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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.O.(Ordinary)No.1602/2017/PED
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Latest Judgement

  • Income Tax Act 1961, S. 32 — The process of propagation by obtaining cut-plants from a mother plant which is nothing but vegetative propagation in terms of botanical terminology cannot be treated as an activity for the purpose of treating that procedure to be of such a nature to entitle an assessee to claim depreciation for the mother plant.
  • Criminal P.C. 1973, S.233( 3) — The application of the accused for issue of process for compelling the attendance of any witness or the production of any document or thing cannot be rejected by the Court as unnecessary.
  • Dowry Prohibition Act 1961, S. 4 — Penal Code 1860, S.498A — When the Legislature has prescribed minimum sentence without discretion, the same cannot be reduced by the Courts.
  • Civil P.C. 1908, S. 92 — Suit for declaration that the schedule property belongs to a Devaswom and that it does not belong to a Grama Samooham — The suit ought to have been either on behalf of a deity or if proper reliefs are claimed in terms of Section 92 of C.P.C. in relation to management and securing the properties, it should have gone under Section 92 of C.P.C.
  • Criminal P.C. 1973, Ss.372 & 378 — Limitation Act 1963, Art.114 — When Article 114 of the Limitation Act stipulates a period of limitation with respect to the appeals under sub-sections (1) and (2) of Section 378, the limitation prescribed for those appeals would apply equally to the appeals under the proviso to Section 372 — The question of applicability of the provisions of Article 114 in the case of an appeal filed under the proviso to Section 372 Crl.P.C. referred to Full Bench in view of Vinod's case (2016 (1) KLT 680).
  • Penal Code 1860 — In “negligence”, the wrong doer breaks a positive duty and in “rashness” he breaks a negative duty.
  • Civil P.C. 1908, O.XXIII R. 1A — After substitution (transposition) under Rule 1A of Order XXIII the original plaintiff would not be in the party array of the suit unless they were subsequently impleaded as a co-defendant by making proper application.
  • Co operative Societies Rules 1969 (Kerala), R. 35A — A decision of the managing committee to conduct election to form a new managing committee on an early date is not illegal
  • High Court Service Rules 2007 (Kerala) — The rules do not provide for any ratio to be maintained, either while determining the cadre strength of the respective posts, or in the matter of promotion from Chauffeur Grade II to Chauffeur Grade I.
  • Motor Vehicles Act 1988, Ss. 39, 48, 62, 66, 84, 86 & 149( 2) — When the vehicle is not having a ‘Fitness Certificate’, it will be deemed as having no certificate of registration and when the vehicle is not having Permit or Fitness Certificate, nobody can drive such vehicle and no owner can permit use of any such vehicle compromising with lives and limbs of the passengers and the general public — Such lapse, can only be regarded as a ‘fundamental breach’ and not a technical breach.
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...