transfer of Property Act 1882, Ss.3 & 8 – Even though the principle 'whatever is fixed to the soil belongs to the soil' is not applicable in India, when a party claims independent right over a building or a structure in a property which was sold for valid consideration to another person, the said plea should be specifically raised and proved.
  • Criminal P.C. 1973, S.313 – The statement given by the accused in his examination under Section 313 Cr.P.C. cannot be treated as evidence as it is not tested – But the statement made by the accused in his defence under Section 313 Cr.P.C. could certainly be taken aid to give credence to the evidence led by the prosecution.
  • State and Subordinate Services Rules 1958 (Kerala), Part II Rule 10(a)(ii) – “Note” in the “Qualifications” prescribed itself mentions that Small Scale Industrial units registered with the Industries Development Commission are also included under the term ‘Registered Institution’ – If such concern is having any recognition by the industrial department, any certificate issued by such concern is valid.
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