Can the lapsed seats for Engineering Course in the Merit Quota’ be filled up by the Educational Institution, by admitting students who are not qualified in the Entrance Test conducted by the Commissioner for Entrance Examinations.
As with all other rights, right to privacy—if right to take intoxicating drinks were one— always subject to reasonable restrictions.
Commissioner of Income-Tax (Central) Vs. Settlement Commission (IT & WT), Department Of Revenue, Ministry of Finance [Kerala High Court, 10-01-2017]
The Settlement Commission had not properly considered the issue of addition or the genuineness of claim of advances from others. To that extent, Exhibit P1 order would stand set aside and the matter is remanded to the Settlement Commission.
The boundaries of the properties are forest lands covered with forest trees, the learned Tribunal is justified in presuming that originally it was a forest land and continues as a forest.
In the absence of a prayer for recovery of possession of the property on the strength of title, the plaintiff cannot maintain a suit for declaration simplicitor.
The user of the buildings as godowns, ware houses, factories, show rooms etc. within the area covered by Detailed Town Planning Scheme makes the living of the petitioners awful. The congestion on the roads due to unruly parking of vehicles of these establishments coupled with the accompanying air and noise pollution are intolerable. There is […]
Completion of Assessments – The power of extension granted under Section 25B having been found to be redundant, there can be no limitation for conclusion of the proceedings and as the Full bench held, there can only be a mandate that the proceeding should be completed within a reasonable time.
There cannot be any dispute that the acupuncture is permitted to be practiced, subject to restrictions – Hence, it cannot be held that acupuncture therapy is one offending the Travancore Cochin Medical Practitioners Act, 1953 (TC Act) if practised by a registered practitioner or appropriately trained person.
Societies Registration; All India Chess Federation Vs. Union of India [Kerala High Court, 21-12-2016]
All India Chess Federation along with Tamilnadu Chess Association, Maharashtra State Chess Association and Delhi Chess Association have filed this writ petition with the prayer to quash “the improper registration of All India Chess Federation under the Societies Registration Act.
Insurance Law; National Insurance Co. Ltd. Vs. M/s. Pattu Agencies, Kowdiar Trivandrum [Kerala High Court, 19-12-2016]
A policy can be avoided for misrepresentation or non-disclosure. However, the misrepresentation or non-disclosure should be a material one and it must have induced the Insurance Company to make the policy in favour of the insured.
Registration of FIR is not necessary before arresting a person under Section 104 of the Customs Act. Sections 154 to 157 and Section 173(2) of the Code of Criminal Procedure do not apply to a case under the Customs Act, 1962.
Public Service Commission; Indian National Trade Union Congress Vs. State [Kerala High Court, 19-12-2016]
The word ‘may’ occurring in Section 3 of the Kerala Public Service Commission (Additional Functions as respects Certain Corporations and Companies) Act, 1970 can not be read as ‘shall’ and it cannot be made mandatory that the Corporations as well as the Board of Directors of Government Companies should consult the PSC in the matter of […]
Demand for “’nokkukooli’” accompanied by either an express or implied threat of criminal use of force or use of force or harm or injury to any person is a clear violation of several laws and attracts the criminal provisions of law.
In an appeal from a sentence of fine, the near relatives of the accused would be entitled to come on record and continue to prosecute the appeal. No time limit is fixed for filing an application by the near relatives to come on record.
Landlord & Tenant – A party in a Rent Control Petition is not entitled to challenge the order/judgment of the court below against him on a distinct and separate ground of eviction, in an appeal or revision filed by the opposite party challenging the order/judgment against him on another ground of eviction.