Latest News
The Arc And Web Of Drug Trade Cannot Be Permitted To Corrode The Shine Of The Youth Of India!
17-12-2024
The Arc And Web Of Drug Trade Cannot Be Permitted To Corrode The Shine Of The Youth Of India!
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2024 KLT OnLine 2978 (SC)
Ankush Vipan Kapoor v. National Investigation Agency
Honâble Mr. Justice B.V. Nagarathna & Honâble Mr. Justice N. Kotiswar Singh
Decided on 16th December, 2024
For full text  click here
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Demolition of homes of the accused or convicted without due process of law is unconstitutional. SC issues directions :
13-11-2024
Demolition of homes of the accused or convicted without due process of law is unconstitutional. SC issues directions :
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A. NOTICE
i. No demolition should be carried out without a prior  show cause notice returnable either in accordance  with the time provided by the local municipal laws or  within 15 daysâ time from the date of service of such  notice, whichever is later.
ii. The notice shall be served upon the owner/occupier  by a registered post A.D. Additionally, the notice shall  also be affixed conspicuously on the outer portion of the structure in questionâŚâŚâŚâŚ
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2024 KLT OnLine 2712 (SC)
Honâble Mr. Justice B.R. Gavai & Honâble Mr. Justice K.V. Viswanathan
In Re: Directions in the matter of demolition of structures
Decided on 13th November, 2024
For judgment 'click here'
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An institution will not lose its minority status merely because it was created by a statute. SC 7 Judge Constitution Bench by a majority of 4:3 overrules S. Azeez Basha vs. Union Of India(1967)
08-11-2024
An institution will not lose its minority status merely because it was created by a statute. SC 7 Judge Constitution Bench by a majority of 4:3 overrules S. Azeez Basha vs. Union Of India(1967)
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Factors which must be used to determine if aminority âestablishedâ an educational institution: i. The indicia of ideation, purpose and implementation must be satisfied. First, the idea for establishing an educational institution must have stemmed from a person or group belonging to the minority community; second, the educational institution must be established predominantly for the benefit of the minority community; and third, steps for the implementation of the idea must have been taken by the member(s) of the minority community; and
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ii. The administrative-set up of the educational institution must elucidate and affirm (I) the minority character of the educational institution; and (II) that it was established to protect and promote the interests of the minority community.
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AMU minority status to be decided by a regular Bench
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Aligarh Muslim University v. Naresh Agarwal
Hon'ble Chief Justice of India Justice D.Y. Chandrachud, Hon'ble Justice Sanjiv Khanna, Hon'ble Justice Surya Kant, Hon'ble Justice J.B. Pardiwala, Hon'ble Justice Dipankar Datta, Hon'ble Justice Manoj Misra & Hon'ble Justice Satish Chandra Sharma
Decided on 8th November, 2024
For judgment click here
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Eligibility criteria for recruitment cannot be altered mid-way unless permitted by the extant rules: If at all rule permits such change ensure compliance with Article 14.: SC Five Judge Constitution..
07-11-2024
Eligibility criteria for recruitment cannot be altered mid-way unless permitted by the extant rules: If at all rule permits such change ensure compliance with Article 14.: SC Five Judge Constitution BenchÂ
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Tej Prakash Pathak And Ors. v. Rajasthan High Court And Ors
Honâble Chief Justice of India Dr. D. Y Chandrachud , Honâble Mr. Justice Hrishikesh Roy, Honâble Mr. Justice PS Narasimha, Honâble Mr. Justice Pankaj Mithal & Honâble Mr. Justice Manoj Misra
Decided on 7th November, 2024
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Can a person with a light motor vehicle (LMV) license legally drive a transport vehicle if it weighs 7,500 kg or less? SC Five Judge Constitution Bench answers in affirmative.
06-11-2024
Can a person with a light motor vehicle (LMV) license legally drive a transport vehicle if it weighs 7,500 kg or less? SC Five Judge Constitution Bench answers in affirmative.
