01/07/2024
New Criminal Laws replacing IPC, Cr.PC and Evidence Act takes off The three criminal laws Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) which received presidential assent on 25thDecember, 2023 and notified to be effective from 1stJuly, 2024 is in force from today. The only Section that is kept in abeyance is Section 106(2) of BNS which is a new section relating to hit and run cases which comes s...
view more30/06/2024
Administrative Tribunal, constituted to exercise power of judicial review of an administrative action cannot convert itself into an administrative authority by undertaking the task of re-fixation of pay of an employee. 2024 KLT OnLine 1709 Hon’ble Mr. Justice Amit Rawal & Hon’ble Mr. Justice Easwaran S. Ramkumar v. Union of India Decided on 10thJune, 2024 For full judgment 'click here'
view more30/06/2024
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...
view more29/06/2024
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 ...
view more29/06/2024
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. ...
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