The determinative factor for summoning/recalling of the witness under S. 311 Cr.PC is whether it is essential to the just decision of the case. Kerala High Court reiterates the principles regarding the summoning/recalling of the witness and held that an order allowing application under Section 311 of Cr.P.C. should have specific reasonsexplaining how re-calling and re-examination of the witnesses are necessary for the just decision of the case and a cryptic non speaking order would not suffice...

Would the penal provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001, apply to river sand found on a stationary vehicle? Kerala High Court answers in affirmative interpreting the word “transport” that even when a vehicle is loaded with river sand, it will amount to transport of sand, irrespective of whether the vehicle has set in motion or not. 2024 (4) KLT 196 Hon’ble Mr. Justice Bechu Kurian Thomas Arshad v. State of Kerala Decided ...

If the order of the Appellate Authority is not acceptable to the Government, it can suo moto call for the records and revise, alter, or cancel any decision or order passed by a subordinate authority. Kerala High Courtquashing the revenue recovery proceedings clarifies that on the basis of the audit objections, the government cannot contend that an order issued by an Appellate Authority under the appellate powers vested upon him is not acceptable to them. 2024 KLT OnLine 1703 Hon’ble Mr. ...

Party seeking to invoke Section 9 of the Arbitration Act for an interim measure before the commencement of the arbitral proceedings must express a manifest intention to arbitrate. Kerala High Court rules that without being satisfied with the existence of any such manifest intention, Commercial Court will not have jurisdiction to pass an interim Order. 2024 KLT OnLine 1707 Hon’ble Dr. Justice Kauser Edappagath Joshy Francis v. James George Decided on 26thJune, 2024 For full judgment '...

Cancellation of the original assignment without offering an opportunity of being heard to the original assignee is illegal and invalid in law. 2024 KLT OnLine 1695 Hon’ble Mr. Justice K. Babu Mohammed Mammunhi v. State of Kerala Decided on 26thJune, 2024 For full judgment 'click here'