Walayar Case: Commission Of Inquiry Reduced To A Mockery
5 years, 1 month ago

Walayar Case: Commission Of Inquiry Reduced To A Mockery

Live Law  

Today the local news channels of Kerala have flashed the breaking news that the State Cabinet has appointed a retired District Judge as a Commission of Inquiry to go into the lapses in the investigation and prosecution of the Walayar case in which two juvenile girls who were allegedly ravished and subjected to sexual abuse repeatedly, committed suicide. While matters stood thus, what was the expediency which prompted the Government to indulge in the wasteful exercise of appointing a Commission of Inquiry to make a Report about the investigation and prosecutional lapses at a time when the whole issue is sub judice before the High Court. KLT 1039 ; Mohammed Haneefa v. State of Kerala 1988 KLT 919; para 32 of Baliram v. Justice B. Lentin AIR 1988 SC 2267). 3 SCC 609 = AIR 1988 SC 1883; Page 1045 of Balakrishan Pillai v. State of Kerala 1988 KLT 1039 ; Mohammed Haneefa v. State of Kerala 1988 KLT 919).

Kerala Court Inquiry Air State Commission Commission Of Inquiry Vide 1988 Klt Baliram  inquiry  sc  air  case  state  1988  mockery  walayar  v  vide  kerala  reduced  court  commission

History of this topic

Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)
3 days ago

Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)

Live Law  

SUPREME COURT ANNUAL DIGEST 2024 - CODE OF CIVIL PROCEDURE, 1908 Section 9 and Order 7 Rule 1 - Jurisdictional Fact and Maintainability of Suit - The issue of maintainability of a suit pertains to the jurisdiction of the trial court and strikes at the root of the proceedings under Order VII Rule 1, CPC. Shri Mukund Bhavan Trust v. …

Kerala High Court Quarterly Digest: October - December, 2024 [Citations: 608 – 828]
1 week ago

Kerala High Court Quarterly Digest: October - December, 2024 [Citations: 608 – 828]

Live Law  

Nominal Index XXX v State of Kerala & Connected Matter, 2024 LiveLaw 608 N. Bhasurangan v The Assistant Director & Akhiljith J. @ Pulsar Suni v Station House Officer, 2024 LiveLaw 807 Sadhoo Beedi Enterprises v The Controlling Authority and Another, 2024 LiveLaw 808 Rollymol v State of Kerala, 2024 LiveLaw 809 Asha Lawrence v State of Kerala and Others, …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
1 week ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Supreme Court Weekly Round-up: December 16, 2024 To December 22, 2024
2 weeks, 2 days ago

Supreme Court Weekly Round-up: December 16, 2024 To December 22, 2024

Live Law  

Index Citations New India Assurance Co. Ltd. v. Velu & Anr. The court reduced the death sentence of the accused to a sentence of imprisonment for 25 years as “the present is not a case where it can be said that the possibility of reformation is completely ruled out.” Case Details: Ayub Khan v. State of Rajasthan Citation: 2024 LiveLaw …

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22
2 weeks, 2 days ago

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22

Live Law  

National Consumer Disputes Redressal Commission Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC Case Title: State Bank of India Vs. R. Vishwanatha Pai Case Number: R.P. Haryana Consumer Disputes Redressal Commission Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation Case title: Mrs. Neeru Bala Mahendru vs Ansal Properties & …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
4 weeks, 2 days ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Supreme Court Monthly Round-up: November 2024
1 month ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024
1 month, 1 week ago

Kerala High Court Weekly Round-Up: November 25 - December 01, 2024

Live Law  

Nominal Index State of Kerala v Jayakrishnaraj G, 2024 LiveLaw 748 Baburaj Jacob v State of Kerala and Another, 2024 LiveLaw 749 The Federal Bank Ltd. v The Additional/ Joint/ Dputy/ Assistant Commissioner of Income Tax, 2024 LiveLaw 750 Pooja Anand v Ashokan K. and Another, 2024 LiveLaw 751 Georgekutty C X v Chairman and Managing Director, KSEB, 2024 LiveLaw …

Kerala High Court Weekly Round-Up: November 18 – November 24, 2024
1 month, 2 weeks ago

Kerala High Court Weekly Round-Up: November 18 – November 24, 2024

Live Law  

Nominal Index Nimija v State of Kerala, 2024 LiveLaw 727 Case Title: TNS India Pvt. Ltd. v. Assistant Commissioner of Income Tax, 2024 LiveLaw 743 Baiju George v. Commissioner Of Goods And Service Taxes Department, 2024 LiveLaw 744 The Assistant Commissioner Of State Tax v. Bhima Jewellery And Diamonds P. Ltd., 2024 LiveLaw 745 Suo Motu JPP initiated by the …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
1 month, 2 weeks ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month, 2 weeks ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Kerala High Court Weekly Round-Up: November 4 – November 10, 2024
1 month, 4 weeks ago