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The final conclusions are as follows :Â
(I) A driver holding a license for Light Motor Vehicle (LMV) class, under Section 10(2)(d) for vehicles with a gross vehicle weight under 7,500 kg, is permitted to operate a âTransport Vehicleâ without needing additional authorization under Section 10(2)(e) of the MV Act specifically for the âTransport Vehicleâ class. For licensing purposes, LMVs and Transport Vehicles are not entirely separate classes. An overlap exists between the two. The special eligibility requirements will however continue to apply for, inter alia, e-carts, e[1]rickshaws, and vehicles carrying hazardous goods. (II) The second part of Section 3(1), which emphasizes the necessity of a specific requirement to drive a âTransport Vehicle,â does not supersede the definition of LMV provided in Section 2(21) of the MV Act. (III) The additional eligibility criteria specified in the MV Act and MV Rules generally for driving âtransport vehiclesâ would apply only to those intending to operate vehicles with gross vehicle weight exceeding 7,500 kg i.e. âmedium goods vehicleâ, âmedium passenger vehicleâ, âheavy goods vehicleâ and âheavy passenger vehicleâ. (IV) The decision in Mukund Dewangan (2017) is upheld but for reasons as explained by us in this judgment. In the absence of any obtrusive omission, the decision is not per incuriam, even if certain provisions of the MV Act and MV Rules were not considered in the said judgment.
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M/S. Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi & Ors.
Honâble Chief Justice of India Dr. D. Y Chandrachud , Honâble Mr. Justice Hrishikesh Roy, Honâble Mr. Justice PS Narasimha, Honâble Mr. Justice Pankaj Mithal & Honâble Mr. Justice Manoj Misra
Decided on 6th November, 2024
For judgment click here
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Whether privately owned property is a âmaterial resource of the communityâ: SC Nine Judge Constitution Bench delivers judgment by a majority of 8:1
05-11-2024
Whether privately owned property is a âmaterial resource of the communityâ: SC Nine Judge Constitution Bench delivers judgment by a majority of 8:1: Justice Nagaratna concurs; Justice Dhulia dissents
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âNot every resource owned by an individual can be considered a material resource of the community merely because it meets the qualifier of material needs. The inquiry about whether the resource in question falls within the ambit of Article 39 (b) must be content specific and subject to a non-exhaustive list of factors such as the nature of the resource and its characteristics, the impact of the resource in the well-being of the community, the scarcity of the resource and the consequences of such a resource being concentrated in the hands of private players.â
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Property Owners Association And Ors v. State of Maharashtra
 Honâble Chief Justice of India Dr. D.Y. Chandrachud, Honâble Mr. Justice Hrishikesh Roy, Honâble Mrs. Justice B.V. Nagarathna, Honâble Mr. Justice Sudhanshu Dhulia, Honâble Mr. Justice J.B. Pardiwala, Honâble Mr. Justice Manoj Misra, Honâble Mr. Justice Rajesh Bindal, Honâble Mr. Justice Satish Chandra Sharma and Honâble Mr. Justice Augustine George Masih
Decided on 5th November, 2024
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Kerala High Court issues notice regarding Implementation of 'Machine Scrutiny ' to WP (C) Cases (excluding Miscellaneous matters)
30-10-2024
THE HIGH COURT OF KERALA
HCKL / 5621 / 2023 - A7
Kochi -682031
Date: 30-10-2024
NOTICE
Sub:- Implementation of 'Machine Scrutiny ' to WP (C) Cases (excluding Miscellaneous matters)- reg
Ref:- High Court Notices of even number dated 06.07.2023, 10.07.2023 and 29.11.2023.
------------------
The High Court of Kerala with the object of enhancing the efficacy of the e-filing process has introduced 'Machine Scrutiny' in the matter of Bail Applications and Writ Appeals vide notices cited. Now, in continuation of the above, it is decided to extend Machine Scrutiny to WP(C) cases (excluding Miscellaneous matters) as well, w.e.f. 01.11.2024.
In this regard, it is also informed that if any non-compliance with the rules or any defect is noticed after 'Machine Scrutiny', registration and listing, the Court Officer has the option to mark such non-compliance using a short order during the Court's proceedings.
