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2026 KLT OnLine 1594

Sports Act 2000 (Kerala), S.31A(1) -- Though the functioning of a Society is as per its bye-laws and election is its internal affair, the Sports Council has authority to enquire into the failure to conduct election as prescribed in the byelaws or as to whether any serious lapses have occurred in the election process.

Sathish Ninan,P. Krishna Kumar

Kerala Hockey v. Kal Leonal Pinhero

1st April, 2026

2026 KLT OnLine 1597

Negotiable Instruments Act 1881, Ss.56 & 138 -- When part payment(s) is/are made and the indorsement mandated under Section 56 of the NI Act failed to be recorded, presenting the cheque for the whole sum, of which a part payment has already been paid, does not represent the legally enforceable debt; thus no offence under the NI Act would lie in case of dishonour of such a cheque as in order to attract an offence under Section 138 of the NI Act, the dishonoured cheque must represent a legally enforceable debt.

A. Badharudeen

Danikutti Philip v. Johnykutty

26th March, 2026

2026 KLT OnLine 1596

Divorce Act 1869, S.10A – Matters of enquiry for the Family Court considering an application under Section 10A -- Explained -- The wife and the husband, clearly stated before the Family Court that both of them want divorce -- Therefore, there was no reason for the Family Court to conclude that there was no mutual consent. Hence, the finding that one of the parties had withdrawn consent, and that a decree of divorce by mutual consent could not be granted, is unwarranted.

J. Nisha Banu,Shoba Annamma Eapen

Dyna Scaria v. Vernin Varkey

31st March, 2026

2026 KLT OnLine 4022 (SC)

Penal Code 1860, S.302 -- When the eyewitnesses have turned hostile and supported the prosecution case, in ordinary circumstances this would accrue to the favour of the accused, but when the consistency of medical evidence with the dying declaration, the difference in events testified to by the witnesses would lose its significance.

Sanjay Karol,N. Kotiswar Singh

Shankar v. State of Rajasthan

2nd April, 2026

2026 KLT OnLine 4023 (SC)

Criminal P.C. 1973, S.482 -- When no malice is attributed to the doctor and there is no dispute that the consent form was executed for undertaking a medical procedure, and the medical opinion is to the effect that the procedure adopted by the doctor was one of the alternatives recognized to meet such a medical exigency, continuance of criminal proceeding against the appellant would be nothing but abuse of the process of the court.

Pamidighantam Sri Narasimha,Manoj Misra

Dr. S. Balagopal v. State of Tamil Nadu

6th April, 2026

2026 KLT OnLine 1586

Panchayat Raj Act 1994 (Kerala), Ss.232 & 233 -- Constitution of India Arts. 21,226, 19(1)(g), 14 & 300A -- Public dissent has its rightful place in a constitutional democracy, but without a lawful basis, a venture that satisfies every statutory command cannot be shut down on the basis of public protest.

P.V. Kunhikrishnan

Sudheer v. State of Kerala

1st April, 2026

2026 KLT OnLine 4021 (SC)

Waqf Act 1995, Ss. 3(i), 32(2)(g),50 & 64 -- Civil P.C. 1908, S.100-- Mohammadan law -- Sajjadanashin of a Waqf can also discharge the function of its Mutawalli, if appointed under Section 32(2)(g) of the Act of 1995, however, Mutawalli under Section 32(2)(g) cannot function as a Sajjadanashin but can only perform the duties as prescribed under the Act and the Rules.

M.M. Sundresh,Vipul M. Pancholi

Syed Mohammed Ghouse Pasha KhadrI v. Syed Mohammed Adil Pasha Khadri

2nd April, 2026

2026 KLT OnLine 4018 (SC)

Constitution of India, Art.14 -- Punjab and Sind Bank Officers Employees (Conduct) Regulations 1981 -- Disciplinary proceedings -- A punishment, which is strikingly or shockingly disproportionate and is not commensurate with the gravity of misconduct, proved to have been committed in course of inquiry or otherwise, would border on arbitrariness and offend Article 14 of the Constitution.

Dipankar Datta,Satish Chandra Sharma

Punjab and Sind Bank v. Sh. Raj Kumar

2nd April, 2026

2026 KLT OnLine 1592

Service -- Voluntary Retirement Scheme – Social Safety Net Program -- Claim to treat seasonal employees as regular employees -- When the Government has taken the decision based on all relevant facts to hold that the appellants cannot be equated with regular employees, there is hardly anything the Court can, while acting under Article 226 of the Constitution of India, intervene into, or do, going by the well-recognized constraints of jurisdiction.

Devan Ramachandran,Basant Balaji

Sahadevan v. State of Kerala

27th March, 2026

2026 KLT OnLine 4015 (SC)

Pamidighantam Sri Narasimha,Alok Aradhe

M/s. A.K.G. Construction and Developers Pvt. Ltd. v. State of Jharkhand

2nd April, 2026