Important Judgments (14/07/2017)

Important Judgments (14/07/2017)

Employees of KSRTC who rejoin duty after availing leave without allowances for taking up employment elsewhere would lose cadre seniority impairing their right to claim cadre promotion - 2017 (3) KHC 631 (FB)

JJ Act, 2015 — Offences against children — Petty offences and serious offences can be tried before Magistrate Court - 2017 (3) KHC 656

Art.226 - Even if order of High Court is wrong, it is not for the Authorities to decide the correctness - 2017 (3) KHC  721 (DB)

Sale of liquor by KSBC – Long queue of people causing nuisance and obstruction – Remedial measures mooted by Court  - 2017 (3) KHC 717

BRC Act – Eviction sought for residential purposes – Each and every member of family is competent to give evidence to prove bona fides of their common need - 2017 (3) KHC 646 (DB)

An order refusing to renew a gun licence issued under the Act is appealable under S.18 of Arms Act - 2017 (3) KHC 668

Liquor - 500 mtr Distance rule — Making of a road within private property of hotel can only be seen as a measure to overreach the distance rule provided by the Apex Court - 2017 (3) KHC 677

Conditions of service of Teachers of Unaided Schools are matters which are capable of being adjudicated upon in exercise of the power under Article 226 - 2017 (3) KHC 687

It is for the State in consultation with the High Court to declare the cadre and its strength of District Judges – Cadre strength is to be calculated on the basis of the posts which are brought in the cadre - 2017 (3) KHC 703 (DB)

Demand of the Bar Council of Kerala by way of resumption fee styled as special fee over and above the resumption fee of Rs 7,000/- prescribed by the Bar Council of India is ultra vires, invalid and illegal - 2017 (3) KHC 14 (SN)

CrPC S.313 - Accused not a highly educated person – Trial Judge framing questions in English and recording answers given by the accused in Malayalam – Held, not proper  - 2017 (3) KHC 13 (DB) (SN)

Possession of arrack – Delay of nearly five years in producing samples before Court – Held, if delay is very long, no amount of explanation in explaining the delay can save the prosecution - 2017 (3) KHC 642

Allegation of misappropriation of money from bank — Ordering removal from service of employee is proper - 2017 (3) KHC 653

JJ Act 2015 – Children’s Court can try offences only if at least one of the offences alleged is punishable with imprisonment for a term exceeding seven years irrespective of whether the offence is under IPC or under any other law for the time being in force - 2017 (3) KHC 656

Participation in State level competition on the strength of Court order – Denial of certificates and grade – Not justified - 2017 (3) KHC 662 (DB)

Dismissal from service – Industrial dispute raised after ten years and Government making a reference – Delay fatal - 2017 (3) KHC 665

Subletting — Sharing of possession by tenant with others by inducting strangers into the tenanted premises or diverting exclusive possession of tenanted premises or a portion thereof would attract sublease - 2017 (3) KHC 673 (DB)

BRC Act - Goodwill of a business carried on by tenant is not a factor to be considered in the assessment of comparative hardship - 2017 (3) KHC 694(DB)

Candidate, who was an independent Member belonging to LDF coalition during the term of the Committee, submitting nomination as a candidate of the INC with UDF coalition – Held, amounts to disqualification under the Anti defection Act  - 2017 (3) KHC 697

MACT - Tribunal awarding compensation in excess of what was claimed by the claimants – Appeal by the claimants seeking further enhancement — Not maintainable if they could not bring out anything by which they were deprived of or refused; and was legally entitled to - 2017 (3) KHC 710 (DB)

Malpractice in declaring a patient to be brain dead – Court recommends Central Government and State Government to consider issuance of directives in the matter - 2017 (3) KHC 730 (DB)