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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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Latest Judgement

  • Limitation Act 1963, S. 30 – Wherever Section 30 of the 1963 Act refers to the period of limitation prescribed for a suit under the 1908 Act, it has to be understood having regard to the provisions contained in the 1908 Act extending the period of limitation prescribed in the Schedule to the said Act as well, for the expression ‘period of limitation under the 1908 Act’ contained in Section 30 of the 1963 Act means not merely the period of limitation prescribed in the Schedule to the 1908 Act.
  • Civil P.C. 1908, O.I R. 8( 4) – The decree on compromise without conforming to the provisions of Order XXIII Rule 3-B and Order I Rule 8(4) will be void only as against persons whose interests the plaintiff or the defendant, as the case may be, seek to represent
  • Administrative Law – Revenue Recovery Act 1968 (Kerala), S. 65 – Even an apparent lack of prejudice cannot excuse an authority’s failure to follow the due procedure.
  • Gram Nyayalayas Act 2008, S. 13 – In order to invoke the jurisdiction vested with Gram Nyayalayas it should satisfy the pecuniary limits of jurisdiction, namely, up to `50,000/- and also the requirement under Section 13 of the Act – Only those matters which would come under the purview of Section 13 having the value upto `50,000/- alone can be tried by Gram Nyayalayas.
  • Maintenance and Welfare of Parents and Senior Citizens Act 2007, Ss. 2(b), 2(g) & 4( 4) – A conjoint reading of the provisions would luculently show that the concept of ‘maintenance’ is not merely offering money to a senior citizen but that it is to provide for food, clothing, residence, medical attendance and treatment.
  • Motor Vehicles Act 1988, Ss. 56( 1) & 39 – Motor Vehicles Rules 1989 (Central), R. 62 – In view of the provisions under sub-section (1) of Section 56, a transport vehicle shall not be deemed to be validly registered for the purposes of Section 39, unless it carries a certificate of fitness in the form prescribed by the Central Government.
  • Civil P.C. 1908, O.XXI R. 97 – Transfer of Property Act 1882, S. 3 – A mere non-contest of the suit or the proceedings by the parties does not itself satisfy either fraud or collusion though the same are relevant factors to be looked into in answering fraud or collusion in obtaining a decree.
  • Value Added Tax Act 2003 (Kerala), Ss. 67( 1)(c) & 66 – The authority under justifiable circumstances may impose no penalty at all – Under Section 67(1)(c) the penalty ought to begin with a minimum `1,000/- and can stretch up to `10,000/-.
  • Municipality Act 1994 (Kerala), S.447 – If there is a valid tenancy arrangement between the landlord and tenant, deficiency on the part of the tenant to show that he was successively renewing the D.& O. licence and was paying the licence fee to the Municipality by itself cannot non-suit a tenant who is proved to be in possession of the premises in question.
  • Matrimonial Law – Existence of the earlier marriage is a material fact, or a vital information, which ought to have been disclosed prior to the marriage and if it is not done, it clearly amounts to non-disclosure amounting to fraud.
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