Prosecution under S. 498A of IPC cannot be quashed on the ground that there is a finding by the Magistrate Court to the effect that there is no domestic violence as defined in the Domestic Violence Act 2005. Kerala High Court clarifies that similarities in the definitions of 'domestic violence' mentioned in DV Act and 'cruelty' mentioned in S. 498A IPC is not a reason to accept the findings of the Magistrate Court in a proceeding initiated under DV Act to quash a criminal proce...

Government cannot notify an authority to re-assess disability and the Commissioner for Entrance Examinations could not rely on any other certificate superseding the disability certificate issued by the competent authorities under the RPwD Act, 2016. Kerala High Court directed the Commissioner of Entrance Examinations to reconsider eligibility of physically disabled persons for admission to the MBBS course based on statutory certification under the Disability Act of 2016. 2024 KLT OnLine 2245 ...

Circular issued by Kerala Government apply to vehicles having All India Tourist Permit and is legal and valid; penalty can be imposed on All India Permit Vehicles for unauthorisedly operating as Stage Carriages within the State of Kerala. 2024 KLT OnLine 2249 Hon’ble Mr. Justice N. Nagaresh Sarath G. Nair v. State of Kerala *Decided on 10th September, 2024* For Petitioners : Advs. Thomas T. Varghese, Philip T. Varghese, Achu Subha Abraham, K.R. Monisha, V.T. Litha, P. Deepak, Nazrin Banu...

Court taking cognizance is not a rubber stamp of theinvestigating agency or the complainant. Offences alleged are to be verified by Court before taking cognizance Kerala High Court quashes the criminal proceedings initiated under a misquoted provision of Captive Elephants Rules of 2012 against Petitioners who have conducted ‘Gaja Sangamom’ by engaging several elephants without obtaining sanction from the authorities. Hon’ble Mr. Justice P.V. Kunhikrishnan Shastra Sharman Nam...

It will be improper to discriminate inter se among a homogenous group. What is sauce for the goose should be sauce for the gander too. Supreme Court grants relief to a candidate who was denied appointment in contrast to the similarly placed candidates despite securing above the cut off marks. 2024 KLT OnLine 2244 (SC) Hon’ble Mr. Justice B.R. Gavai & Hon’ble Mr. Justice K.V. Viswanathan Manilal v. State of Rajasthan Decided on 10th September, 2024 For Judgment 'click here&...