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2014 ICO 424 - A. Criminal Procedure Code, 1973 – Sections 2(wa), 372 & 378 – Interpretation of Statute – Harmonious construction – An interpretation of the expression 'victim' in S.2(wa), excluding a complainant in a complaint case from the scope of that expression, is required in the context of the provisions contained in Ss.372 and 378. The principles of harmonious construction and the principle that one Section in a Statute cannot be used to defeat the provision in another Section would enable the Court to come to such a conclusion. (Para 34) B. Negotiable Instruments Act, 1881 – Section 138 [High Court of Kerala] read more...
2014 ICO 410 - Munnar Special Tribunal Act, 2010 – Section 2(d) – The jurisdiction of Munnar Special Tribunal is not confined to adjudication of disputes between a private individual and Government officials. The term 'dispute' in the Act also takes in issues between private individuals with respect to ownership, possession, use or any right whatsoever over the land in Munnar area. (Para 5) [High Court of Kerala] read more...
2014 ICO 393 - A. Kerala Buildings (Lease and Rent Control) Act, 1965 – Section 11(7) – “Public institution” – A private banking company, acting as a scheduled bank, cannot be said to be a “public institution” within the meaning of S.11(7). Even if the Reserve Bank of India or the Central Government or State Government has any supervisory vigilance on such a banking company, it will not assume the characteristic of a public institution. (Paras 17 & 18) B. Kerala Buildings (Lease and Rent Control) Act, 1965 – Sections 11(3) & 11(8) – After pleading for eviction under S.11(8), the [High Court of Kerala] read more...
2014 ICO 366 - Constitution of India, 1950 – Article 226 and Conduct of Election Rules, 1961– Rule 8(2), 10(3), Rule 22(3) & 30(2) – Writ Petition – Non-joinder of necessary parties – The writ petition to modify the list of nominated candidates is not maintainable without impleading all the candidates. No cosmetic change in the published list of nominated candidates can be done without notice to all the candidates in the list of nominated candidates. (Para 8) [High Court of Kerala] read more...
2014 ICO 397 - Legal Services Authorities Act, 1987 – Section 21 – Family Law – Matrimonial dispute settled between the parties before the Lok Adalath on condition that husband shall execute a gift deed within a stipulated period – Husband did not execute the deed – Wife filed execution petition after the stipulated period – Execution Court directed the husband to execute the gift deed within ten days – Husband contended that the Executing Court cannot extend the time for executing the deed and the execution petition is not maintainable – Held; The execution petition is maintainable and the executing court was [High Court of Kerala] read more...
2014 ICO 396 - A. Criminal Trial – Negotiable Instruments Act, 1882 – Section 138 – Court need not draw an adverse inference whenever there is failure to produce a document. If the case of the complainant is proved by other evidence, failure to produce a document is not fatal and no adverse inference need be drawn. (Para 10) B. Negotiable Instruments Act, 1881 – Section 138, proviso (a) and (b) – The date for reckoning the period mentioned in proviso (b) of S.138 of the Act is not the date on which the collecting bank received the information, but the actual [High Court of Kerala] read more...
2014 ICO 383 - Indian Penal Code, 1860 – Section – 188 and Criminal Procedure Code, 1973 – Sections 482 & 195(1) – Final report filed by the police alleging violation of an order of the Revenue Divisional Officer and commission of the offence punishable under S.188 of the Penal Code – Held; The prosecution is barred under S.195 of the Cr.P.C. and is liable to be quashed. If cognizance has to be taken, the RDO will have to file complaint before the Trial Court. (Para 2) [High Court of Kerala] read more...
2014 ICO 330 - A. Interpretation of Statutes – It is the duty of the Court to ascertain the intention of the legislature by referring to various clauses to be construed by taking into consideration and comparing the clauses with other provisions. The expressions in the statute should ordinarily be understood in a sense in which they best harmonise with the object of the statute which effectuate the object of the legislature. (Para 28) B. Constitution of India, 1950 – Articles 32 & 226 – Service – Public Interest Litigation seeking relief of writ of quo warranto declaring the appointment as illegal and [High Court of Kerala] read more...
2014 ICO 324 - Criminal Procedure Code, 1973 – Section 392(2) – An appeal involving a composite sentence of imprisonment and fine will not abate under S.394(2) of the Code. (Paras 8 & 10) [High Court of Kerala] read more...
2014 ICO 311 - Kerala Co-operative Societies Act, 1969 – Section 74B – There is no restriction on District Co-operative Banks from opening branches in an area where a Primary Co-operative Society functions. (Paras 8 & 11) [High Court of Kerala] read more...
The Companies (Amendment) Act,
The Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Amendment Rules,
The Central University Act,2009.
The Representation of the People (Miscellaneous Provisions) Act,
The Exchange of Prisoners Act,
The Protection of Civil Rights
The Identification of Prisoners Act,
The Prisons Act,1894.
The Charitable Endowments
The Indian Christian Marriage Act, 1872.
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