• Nowhere in the Code is there any provision that restricts the power of the Court to frame charges for any offence, provided that the offence is made out from the records gathered by the prosecution.

    27/02/2024

    Nowhere in the Code is there any provision that restricts the power of the Court to frame charges for any offence, provided that the offence is made out from the records gathered by the prosecution. 2024 KLT OnLine 1122 Hon’ble Mr. Justice Bechu Kurian Thomas Johnkutty v. State of Kerala Crl.M.C. No. 131 of 2024 Decided on 27th February, 2024 For full judgment 'click here'

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  • Magistrate Court has jurisdiction to grant interim custody of the vehicle involved, notwithstanding the proceedings initiated under Section 52A of the NDPS Act. – Kerala High Court reiterates

    26/02/2024

    Magistrate Court has jurisdiction to grant interim custody of the vehicle involved, notwithstanding the proceedings initiated under Section 52A of the NDPS Act. – Kerala High Court reiterates 2024 KLT OnLine 1106 Hon’ble Mr. JusticeBechu Kurian Thomas Shiju Velappan v. Excise Range Inspector Decided on 31stJanuary, 2024 For Petitioners : Advs. Joseph Kiran D. Thekkekara, Reshma S. Menon, Davis Pius, Reshma R Nair, Arun Antony, Nazrin Hallaj, Jeo George, Shinto Sabastian, Mariya Rin...

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  • Without satisfying the twin conditions under Section 37(2) of the NDPS Act, an accused, who is alleged to have committed an offence involving commercial quantity, is not liable to be released on......

    26/02/2024

    Without satisfying the twin conditions under Section 37(2) of the NDPS Act, an accused, who is alleged to have committed an offence involving commercial quantity, is not liable to be released on bail. Kerala High Court directs Sessions Courts and Special Courts not to follow the ratio in Fasil v. State of Kerala (2023 KLT OnLine 1615)and other decisions on the same principles as the same is not a good law instead directs Courts to follow the ratio in Narcotics Control Bureau v. Mohit Aggarwal t...

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  • In the case of self accident where no other vehicle is involved claim petition submitted under Section 163A of the Motor Vehicles Act at the instance of the legal heirs of the deceased who was........

    26/02/2024

    In the case of self accident where no other vehicle is involved claim petition submitted under Section 163A of the Motor Vehicles Act at the instance of the legal heirs of the deceased who was driving the vehicle at the relevant time cannot be entertained because when a person is driving a vehicle with the consent of the owner, he steps into the shoes of the said owner and therefore, no compensation can be claimed at his instance as it would be asking compensation from himself. 2024 KLT OnLine ...

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  • The Company Law Tribunal has no power and authority under the IBC to declare an assessment order as void ab initio and non est in law.

    26/02/2024

    The Company Law Tribunal has no power and authority under the IBC to declare an assessment order as void ab initio and non est in law. 2024 KLT OnLine 1109 Hon’ble Mr. Justice Dinesh Kumar Singh Deputy Commissioner (Works Contract) v. National Company Law Tribunal Decided on 30th January, 2024 For Petitioner : Adv. Arun Chandy (Government Pleader) For Respondents : Adv. K.B. Arunkumar For full judgment : 'click here'

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