13/09/2024
Supreme Court quashes FIR in sex determination of a foetus and medical termination of pregnancy case: cites improper authorization of clinic search The Court clarifies that the prerequisite for searching a clinic is the Appropriate Authority's reasonable belief that an offence related to foetal sex determination has occurred. It further clarified that the authorization for such a search must be made by all three members of the Appropriate Authority, not by a single member. 2024 KLT OnLine...
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A co-owner of an undivided joint property is not competent to transfer the entire property without getting his share determined and demarcated so as to bind the other co-owners. 2024 KLT OnLine 2246 (SC) Sk. Golam Lalchand v. Nandu Lal Shaw Hon’ble Mr. Justice Sudhanshu Dhulia & Hon’ble Mr. Justice Pankaj Mithal D̳e̳c̳i̳d̳e̳d̳ ̳o̳n̳ ̳1̳0̳t̳h̳ ̳S̳e̳p̳t̳e̳m̳b̳e̳r̳,̳ ̳2̳0̳2̳4̳ For judgment 'click here'
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If there are no malafides behind the sting operation and there is no intention to target anybody, the Press persons cannot be prosecuted for the sting operation. Kerala High Court reiterates 2024 KLT OnLine 2243 Hon’ble Mr. Justice P.V. Kunhikrishnan Jaison v. Korah Decided on 5th September, 2024 For Petitioners : Adv. C.P. Udayabhanu For Respondents : Advs. Renjith T.R (Sr. Government Pleader) & C.S. Manu For judgment 'click here'
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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...
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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...
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