LATEST JUDGMENTS 29-10-2021

LATEST JUDGMENTS 29-10-2021

Mushrooming of illegal, unauthorised and unlicensed bunks in road side – Cannot be allowed -- 2021 (6) KHC 51 : 2021 KHC OnLine 686

Custody of accused not required at the time of investigation – Held, he has to be released on bail at the time of appearance in Court, subsequent to filing of charge-sheet -- 2021 (6) KHC 54 : 2021 KHC OnLine 6572 (SC)

Abkari Act – Magistrate is not empowered to draw sample from the contraband produced before him -- 2021 (6) KHC 92 : 2021 KHC OnLine 690

Presumption that seizure of forest produce belonging to State, automatically cannot result in a presumption of culpable mental state of accused -- 2021 (6) KHC 27 : 2021 (2) KLD 677 : 2021 KHC OnLine 6574 (SC)

Building Tax Act – Redetermination of plinth area is permissible for assessment of luxury tax -- 2021 (6) KHC 45 : 2021 KHC OnLine 674

Bank cannot refuse to pay proceeds of a fixed deposit, to the holder of deposit, on the ground that a consent is required from a person from whose account, amount for opening the fixed deposit account was debited -- 2021 (6) KHC 65 : 2021 KHC OnLine 656

Application filed under S.8(1) to refer the parties to arbitration – Dismissal of – Appeal not maintainable -- 2021 (6) KHC 1 : 2021 KHC OnLine 637 (DB)

PC Act S.17A – Public servant not made an accused at the time of registration of FIR, but subsequent to commencement of investigation – Approval under Section 17A is not required in such a case -- 2021 KHC 439 : 2021 (6) KHC SN 1 : 2021 (2) KLD 690 : 2021 KHC OnLine 439

MACT — In absence of salary certificate, minimum wage notification can be a yardstick -- 2021 (6) KHC 80 : 2021 KHC OnLine 6564 (SC)

Rate of professional tax as provided in Rule 3(2) is the maximum permissible — Reduction of tax can be sought for with supporting documents -- 2021 (6) KHC 59 : 2021 KHC OnLine 679

NGT has power to exercise suo motu jurisdiction in discharge of its functions under the NGT Act -- 2021 KHC 6609 : 2021 (6) KHC SN 2 : 2021 KHC OnLine 6609 (SC)

Employees retired on superannuation from Panchayat service – Amount sought to be recovered from them for default committed in collecting taxes by them while in service – Recovery can be made only within a period of four years from the date on which tax has been assessed -- 2021 (6) KHC 42 : 2021 KHC OnLine 537

Any person or organization who may be interested in the subject-matter is permitted to approach NGT -- 2021 KHC 6609 : 2021 (6) KHC SN 2 : 2021 KHC OnLine 6609 (SC)

Raising of an additional demand in the form of "short assessment notice", on the ground that, in the bills raised during a particular period of time, multiply factor was wrongly mentioned, held, cannot tantamount to deficiency in service -- 2021 KHC 6596 : 2021 (6) KHC SN 3 : 2021 KHC OnLine 6596 (SC)

District Collector has no power to condone delay while entertaining a revision petition under S.13 of Building Tax Act -- 2021 (6) KHC 45 : 2021 KHC OnLine 674

SARFASI Act S.14 — At the stage of passing orders, authorised Magistrate is not even mandated to issue notice to borrower or even hear borrower -- 2021 (6) KHC 83 : 2021 KHC OnLine 654

Partition Act S.4 — When a defendant does assert his claim for separation of a share from dwelling house even in his capacity as a defendant, right under S.4 can be availed of by members of undivided family -- 2021 (6) KHC 101 : 2021 KHC OnLine 672

List of Articles

Swearing-in-ceremony of Hon'ble Mr. Justice C. Jayachandran, Mrs. Justice Sophy Thomas, Mr. Justice P. G. Ajith Kumar & Mrs. Justice C. S. Sudha 

Speech by

Sri. K. Gopalakrishna Kurup, Advocate General, State of Kerala -- J-1

Sri. Thomas Abraham, President, KHCAA ---J-5

Reply Speech by 

Hon'ble Mr. Justice C. Jayachandran ---- J-8

Hon'ble Mrs. Justice Sophy Thomas ---- J-10

Hon'ble Mr. Justice P. G. Ajith Kumar ----J-13

Hon'ble Mrs. Justice C. S. Sudha ----J-15

Justice V. R. Krishna Iyer's remembered for ever ---Sri. P. B. Sahasranaman, Advocate ---J-17