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2026 KLT OnLine 1210

Telecommunications Act 2023, S.2(p), 2(s) & 2(t) -- Wired broadband delivered through fibre-optic and coaxial cables squarely falls within the scope of telecommunication, as such services function through established systems of electromagnetic transmission over physical media. 

Mohammed Nias C.P.

Asianet Satellite Communications Ltd. v. State of Kerala

5th February, 2026

2026 KLT OnLine 1208 (SC)

Guardians and Wards Act 1890,S.25 -- Custody of Minor child -- It may not be entirely correct in holding that the custody of the minors has to depend upon their welfare alone.

Pankaj Mithal,S.V. Bhatti

Mohtashem Billah Malik v. Sana Aftab

4th February, 2026

2026 KLT OnLine 1211

Narcotic Drugs and Psychotropic Substances Act 1985, S. 37(1)(b) --The period of incarceration has no bearing in the matter of bail involving commercial quantities of narcotic drugs under the NDPS Act in a case where the embargo under Section 37(1)(b) of the NDPS Act is attracted, or the accused has criminal antecedents.

Kauser Edappagath

Abid v. State of Kerala

4th February, 2026

2026 KLT OnLine 1206 (SC)

Criminal P.C. 1973, S.173(8) -- Further Investigation -- The power to direct further investigation in a case rests solely at the discretion of the Magistrate/Court concerned -- In the event, the police/ investigation agency is of the opinion that further investigation is necessary in any particular case to cull out complete facts and truth in the case, it is binding upon them to file an appropriate application before the Magistrate/Court, without directing an order for further

Rajesh Bindal,Vijay Bishnoi

Pramod Kumar v. State of U.P.

4th February, 2026

2026 KLT OnLine 1204 (SC)

Consumer Protection Act 1986, S.2(1)(d) -- The mere act of purchasing immovable property, even multiple units, cannot ipso facto attract the exclusion clause of Section 2(1)(d) of the 1986 Act unless and until it is proved that the dominant purpose behind such purchase was commercial in nature. 

Prashant Kumar Mishra,N.V. Anjaria

Vinit Bahri v. M/s. MGF Developers Ltd.

4th February, 2026

2026 KLT OnLine 1200

Hindu Places of Public Worship (Authorisation of Entry) Act 1965 (Kerala), Ss.3,4 & 5 -- Hindu Places of Public Worship (Authorisation of Entry) Rules 1965 (Kerala), R.3 -- On a conjoint reading of the Sections and the Rules, it is clear that the Rules are made for the maintenance of order and decorum and for ensuring due performance of rites and ceremonies in a Temple.

Raja Vijayaraghavan V.,K.V. Jayakumar

Sanil Narayanan Nampoothiri v. State of Kerala

30th January, 2026

2026 KLT OnLine 1202

Essential Commodities Act 1955, S.6C(2) & 6A -- The entitlement under Section 6C(2) of the Act arises only in a situation where the person concerned is acquitted of an offence under Section 6A of the Act.

Sushrut Arvind Dharmadhikari,P.V. Balakrishnan

State of Kerala v. Niradeepam Roller Flour Mill

5th February, 2026

2026 KLT OnLine 1203 (SC)

Representation of the People Act 1951, Ss.8A, 98, 99, 123(3) & 123(4) -- The power to pass an order of disqualification rests with the President of India and not with the High Court which has set aside the election of a successful candidate.

B.V. Nagarathna,Ujjal Bhuyan

Shaji v. Nikesh Kumar

29th January, 2026

2026 KLT OnLine 1201

Transfer of Property Act 1882, S. 39 -- Hindu Adoptions and Maintenance Act 1956, S.28 -- During the dormant stage of the wife’s right, a purchaser cannot be presumed to have knowledge of such a right for the purpose of invoking Section 39 of the Transfer of Property Act, 1882, or Section 28 of the Hindu Adoptions and Maintenance Act, 1956 -- However, it is open for the wife to establish actual knowledge on the part of the purchaser that the transfer is fraudulent and intended to defeat her righ

Sathish Ninan,P. Krishna Kumar

Sulochana v. Anitha

4th February, 2026

2026 KLT OnLine 1198 (SC)

Arbitration and Conciliation Act 1996, S.8 -- In a case where plea is taken with regard to nonexistence of an arbitration clause or agreement, the same would amount to serious allegation of fraud and would render the subject matter of an agreement non-arbitrable.

Pamidighantam Sri Narasimha,Alok Aradhe

Rajia Begum v. Barnali Mukherjee

2nd February, 2026