Kerala High Court Weekly Round-Up: November 4 – November 10, 2024

Live Law  

Nominal Index Indian Broadcasting And Digital Foundation V The Telecom Regulatory Authority Of India, 2024 LiveLaw 690 Anu S P v State of Kerala, 2024 LiveLaw 691 Ajith Pillai v State of Kerala, 2024 LiveLaw 692 Asha v State of Kerala and Another, 2024 LiveLaw 693 Sreekumar Menon v State of Kerala and Another, 2024 LiveLaw 694 B. Aboobacker and …

Kerala High Court Weekly Round-Up: July 16 – July 21, 2024
5 months, 2 weeks ago

Kerala High Court Weekly Round-Up: July 16 – July 21, 2024

Live Law  

Nominal Index Remya Haridas v State of Kerala and Others, 2024 LiveLaw 437 Abdul Razak v Union of India, 2024 LiveLaw 438 Vivek Joy v State of Kerala & Connected Case, 2024 LiveLaw 439 Soman T. N. v Additional District Collector and Others, 2024 LiveLaw 440 Joby George v Siby Valloran, 2024 LiveLaw 441 Sajith Shyam v State of Kerala, …

Consumer Cases Monthly Digest: June 2024
5 months, 3 weeks ago

Consumer Cases Monthly Digest: June 2024

Live Law  

National Consumer Disputes Redressal Commission Limitation Period Under Policy Is Shorter Than Statutory Period For Filing Complaint, Unenforceable And Void: NCDRC Holds Oriental Insurance Liable For Deficiency In Service The National Consumer Disputes Redressal Commission, presided by Subhash Chandra and Sadhna Shanker, held that the Consumer Protection Act 1986 provides a two-year limitation period for filing a complaint, and the …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
5 months, 4 weeks ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

Kerala High Court Weekly Round-Up: June 24 - June 30, 2024
6 months, 1 week ago

Kerala High Court Weekly Round-Up: June 24 - June 30, 2024

Live Law  

Citations: 2024 LiveLaw 378 to 2024 LiveLaw 396 Nominal Index Amal v State of Kerala, 2024 LiveLaw 378 Kishore Kumar J V Additional Chief Secretary & Connected Matter, 2024 LiveLaw 379 Sakeer v State of Kerala, 2024 LiveLaw 380 The Federal Bank Ltd. V Federal Bank Officer's Association, 2024 LiveLaw 381 Sharafudheen v State of Kerala & Connected Cases, 2024 …

Decision Taken By New Resolution Professional Cannot Be Objected By Erstwhile Resolution Professional: NCLAT Delhi
7 months, 3 weeks ago

Decision Taken By New Resolution Professional Cannot Be Objected By Erstwhile Resolution Professional: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Delhi Bench, comprising Shri Justice Ashok Bhushan Shri Barun Mitra and Shri Arun Baroka, in Partha Sarathy Sarkar vs Union of India & Ors. has held that the decision taken by New Resolution Professional cannot be objected by the Erstwhile Resolution Professional after replacement who is now proceeding with the CIRP Background Facts The …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
8 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]
9 months, 1 week ago

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]

Live Law  

Nominal Index Ahammedkutty Bran v Sukumaran 2024 LiveLaw 146 B. v State of Kerala 2024 LiveLaw 147 Manuja Mythri v Advocate T K Ajan 2024 LiveLaw 148 Dr.Navaneeth K.Unni v State Represented By Public Prosecutor 2024 LiveLaw 149 State of Kerala v. Kuniyil Shanoob and ors 2024 LiveLaw 150 Manoj v. State of Kerala 2024 LiveLaw 151 Firos C.A. Kerala …

Kerala High Court Weekly Round-Up: March 18- March 24, 2024
9 months, 1 week ago

Kerala High Court Weekly Round-Up: March 18- March 24, 2024

Live Law  

Nominal Index Sudha V Mohan v The Authorized Officer, 2024 LiveLaw 184 Jomet and ors. Kamirul Islam v CBI, 2024 LiveLaw 192 Vineeth V V v Kerala State Electricity Board Ltd., 2024 LiveLaw 193 Case Title: Muhammed C K Versus Assistant Commissioner Of Income Tax, 2024 LiveLaw 194 Rajachandrasekharan @ Babu v. State of Kerala, 2024 LiveLaw 195 Dr. Radhika …

