Criminal Trial -- In a criminal prosecution, the burden of proving the offence/offences committed by the accused always rests upon the prosecution and there is a presumption of innocence in favour of the accused unless he would be found guilty.

A. Badharudeen

State of Kerala v. Sudheer

2nd March, 2026

2026 KLT OnLine 1391

Arbitration and Conciliation Act 1996, S.9(1) -- The statutory provision does not say that arbitral proceedings should be started within 90 days of the first order issued under Section 9(1) -- A reading of the provision along with the law declared by the Hon'ble Supreme Court in Amazon.Com (2021 (4) KLT OnLine 1016 (SC)) will necessarily lead us to a conclusion that what is intended by the Statute is a measure of protection in reality -- The Statute does not contemplate any limit regarding the above extension.

T.R. Ravi

Gods Own Country Health Resorts International Pvt. Ltd. v. Marriot Hotels India Pvt. Ltd.

23rd February, 2026

2026 KLT OnLine 1392

Employees Compensation Act 1923, S.30(1) Third Proviso -- Condition of pre deposit of award amount for filing appeal -- There is no provision in the Employee's Compensation Act, 1923 empowering the High Court to dispense with the requirement under the third proviso to Section 30(1) of the Act.

S. Manu

Suneethi v. Beena

9th March, 2026

2026 KLT OnLine 1387 (SC)

Contract Act 1872, Ss.133 & 139 -- The surety is discharged only in respect of transactions that occurred subsequent to the variance of the terms of the contract.

B.V. Nagarathna,Ujjal Bhuyan

Bhagyalaxmi Co Operative Bank Ltd. v. Babaldas Amtharam Patel

27th February, 2026

2026 KLT OnLine 1386

Motor Vehicles Act 1988, S.166 -- The siblings are not entitled for any compensation under the head loss of love and affection.

Shoba Annamma Eapen

Mariyakutty v. United India Insurance Company Ltd.

2nd March, 2026

2026 KLT OnLine 1387

Real Estate (Regulation and Development) Act 2016, S.3(1) -- Once it is found that, the project requires registration, the fact that the registration was not obtained by promoter will not take away the rights of the allottees, to invoke the statutory rights available under the Act -- The breaches on the part of the promoter to fulfill the mandatory obligation under the statute, cannot be a ground to deny the legitimate rights of allottees that flow from the enactment.

Ziyad Rahman A.A.

Army Welfare Housing Organisation v. Union of India

20th March, 2026

2026 KLT OnLine 1385 (SC)

Arbitration and Conciliation Act 1996, Ss.37, 31(7)(a) & 31(7)(b) -- The provisions of the Act of 1996, including provisions contained in Section 31(7)(a) give paramount importance to the contract entered into between the parties and categorically restrict the power of an arbitrator to award pre-award/pendent lite interest when the parties have themselves agreed to the contrary.

Sanjay Karol,Vipul M. Pancholi

Union of India v. Larsen & Tubro Ltd.

27th February, 2026

2026 KLT OnLine 1382 (SC)

Insolvency and Bankruptcy Code 2016, Ss.31(1) & 30(6 ) -- Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, Reg.39(1A) -- Constitution of India, Arts.32 & 226 -- Excessive judicial review in the CIRP carries significant economic costs that run counter to the objects of IBC; The IBC is premised on the recognition that delay and uncertainty are value-destructive in distressed situations -- When commercial decisions taken by the CoC are subjected to expansive judicial scrutiny, resolution timelines lengthen, transaction costs rise, and the going-concern value of the Corporate Debtor erodes.

B.V. Nagarathna,R. Mahadevan

Torrent Power Ltd. v. Ashish Arjunkumar Rathi

27th February, 2026

2026 KLT OnLine 1383

Mathilakam Service Rules 1963, Chap.2 R.8 -- Even if an employee absent himself from duty for 1½ years continuously, the appointing authority will be empowered to declare that the employee ceases to be in the service of the Temple, unless the appointing authority takes a decision to the contrary.

N. Nagaresh

Babilu Sankar v. Sree Padmanabhaswamy Temple Mathilakam Office Fort

27th February, 2026

2026 KLT OnLine 1376

Medical Education (Regulation and Control of Admission to Private Medical Educational Institutions) Act 2017 (Kerala), S.3 & 11 -- Under Section 3, the Fee Regulatory Committee is constituted not only for the purpose of supervising and guiding the admission process but also for “fixation of fee” that may be charged from students.

Harisankar V. Menon

Govind Krishnan v. State of Kerala

25th February, 2026

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Latest Updates

Criminal Trial -- In a criminal prosecution, the burden of proving the offence/offences committed by the accused always rests upon the prosecution and there is a presumption of innocence in favour of the accused unless he would be found guilty.

Employees Compensation Act 1923, S.30(1) Third Proviso -- Condition of pre deposit of award amount for filing appeal -- There is no provision in the Employee's Compensation Act, 1923 empowering the High Court to dispense with the requirement under the third proviso to Section 30(1) of the Act.

Contract Act 1872, Ss.133 & 139 -- The surety is discharged only in respect of transactions that occurred subsequent to the variance of the terms of the contract.

Motor Vehicles Act 1988, S.166 -- The siblings are not entitled for any compensation under the head loss of love and affection.

Mathilakam Service Rules 1963, Chap.2 R.8 -- Even if an employee absent himself from duty for 1½ years continuously, the appointing authority will be empowered to declare that the employee ceases to be in the service of the Temple, unless the appointing authority takes a decision to the contrary.