• The Enforcement Case Information Report will not survive if the life-giving FIR has been quashed. Kerala High Court quashes Enforcement proceedings initiated against MD of Manappuram Finance

    13/09/2023

    The Enforcement Case Information Report will not survive if the life-giving FIR has been quashed. Kerala High Court quashes Enforcement proceedings initiated against MD of Manappuram Finance The Court however cautioned that in the event of the predicate offence getting revived, it would always be open for the ED to revive the proceedings under the Prevention of Money Laundering Act, 2002. V.P. Nandakumar v. The Deputy Director & Ors. Hon’ble Justice Raja Vijayaraghavan V Decided on 25...

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  • After the issuance of the occupancy certificate by the Municipality under the RERA Act, a project cannot be treated as an ongoing project. – Kerala High Court

    13/09/2023

    After the issuance of the occupancy certificate by the Municipality under the RERA Act, a project cannot be treated as an ongoing project. – Kerala High Court The appellants had a grievance that they did not get a car park and hence submitted that since there is no completion certificate issued by the competent authority under the RERA the project must be considered as an ongoing project to bring it in the purview of 2016 RERA Act. Court interpreting Kerala Municipalities Act and the Bui...

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  • The beneficiaries of any contumacious transaction have no right or locus to be heard in the contempt proceedings as contempt is between the court and the contemnor and no third party can involve......

    12/09/2023

    The beneficiaries of any contumacious transaction have no right or locus to be heard in the contempt proceedingsas contempt is between the court and the contemnor and no third party can involve itself into the same. –– Supreme Court Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor Hon’ble Justice J.B. Pardiwala & Hon’ble Justice Manoj Misra Decided on 6th September, 2023 For full textclick here

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  • Entity under the Union Government should act with all fairness, as a model employer, guided not merely by the letter of the Rules but by its spirit as well, with a topping of compassion and humane....

    12/09/2023

    Entity under the Union Government should act with all fairness, as a model employer, guided not merely by the letter of the Rules but by its spirit as well, with a topping of compassion and humane considerations, wherever it deserves. – Kerala High Court observes The Court was displeased in the way an application for voluntary retirement tendered by an employee was accepted in a lightning speed by the employer, so that withdrawal ofthe same tendered could not be acted upon and as the same...

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  • [S. 292 IPC] A person watching an obscene video in his private time without exhibiting it to others does not amount to an offence. – Kerala High Court

    12/09/2023

    [S. 292 IPC] A person watching an obscene video in his private time without exhibiting it to others does not amount to an offence. – Kerala High Court The Court reasons that it is his private choice and interference with the same amounts to an intrusion of his privacy. However, as a parting note cautioned that the parents should never hand over mobile phones to minor children to make them happy and thereby allow unsupervised use of mobile phones by children. Aneesh v. State of Kerala Hon...

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