Kerala High Court Weekly Round-Up: February 19
10 months, 2 weeks ago

Kerala High Court Weekly Round-Up: February 19

Live Law  

Nominal Index Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board 2024 LiveLaw 120 K C Ramachandran v State of Kerala & Connected Matters 2024 LiveLaw 121 Lini v State of Kerala 2024 LiveLaw 122 Arifa PK v. State of Kerala 2024 LiveLaw 123 Kuttiyali v State of Kerala & Connected Matters 2024 LiveLaw 124 Bethsaida Hermitage & Tourism …

Kerala High Court Weekly Round-Up: February 5 - February 11, 2024
10 months, 4 weeks ago

Kerala High Court Weekly Round-Up: February 5 - February 11, 2024

Live Law  

Nominal Index Radhika v. Unnikrishnan 2024 LiveLaw 88Deputy Commissioner, Kerala State Goods and Services Tax Department vs. National Company Law Tribunal 2024 LiveLaw 89Shinoj Singh & Ors. Case Title: Deputy Commissioner, Kerala State Goods and Services Tax Department vs. National Company Law Tribunal Citation: 2024 LiveLaw 89 While allowing a Writ Petition, the Kerala High Court bench of Justice Dinesh …

Kerala High Court Weekly Round-Up: January 29- February 4, 2024
11 months ago

Kerala High Court Weekly Round-Up: January 29- February 4, 2024

Live Law  

Nominal Index Venugopal v State of Kerala, 2024 LiveLaw 72 Shree Dhanwantari Chits India Pvt Ltd. v. Banu & ors., 2024 LiveLaw 73 Welfare Association of Kitco Employees & ors v. Kerala Industrial and Technical Consultancy Organization & ors., 2024 LiveLaw 74 XXX v. State of Kerala, 2024 LiveLaw 75 Arifa TK v. The District Collector & ors., 2024 LiveLaw …

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024
11 months, 2 weeks ago

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024

Live Law  

Nominal Index Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw 42 Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw 43 XXX & Ors. Kerala HC Refers To Division Bench Case title: Lekshmi M V Sudhamony Amma Citation: 2024 LiveLaw 45 The Kerala High Court has referred the decision of a single judge in Natarajan T.K. …

Weekly Digest Of IBC Cases: 8th To 14th January 2024
11 months, 3 weeks ago

Weekly Digest Of IBC Cases: 8th To 14th January 2024

Live Law  

NCLAT Case title: Partha Sarathy Sarkar v Specified Undertaking of Unit Trust of India Ltd & Ors. 1340 of 2023 The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, has held that when the Committee of Creditors passes a resolution to replace the Resolution Professional, then it is not open for …

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-IX]
11 months, 3 weeks ago

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-IX]

Live Law  

Q.41 The accused in a murder case when arrested by the police makes the following statement:- “That knife is concealed beneath the tiles of the cowshed of my neighbor Antony. But see Ajayan v. State of Kerala - 2011 KLT 8 - - J. Chelameswar - CJ, Thomas P. Joseph, P. R. Ramachandra Menon - JJ, where it is held …

Monthly Digest Of IBC Cases: November 2023
1 year, 1 month ago

Monthly Digest Of IBC Cases: November 2023

Live Law  

Supreme Court IBC Resolution Plan Can't Ignore Government Dues: Supreme Court Dismisses Review Petitions Against 'Rainbow Papers' Case title: Sanjay Agarwal v. State Tax Officer Citation: 2023 LiveLaw 939 The Supreme Court has dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code, 2016 …

Kerala High Court Weekly Round-Up: November 6 - November 12, 2023
1 year, 1 month ago

Kerala High Court Weekly Round-Up: November 6 - November 12, 2023

Live Law  

Nominal Index Roli Pathak v Union of India 2023 LiveLaw 629 Shibu J v State of Kerala 2023 LiveLaw 630 Mathrubhumi Printing & Publishing Co. Ltd v State of Kerala 2023 LiveLaw 631 XXX & Anr. 2023 LiveLaw 640 Shijo Das v. State of Kerala 2023 LiveLaw 641 Sreeja @Sini v State of Kerala 2023 LiveLaw 642 Raveendranath v. State …

Weekly Digest Of IBC Cases: 30th October To 5th November 2023
1 year, 2 months ago

Weekly Digest Of IBC Cases: 30th October To 5th November 2023

Live Law  

Supreme Court IBC Resolution Plan Can't Ignore Government Dues: Supreme Court Dismisses Review Petitions Against 'Rainbow Papers' Case title: Sanjay Agarwal v. State Tax Officer Citation: 2023 LiveLaw 939 The Supreme Court has dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code, 2016 …

