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KERLA LAW TIMES

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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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Latest Judgement

  • 2023 (6) KLT 609
    Panchayat Raj (Taxation Levy and Appeal) Rules 1996 (Kerala), R.14 – Even if the tax is payable retrospectively, unless there is notice under Rule 14 informing the petitioner that the tax is payable because of the retrospectivity of the Act 1994, the prosecution is unsustainable.
  • 2023 KLT OnLine 1988 (SC)
    Narcotic Drugs and Psychotropic Substances Act 1985, S.50 – Section 50 of the NDPS Act was not required to be complied with if the recovery was from the bag.
  • 2023 (6) KLT 603
    Criminal P.C. 1973, S.391 – There are no fetters on the powers of the Appellate Court to record additional evidence under Section 391 of the Code.
  • 2023 KLT OnLine 2027 (SC)
    Arbitration and Conciliation Act 1996, Ss.34 & 37 – In the wake of authority of judicial determination made by the Courts of law, any award of an arbitrator or a tribunal that seeks to overreach a binding judicial decision, does conflict with the fundamental public policy and cannot, therefore, sustain.
  • 2023 (6) KLT 598
    High Court Act 1958 (Kerala), S.5 – Criminal P.C. 1973, S.482 – Constitution of India, Art.226 – No appeal would lie under Section 5 of the Kerala High Court Act against an order passed under Section 482 of the Cr.P.C.
  • 2023 KLT OnLine 2028 (SC)
    Employees Provident Funds and Miscellaneous Provisions Act 1952, Ss.1(3)(b) & 7A – Clubbing of two units for coverage – The mere fact that two Institutes, managed and controlled by the same management, offer different courses or were established at different times is not relevant for their clubbing under the EPF Act – Fact that one of the institutes receives 100% grant-in-aid from the government while the other is receiving to the extent of 70%, is also not relevant.
  • 2023 KLT OnLine 2032 (SC)
    Penal Code 1860, Ss.300 Excp.4, 302 & 304 Part 1 – When the accused had suddenly stabbed the deceased during a heated verbal argument with him and not during a pre-planned attack which was carried out with the sole intention of causing the death of the deceased and when clear intent needed to prove culpable homicide amounting to murder has also not been established by the prosecution, the offence would fall under Exception 4 to Section 300 IPC.
  • 2023 (6) KLT 591
    Motor Vehicles Act 1988, S.163 – Injury case – Multiplier method laid down in Sarla Verma (2010 (2) KLT 802 (SC)), approved in Reshma Kumari (2013 (2) KLT 304 (SC)) and reiterated by the Constitution Bench in Pranay Sethi (2017 (4) KLT 662 (SC)), would not undergo any change, if the result of the accident is an injury, instead of a death.
  • 2023 KLT OnLine 2031
    Public Health Engineering Subordinate Service Special Rules 1966 (Kerala), Rr.2 & 6 – Public Health Engineering Service Special Rules 1960 (Kerala), R.4 – Having availed the benefit of promotion under the Diploma quota as an Assistant Executive Engineer, the person concerned cannot thereafter claim promotion as Executive Engineer in the Degree quota.
  • 2023 (6) KLT 586
    Transfer of Property Act 1882, S.53A – Registration Act 1908, S.17(1A) – Documents containing contracts to transfer for consideration of any immovable property for the purpose of Section 53A of the TP Act shall be registered.

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