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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

    Clarification on Uploading OCR/Searchable PDFs in the E-Filing System in the High Court THE HIGH COURT OF KERALA HCKL/148/2024-A7 ...
  • HCKL/148/2024-A7 

    THE HIGH COURT OF KERALA HCKL/148/2024-A7 Kochi : 682 031 Date: 27.06.2024 NOTICE Sub:-Uploading of documents in e-Filing System - setting file size...
  • S.O.1071(E)

    Potable Water Bottles (Quality Control) Order, 2024 (Published in the Gazette of India Ext.No.1020, dt.6.3.2024, Part II Section 3(ii): S.O.No.1071 (...
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Latest Judgement

  • State Goods and Services Tax Act 2017 (Kerala) – Central Goods and Services Tax Act 2017, S. 75( 4) – The determination as to whether tax has not been paid or short paid or erroneously refunded, or where input tax credit has been wrongly availed or utilised etc., requires individual adjudication and decision by the ‘proper officer’ – If the officer who hears does not render the decision determining the tax, it would amount to violation of principles of natural justice.
  • Criminal P.C. 1973, S.154 – The stipulations outlined in Section 154 Cr.P.C. concerning the reading over of the information after it is written down, the signing of the said information by the informant, and the entry of its substance in the prescribed manner are not obligatory – These requirements are procedural in nature, and the omission of any of them does not impact the legal consequences resulting from the information provided under the Section.
  • Payment of Gratuity Act 1972, Sections 2(s) & 14 - Fixed Personal Allowance, Special Balancing Allowance and Special Compensatory Allowance, are ‘other allowances’ which cannot be reckoned for the purpose of gratuity to be paid to the employee - The maxim ‘ejusdem generis’ has no application as the intention and language employed in Section 2(s) of the Gratuity Act is clear and unambiguous.
  • Criminal Trial — In a case involving circumstantial evidence, the Court has to draw an inference with respect to whether the chain of circumstances is complete, and when the circumstances therein are collectively considered, the same must lead only to the irresistible conclusion that the accused alone is the perpetrator of the crime in question.
  • Limitation Act 1963, Sch.I Art. 58 – The starting point for the limitation in the case of setting aside sale deeds has two limbs: the date of execution and the date of knowledge. – There is no difficulty in applying the period of limitation expiring three years from the date of execution, provided that the plaintiff had knowledge of sale deed on the date of registration and the right to sue first accrued.
  • Narcotic Drugs and Psychotropic Substances Act 1985, S. 37 – Criminal P.C. 1973, S.439 -- An accused alleged to have committed an offence under the Act is entitled to be enlarged on bail not only subject to provisions under Section 439 of the Code but also on satisfying the twin conditions contemplated under Section 37 of the Act.
  • Criminal P.C. 1973, S.439 -- Narcotic Drugs and Psychotropic Substances Act 1985 -- It is not necessary that in every case where bail is granted to an accused in an NDPS case who is a foreign national on the ground of long incarceration of more than 50% of the minimum sentence, the condition of obtaining a ‘certificate of assurance’ from the Embassy/High Commission should be incorporated — It will depend on the facts of each case.
  • Criminal P.C. 1973, Section 91 -- The ‘Court’ referred to in Section 91 not confined only to the Court where the FIR is filed but can be the Court or any public office where the documents have been produced or kept in custody.
  • Education – Accreditation -- Agricultural University Act, 1971 (Kerala), Section 18 (2) (k) – The denial of equivalency certificate to the first batch of the course on a premise that equivalency certificate can be applied only if the institute have a record of atleast one batch of students passed out is not justified.
  • Registration Act 1908, Section 89 (5)(a) – No further registration is required and no stamp duty is liable to be paid when a partnership firm is converted to a limited liability partnership.
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