Criminal P.C., 1973 - Ss. 437 & 482 - A bail once granted cannot be cancelled on the off chance or on mere suppositions. [Para 15] Raja Vijayaraghavan V., J. Jeri Cheriyan v. State of Kerala, 2019 (1) KLT 183 : 2019 (1) KHC 133 http://bit.ly/CrlMC8826of2018 21-12-2018
Shops and Commercial Establishments Act, 1960 (Kerala) - Hospital, whether it earns profit or not, comes under the Act. [P.R. Ramachandra Menon & N. Anil Kumar, JJ. Para 18] M/s. Lourdes Hospital v. Dr. Abraham Mathew, 2019 (1) KHC 250 W.A. No. 1737 of 2013 20-12-2018
Constitution of India - Co-operative Bank – There are situations where President has locus standi to maintain the writ petition such as when the Managing Committee is sought to be superseded. Thelliyoor Service Co-operative Bank Ltd. No. A 361 v. State Co-operative Election Commission, 2019 (1) KLT 18 : 2019 (1) KHC 28 W.A. No. 2379 of 2018 20-12-2018
Kerala Police Act, 2011 - S. 63 - No discretion is vested in any of officers of police department, however high he may be, to decide as to which court order shall be enforced and which shall not be - An order of injunction, if violated, can be enforced by taking punitive action against contemnor under Order XXXIX Rule 2A CPC as well as by enforcement of order with the aid of Police by invoking Section 151 CPC. Johnson Kuriakose v. Fr. Thomas Paul Ramban, 2019 (1) KLT 6 : 2019 (1) KHC 31 http://bit.ly/OPC3147of2018 18-12-2018
Electricity Act, 1910 - S. 23( 2) – Regulations Relating to Conditions of Supply of Electrical Energy 1990 - Reg. 42(d) - Misuse of Energy - there must necessarily be use in excess of contracted load or a misuse by the consumer for which a higher tariff is applicable. Varghese v. State of Kerala, 2019 (1) KLT 1 W.A. No. 2276 of 2016 16-12-2018
Municipality Act, 1994 (Kerala) - When application for licence was preferred by the Managing Partner and the firm was the recognized tenant under the landlord, it cannot be said that consent letter from the landlord is required, in order to process tenant's application for renewal of trade licence. Babu C.S. v. C. Vijayan @ Raghavan, 2019 (1) KHC 25 W.A. No. 2426 of 2018 14-12-2018
Criminal Procedure Code, 1973 - Special Judge/Magistrate cannot refer a complaint for investigation u/s 156(3) of the Cr.P.C. against a public servant without a valid sanction order from the Government - Until a final decision is taken in the reference in Manjju Surana v. Sunil Arora, 2018 (2) KLT 315, the dictum laid down in Anil Kumar v. M.K. Aiyappa, (2013) 10 SCC 705 holds the field. A.M. Shaffique v. P. Somarajan, JJ. [Para 17] Muhammed V.A. v. State of Kerala, 2019 (1) KHC 239 O.P. (Crl.) No. 98 of 2018 12-12-2018
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - In view of the amendment of the provisions, the Magistrate has no jurisdiction to take cognizance for the offences under the SC/ST Act with effect from 26.1.2016. Baiju v. State of Kerala, 2019 (1) KLT 27 Crl. M.C. No. 8130 of 2018 11-12-2018
Kerala Co-operative Societies Act & Rules, 1969 - Kerala Co-operative Societies Rules 1969 (Kerala) - Inquiry or Inspection - prima facie allegations / doubts in the manner of conduct of the affairs of the society - Registrar can order inspection. Shamsudeen v. Registrar of Co operative Societies, 2019 (1) KLT 38 W.P. (C) No. 36025 of 2018 http://bit.ly/OPFC290of2018 07-12-2018
Panchayat Raj Act, 1994 (Kerala) - Panchayat Raj (Property Tax and Service Tax and Surcharge) Rules, 2011 (Kerala) - Classification of the entire area of the Panchayat into one single zone and the consequent tax collection - There is no compulsion made on the Panchayat to classify the area of Panchayat into different zones. Gopinathan S. v. State of Kerala, 2019 (1) KLT 29 : 2019 (1) KHC 18 W.P. (C) No. 22102 of 2015 03-12-2018
Civil P.C. 1908 - S.100 - Appeal - The test available to find out 'an aggrieved person' for the purpose of enabling a right of appeal lies on the question whether he is bound by the decree in spite of his non inclusion as a party to the lis. [P. Somarajan, J., Para 9] Thottappayil Suresan v. A.P. Gopalakrishnan, 2019 (1) KHC 284 R.S.A. No. 690 of 2005 03-12-2018
Arbitration and Conciliation Act, 1996 - S. 29A. Time limit for arbitral award - Enlargement of time can be granted either before or after the expiry of the period for passing the award. P.V. Asha, J. [Para 14] Union of India v. Advanced Polymer Technology, 2019 (1) KHC 234 O.P. (ICA) No. 5 of 2018 03-12-2018