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2022
  • 20-06-2022 Arun P. v. State of Kerala
    Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (Kerala) - Section 3 and 4(1) - Protecting an accused who is alleged to have committed an offence under the Healthcare Act, with an order of pre-arrest bail, will be incongruous to the legislative mandate.
  • 11-04-2022 Ramanalukkal Shareef v. Mohammed
    Buildings (Lease and Rent Control) Act, 1965 (Kerala) - Section 11(2)(b), 11(3) and 11(4)(ii) - Once, on the basis of the materials on record, the landlord has succeeded in showing that the need to occupy the premises is natural, real, sincere and honest, and not a ruse to evict the tenant from the said premises, the landlord will certainly be entitled for an order of eviction under Section 11(3) of the Act, of course, subject to the first and second provisos to Section 11(3) of the Act.
  • 15-02-2022 Muhammedkutty v. Dhanya
    Specific Relief Act, 1963 - If the amount received as advance bear a sizeable proportion to the total sale consideration, it cannot, by any stretch of imagination, be stated as earnest money. The amount paid, in such circumstances, can be inferred not as earnest money paid by way of security for performance of contract, but as advance paid as part of the sale consideration to be adjusted at the time of execution of the sale deed.
  • 27-01-2022 Thadiyantevida Nazeer @ Ummer Haji @ Haji, Sidhique, Naser v. State of Kerala
    Explosive Substances Act, 1908 – Section 7 – Sanction for prosecution – the consent should be by the District Magistrate and the Central Government cannot be said to be the higher authority; especially when that Government does not exercise any control; supervisory or otherwise over the District Magistrate. If it is permissible in law to… Read More »2022
  • 18-01-2022 Justine Pallivathukkal v. State of Kerala
    Kerala State Commission for Minorities Act, 2014 - What is to be looked into is the purpose and intention of the legislation, rather than the community of the Chairperson and members of the Minority Commission appointed by the State Government.
  • 18-01-2022 Mohanan v. District Collector
    Panchayat Building Rules, 2019 (Kerala) - Rule 25 - Construction of Mosque - With respect to the grant of a building permit for the establishment of a religious building, the authority is solely vested with the Panchayat, and the Panchayat need to consider the factual situations and other aspects that are enumerated in the Manual of Guidelines, 2005 and the amended Guidelines, 2021 before conferring an applicant with the requisites under the laws.
  • 17-01-2022 Greater Cochin Development Authority (GCDA) v. Sasikanth
    Land Acquisition Act, 1894 - When there is no amount due from the petitioners to the the Greater Cochin Development Authority and since the Greater Cochin Development Authority is not indebted to owners of the properties in regard to payment of any enhanced land value, it is not proper on the part of the Greater Cochin Development Authority to still insist for incorporating a restrictive clause for sale of the property, for a period of ten years from the date of execution of the sale deed without its permission.
  • 11-01-2022 Benny Sebasstian v. State of Kerala
    Service Law - Writ of quo warranto - Maintainability of Public Interest Litigation in service matters - If a public interest litigant is able to establish a case for issuance a writ of quo warranto, no doubt, writ court is vested with ample powers to do so.
  • 07-01-2022 P.A. Johny v. State of Kerala
    Land Reforms Act, 1963 (Kerala) - Section 96 - Land Reforms (Ceiling) Rules, 1970 (Kerala) - Rule 32 - Assignments of land by Land Board - Reservation for public purposes.
  • 03-01-2022 M.B. Koyakutty v. Oriental Insurance Company Ltd.
    Remedy under Article 226 of the Constitution of India is based on justice, equity, and good conscience. Case Law Reference Daduram v. Bhuri Bai, 2019 (197) AIC 598 Nandini Jayaram v. Insurance Ombudsman, 2016 (2) KHC 293 Thazhathe Purayil Sarabi v. Union of India, (2009) 7 SCC 372 Union of India v. Oinam Keirungba Meetal,… Read More »2022
  • 03-01-2022 Kuttan Kattachira @ Kuttan K.P. V. C.K. Asha
    Representation of People Act, 1951 - The disclosure of eligibility of a particular candidate by making a declaration as required under a nomination to contest in a particular constituency reserved for a sect of people-either schedule castes or scheduled tribes will not violate the concept of secularism.