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2026 KLT OnLine 1246

Mental Healthcare Act 2017, S.4 -- A doctor cannot be pinned down to technical requirements before providing care since the patient was exhibiting certain symptoms, the decision taken by the doctor - which was based on his expert opinion - to subject him to further treatment was not actuated by malice or questionable reasons, but this is not to mean that doctors under the ambit of the ‘Act’ can disregard the statutory provisions or imperatives.

Devan Ramachandran,M.B. Snehalatha

Dr. Haiderali Kalliyath v. Jasif Kattekkadan

3rd February, 2026

2026 KLT OnLine 1245

Motor Vehicles Act 1988, S.166 – The petitioner sought permission to adduce independent evidence on the issue of negligence, which was declined by the Tribunal solely on the premise that the driver had pleaded guilty in the criminal proceedings -- The petitioner, who was not an accused in the criminal case, cannot be non-suited in the claim proceedings without being afforded a fair opportunity to contest negligence by leading evidence.

Mohammed Nias C.P.

Menon v. Registrar General

11th February, 2026

2026 KLT OnLine 1244

Electronic Filing Rules for Courts (Kerala) 2021, R.6(1),6(2) & 6(3) -- The Advocates and the Parties are not entitled to scan and upload the Pleadings with signatures copied and pasted on it -- All the Pleadings scanned and uploaded for filing shall be physically signed by the parties and their Advocates before scanning and uploading the same, in case the digital signature could not be affixed in accordance with Sub-Rule (1) or it could not be authenticated in accordance with Sub-Rules

M.A. Abdul Hakhim

Mat Agro Products Pvt Ltd. v. Manager, State Bank of India

5th February, 2026

2026 KLT OnLine 1243

Common Law -- Slayer Rule -- Explained.

Easwaran S.

Vijayan v. Appukuttan @ Palraj

19th January, 2026

2026 KLT OnLine 1242

Constitution of India, Art. 22(1) & Art.21 -- Bharatiya Nagarik Suraksha Sanhita 2023, Ss.47 & 35 --  The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement.

Kauser Edappagath

Imran v. State of Kerala

10th February, 2026

2026 KLT OnLine 1237

Arbitration and Conciliation Act 1996, S.21 -- Once the arbitral award is declared as unenforceable/nullity in the eye of law by a competent court, even during execution proceedings, the impact of such a finding is akin to that of setting aside an award.

S. Manu

Manappuram Asset Finance Ltd. v. Abdul Saleem

6th February, 2026

2026 KLT OnLine 1236

Right of Children to Free and Compulsory Education Rules 2010, R.6(1)(a) -- Right of Children to Free and Compulsory Education Act 2009, S.6 -- The term “neighbourhood” cannot be defined with clinical precision or mathematical exactitude, for the purpose of the RTE Act -- The Union Legislature rightly left it to be decided by appropriate State Governments / Union Territories -- The term “neighbourhood” only refers to the locality.

N. Nagaresh

Ummu Sulaim (Minor) v. Union Territory of Lakshadweep

10th February, 2026

2026 KLT OnLine 1232

Municipality Act 1994 (Kerala), Ss.412 & 538 -- In cases where immediate action is necessary, it is the duty of the Secretary to the Corporation to cut and remove the trees even without notice to the owner of the property.

P.V. Kunhikrishnan

Mathews v. District Collector, Ernakulam

5th February, 2026

2026 KLT OnLine 1230

Chit Funds Act 1982, S.2(b) -- Chitties Act 1975 (Kerala), S.2(2) -- Although the relationship between a chit subscriber and the chit foreman is contractual in nature, a debt comes into existence on the date of prizing of the chit, and the foreman is entitled to recover the entire balance amount in a lump sum in the event of default in payment of future installments.

Sathish Ninan,P. Krishna Kumar

Sree Gokulam Chit and Finance Co. (P) Ltd. v. Sahir

6th February, 2026

2026 KLT OnLine 1231

Service -- A member has been in sound physical and mental condition upon entering service, except as to physical disabilities noted or recorded at the time of entrance and in the event of his being discharged from service on medical grounds at any subsequent stage, that any such deterioration in his health which has taken place, is due to such military service.

K. Natarajan,Johnson John

Havildar B. Manikuttan v. Union of India

9th February, 2026