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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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  • HCKL/148/2024 - A7

    Uploading of Documents in e-Filing System – Setting File Size Limit Per Page and Mandating Uploading of OCR/Searchable PDFs – Modificatio...
  • No: DI-1/20613/2018.

    Fixing Copying Charges for Certified Copy of Judgments and other Documents under Rule 137 of the Rules of the High Court of Kerala, 1971 – Impl...
  • A3-13727/2018

    High Court Establishment – Serving Notice through Special Messenger – Instructions Issued THE HIGH COURT OF KERALA A3-13727/2018 Kochi : ...
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Latest Judgement

  • Criminal P.C 1973, Section 482 — There cannot be two FIR on the same set of facts — Continuation of a subsequent FIR based on a different offence under a different Act on the same set of facts is an abuse of process of law and is liable to be quashed.
  • Unlawful Activities (Prevention) Act 1967, Ss. 2( 1)(d) & 43D( 5) – Constitutional courts would be justified in granting bail on grounds of violation of Part III to the Constitution, notwithstanding the restriction under Section 43D(5) of the UAPA, in situations where timely trial would not be possible and the accused suffered incarceration for a significantly long period of time.
  • Hindu Marriage Act 1955, S. 13( 1)(ia) – When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond – Divorce granted.
  • State and Subordinate Services Rules 1958 (Kerala), R. 2(11) & 2(13) – The word ‘promotion’ can only mean ‘an appointment to the post’ and that the method of appointment is immaterial does not hold good.
  • Conservation of Paddy Land and Wetland Act 2008 (Kerala), Ss. 12( 2), 23 & 2(ix) – Criminal P.C. 1973, S.482 – By the construction of a pond inside the paddy land and providing a compound wall with rocks, the nature of land will change resulting in a total impossibility of paddy cultivation.
  • Motor Vehicles Act 1988, S.166 – The component of ‘loss of future prospects’ also has to be factored in a case of serious injury resulting in permanent disablement, which ultimately has a bearing on the reduced earning capacity – The crucial factor which has to be taken into consideration is to assess as to whether the permanent disability has any adverse effect on the earning capacity of the injured.
  • Criminal P.C. 1973, Section 482 -- Prevention of Money Laundering Act 2002 – Penal Code 1860, Sections 420 & 471 – Even an administrative order can be quashed in exercise of the power under section 482 Cr.P.C, if it is required to give effect to an order issued under the Cr.P.C or if it is necessary to secure the ends of justice.
  • Co operative Societies Act 1969 (Kerala), S. 68( 1) – An inquiry under Section 68(1) of the KCS Act must focus on pinpointing the loss attributable to the actions of specific individuals rather than a broad assessment of the Committee's collective conduct.
  • Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, S. 14 – Secured asset can be taken by the secured creditor post-confirmation of sale also, which necessarily means that the character of the property as secured asset continues for the purpose of SARFAESI Act.
  • Constitution of India, Art. 14 – Panchayati Raj Prabodhak Service Rules 2008 (Rajasthan), R. 13 Proviso (v) – Prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given to the said age limit are essentially matters of policy and it was open for the Government while framing the rules to prescribe such age limits or to prescribe the extent to which any relaxation can be given – Relaxation provided for in Rule 13(v) is not arbitrary or unreasonable.
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