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2026 KLT OnLine 1603

Civil Services (Vigilance Tribunal) Rules 1960 (Kerala) -- Reviewing and assessing the implementation of a Statute is an integral part of Rule of Law -- The purpose of such a review is to ensure that a law is working in practice as intended. 

K. Babu

Soman v. State of Kerala

7th April, 2026

2026 KLT OnLine 1604

Constitution of India Art.226 -- Transfer of mortal remains of a person who was not having OCI/PIO cards -- The transfer of mortal remains cannot be at the wish or desire of any successor or legal heir of a person, though the same can certainly be a relevant consideration -- Eligibility to transfer the mortal remains of a dead person has to be decided primarily on the basis of citizenship as well the relevant rules in force.

Bechu Kurian Thomas

Hans Joseph v. Union of India

31st March, 2026

2026 KLT OnLine 1602

Constitution of India, Art.226 -- Panchayat Raj Act 1994 (Kerala), S.276 -- When a direction is issued by the High Court to entertain an appeal, the tribunal cannot say that an appeal is not maintainable -- At the maximum, the tribunal can inform the court, if there is any legal bar to entertain such an appeal.

P.V. Kunhikrishnan

Satheesh Kumar v. Athirampuzha Grama Panchayat

27th March, 2026

2026 KLT OnLine 1598

Maintenance and Welfare of Parents and Senior Citizens Act 2007, S.11 -- It is implicit that the order passed by the Maintenance Tribunal is to be enforced by the Tribunal.  

M.B. Snehalatha

Syamala v. Presiding Officer, The Maintenance Tribunal Under The Maintenance of Welfare and Senior Citizens Act, 2007 and Sub Divisional Magistrate

30th March, 2026

2026 KLT OnLine 1599

Practice and Procedure – Filing of Physical Copies – Directions Issued -- The Registry is directed to list those appeals, which are already scrutinised and numbered, in which the physical copies are not produced, within a period of two weeks from the date of assigning of the number in the appeals -- In such cases, where the physical copy is not produced, the Registry shall thereafter on the fifteenth day list the appeal before the Bench with the e-file and take further action depending upon the orders to be passed by the Court.

Easwaran S.

Sreekumari @ Priya v. Smitha Kurup

7th April, 2026

2026 KLT OnLine 4024 (SC)

Practice and Procedure -- Constitution of India, Art.227 -- High Court Act 1958 (Kerala), S.5 -- Rules of the High Court of Kerala 1971 – Whether an intra-court appeal lies before a Division Bench against an order passed by a Single Judge in exercise of Article 227 jurisdiction -- The intra-court appeal not being maintainable, the Division Bench grossly erred in entertaining and allowing the same, instead of dismissing it at the threshold.

Dipankar Datta,Satish Chandra Sharma

Alice Ulahannan v. Union Bank of India

6th April, 2026

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