Monthly Digest Of IBC Cases: October 2023
1 year, 2 months ago

Monthly Digest Of IBC Cases: October 2023

Live Law  

Supreme Court The Supreme Court bench comprising Justices S Ravindra Bhat and Aravind Kumar, has held that homebuyers cannot be treated differently from other "financial creditors" under the Insolvency and Bankruptcy Code 2016 just because they have secured orders from the authority under the Real Estate Act 2016. 799 of 2023 The National Company Law Appellate Tribunal, Principal Bench, New …

Supreme Court Weekly Round-Up(23rd-29th October)
1 year, 2 months ago

Supreme Court Weekly Round-Up(23rd-29th October)

Live Law  

Nominal Index Tottempudi Salalith v State Bank Of India 2023 LiveLaw 914 M/S Unibros v. All India Radio, 2023 LiveLaw 918 Debasish Paul v. Amal Boral, 2023 LiveLaw 919 Mumtaz Yarud Dowla Waqf v. M/S Badam Balakrishna Hotel Pvt Ltd. 2023 LiveLaw 920 Manmohan Gopal v. State Of Chhattisgarh, 2023 LiveLaw 921 Ambalal Parihar v. State of Rajasthan and ors, …

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court
1 year, 3 months ago

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court

Live Law  

C O N T E N T SSl. Such insensitivity by the companion Judges has resulted in a grave travesty of Justice by setting a bad precedent with regard to “recovery evidence” falling under Section 27 of the Evidence Act, Hereafter, it is open to any lawyer in any part of the country to successfully argue even before a Magistrate …

Consumer Case Weekly Round-Up: 18th September 2023 – 23rd September 2023
1 year, 3 months ago

Consumer Case Weekly Round-Up: 18th September 2023 – 23rd September 2023

Live Law  

Ministry of Consumer Affairs, Food and Public Distribution In an official government notification issued on September 19th, the Ministry of Consumer Affairs, Food & Public Distribution has announced an outstanding achievement in resolving consumer cases by the National Consumer Disputes Redressal Commission. Chandigarh District Consumer Disputes Redressal Commission-I Unilateral Payment Demands Amount to Unfair Trade Practice, Chandigarh District Commission Holds …

Kerala High Court Issues Directions To Ensure Fairness In Selection Of Melsanthies Of Sabarimala, Malikappuram Temples
1 year, 3 months ago

Kerala High Court Issues Directions To Ensure Fairness In Selection Of Melsanthies Of Sabarimala, Malikappuram Temples

Live Law  

The Kerala High Court recently issued a slew of directions to be followed while appointing the Melsanthies of Sabarimala and Malikapuram Temple for the period 2023-2024 in a suo moto case registered to ensure fairness, transparency and adherence to the interview guidelines for shortlisting candidates. By the order dated 06.09.2011, the Apex Court disposed of Civil Appeal No.2570-71 of 2003 …

Supreme Court Weekly Digest With Nominal And Subject/Statutte Wise Index [August 7 – 13, 2023]
1 year, 4 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statutte Wise Index [August 7 – 13, 2023]

Live Law  

Citations: 2023 LiveLaw 609 To 2023 LiveLaw 638 SUBJECT WISE INDEX Abkari Act Person receiving information of crime or detecting the occurrence can investigate it. V. Senthil Balaji v. State, 2023 LiveLaw 611 : 2023 INSC 677 ESI Electronics shop repairing & servicing electrical goods is a “factory” under ESI act. V. Senthil Balaji v. State, 2023 LiveLaw 611 : …

Kerala High Court Monthly Digest: August 2023 [Citations: 363-440]
1 year, 4 months ago

Kerala High Court Monthly Digest: August 2023 [Citations: 363-440]

Live Law  

Nominal Index S. Surendran v. State of Kerala and K. Sudhakaran v. State of Kerala 2023 LiveLaw 363R.S. 2023 LiveLaw 437 Chandi Samuval V Saimon Samuval 2023 LiveLaw 438 Karthik S Nair V State of Kerala 2023 LiveLaw 439 Zulu Haris v. Union of India & Ors. 2023 LiveLaw 440 Judgments/Orders This Month Monson Mavunkal Case: Kerala High Court Allows …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

Weekly Digest Of IBC Cases: 27 February To 6 March 2023
1 year, 10 months ago

Weekly Digest Of IBC Cases: 27 February To 6 March 2023

Live Law  

NCLAT Case Title: Greymatter Entertainment Pvt. 1043 of 2021 The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Ms. Shreesha Merla, has held that IBC does not prevent the Corporate Debtor from establishing defences of ‘Pre-existing dispute’ or ‘No amount due’ through its Reply to Section 9 application and supporting documents, even if it failed …

Kerala High Court Monthly Digest - February 2023 [Citations 53-108]
1 year, 10 months ago

Kerala High Court Monthly Digest - February 2023 [Citations 53-108]

Live Law  

Nominal Index Citations P.K. 2023 LiveLaw 108 Judgments/Order This Month Rent Controller Can 'Direct' Landlord To Sue For Eviction Of Tenant After Prima Facie Satisfaction On Permanent Tenancy Claim: Kerala High Court Case Title: P.K. Kerala High Court Sets Aside State Human Rights Commission's Order On Land Dispute Case Title: K. Abdul Hameed v. Kerala State Human Rights Commission & …

Section 27 Of The Evidence Act Re-Visited In The Wake Of Supreme Court Judgement In “Ramanand @ Nandlal Bharti”
1 year, 10 months ago

Section 27 Of The Evidence Act Re-Visited In The Wake Of Supreme Court Judgement In “Ramanand @ Nandlal Bharti”

Live Law  

Any discussion on Section 27 of the Indian Evidence Act, 1872 will be incomplete without reference to Sections 25 and 26. Recently, it has been held by the Apex Court that Section 27 is an exception to Sections 24 to 26 of the Evidence Act.. We will shortly see that this Section does not say that the police officer in …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
1 year, 11 months ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

High Court Quashes Proceedings Under Kerala Prevention Of Damage To Private Property Act Based On Settlement Between Parties
1 year, 11 months ago

High Court Quashes Proceedings Under Kerala Prevention Of Damage To Private Property Act Based On Settlement Between Parties

Live Law  

The Kerala High Court on Friday quashed the proceedings under Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 based on the settlement arrived at between the parties. It observed, "The Apex Court in Gian Singh v. State of Punjab, Narinder Singh & Ors. has held that the High Court by invoking S.482 of Cr.P.C can …

Judicial Service Examination- Questions Based On Latest Supreme Court Judgements
2 years ago

Judicial Service Examination- Questions Based On Latest Supreme Court Judgements

Live Law  

In Sukhal Singh Khaira v. State of Punjab, the Supreme Court made some important observations with respect to Section 319, CrPC. In case of conflict between RERA and SARFAESI, the former would prevail c. Real Estate Regulatory Authority can entertain complaints by home buyers against the bank which took possession of a real estate project as a secured creditor d. …

Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) Workers
2 years ago

Kerala High Court Dismisses Plea Seeking CBI Probe Into Thiruvananthapuram Mayor's 'Letter' Over Jobs For CPI(M) Workers

Live Law  

The Kerala High Court on Friday dismissed the plea moved by an ex-councillor of Thiruvananthapuram Municipal Corporation for CBI or judicial investigation into Thiruvananthapuram Mayor Arya Rajendran's purported letter seeking a list of CPI party members for appointment to various posts on a contract basis in the Health Division of the Municipal Corporation.Justice K. Babu dismissed the. The Kerala High …

Judicial Service Examination- Practice Questions on First Information Report
2 years ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART XII
2 years, 1 month ago

Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART XII

Live Law  

INVESTIGATION BY THE POLICE – Part XI Q.56 Supposing the Investigating Officer files a closure report to the effect that no case is made out for prosecuting the accused. 2 SCC 537 = AIR 1985 SC 1285 – 3 Judges – P. N. Bhagwati, Amarendra Nath Sen, B. P. Madon - JJ; Paras 10 and 11 of Union Public Service …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 1 month ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

Questions And Answers By Justice V. Ramkumar(4) -Investigation By Police-PART IV
2 years, 1 month ago

Questions And Answers By Justice V. Ramkumar(4) -Investigation By Police-PART IV

Live Law  

INVESTIGATION BY THE POLICE – Part IV Q.16 In a corruption case the trap as well as the investigation was conducted by a DySP of Police in a station where a Superintendent of Police was available. SCC 208 = AIR 1992 SC 1389 – M. M. Punchhi, B. P. Jeevan Reddy – JJ; State of Punjab v. Mohri Ram 1994 …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 2 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Plea In Supreme Court Seeks Review Of Its PMLA Judgment
2 years, 4 months ago

Plea In Supreme Court Seeks Review Of Its PMLA Judgment

Live Law  

A review petition has been filed before the Supreme Court against its July 27 judgment in Vijay Madanlal Choudhary vs Union of India which upheld the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate by the Prevention of Money Laundering Act, 2002. The Court also upheld the reverse burden of proof under Section 24 of …

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