(By Order)
Prabhathu Kumar B
REGISTRAR(JUDICIAL)
Registrar General in - charge
To:-
The Advocate General, Ernakulam.
The Director General of Prosecutions & State Public Prosecutor, Ernakulam.
The Additional Advocate Generals, Ernakulam (2 copies).
The Additional Director General of Prosecutions, Ernakulam (2copies).
The Deputy Solicitor General of India, Ernakulam.
The President, Kerala High Court Advocatesâ Association, Ernakulam.
The Chairman, Bar Council of Kerala, Ernakulam.
The State Attorney, Advocate General's Office, Ernakulam.
The Senior Counsel, Government of India (Taxes), Ernakulam.
The President, Kerala High Court Senior Advocates' Association, Ernakulam.
The President of Kerala Federation of Women Lawyers, Ernakulam.
The Vice-Presidents, Kerala High Court Advocatesâ Association, Ernakulam.
The Secretary, Rule Committee under Section 123 CPC, High Court.
The Secretary, Kerala High Court Advocatesâ Association, Ernakulam.
The General Secretary, Kerala High Court Senior Advocates' Association,
Ernakulam.
The Secretary, Indian Law Institute, Ernakulam.
The Mediator - Co-ordinator, High Court Mediation Centre, Ernakulam
The President, Kerala High Court Advocatesâ Clerksâ Association, Ernakulam.
The Registrars and the Additional Registrar (General Administration), High
Court.
The Director of the Kerala Judicial Academy, Athani.
The Additional Director of the Kerala Judicial Academy, Athani.
The Member Secretary, Kerala State Legal Services Authority, Ernakulam.
The Director, Kerala State Mediation and Conciliation Centre, Ernakulam.
The Deputy Director (IT), High Court.
The Deputy Director of the Kerala Judicial Academy, Ernakulam
The Assistant Director of the Kerala Judicial Academy, Ernakulam
All Officers and Sections, High Court.
The Secretary, High Court Legal Services Committee, Ernakulam.
The Private Secretary to the Chief Justice, High Court.
The Protocol Officer, High Court.
The Public Relations Officer, High Court.
The Finance Officer, High Court
The Manager (IT), High Court
The Court Officer to the Chief Justice, High Court
The Additional Public Relations Officer, High Court.
The Private Secretaries to Judges, High Court.
The Filing and Court Officers' sections, High Court.
The IT (Technical Cell), High Court
The Confidential Assistants to the Registrars, Director (KJA) and
the Additional Registrar (General Administration).
The Admn. Records Section, High Court
The Notice Board, High Court
The File/Stock.
Copy submitted to :
The Honourable the Chief Justice and the Honourable Judges
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Mandatory field added in Bail Application Filing Module for all pre-arrest bail applications to ascertain whether the accused is in India or abroad at the time of making the Bail Application
29-10-2024
Kerala High Court issues notice regarding adding of *mandatory field* in Bail Application Filing Module for all pre-arrest bail applications to ascertain whether the accused is in India or abroad at the time of making the Bail Application
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THE HIGH COURT OF KERALA
HCKL/4575/2024-A7-HC KERALA Kochi -682031
Date: 29-10-2024
NOTICE
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Sub: Mandatory field added in Bail Application Filing Module for all pre-arrest bail applications to ascertain whether the accused is in India or abroad at the time of making the Bail Application
Ref: Order dated 01-10-2024 of the High Court in JPP No. 4/2024
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As per the order cited, it was inter alia held that if the accused person is abroad at the time of making an application for pre-arrest bail under sub-section (1) of Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023, the said material fact that possesses the potential to significantly influence the decision-making process of the Court and imposition of conditions as in clauses (i), (iii), etc. of sub-section (2) of Section 482 of BNSS, must be disclosed in such an application, failing which it would amount to suppression of material facts from the notice of the Court.
Hence, in compliance with the said order, a mandatory field has been added in the
Bail Application Filing Module for all pre-arrest bail applications to ascertain whether the applicant accused is in India or abroad at the time of making the Bail Application. The status of petitioners as to their being abroad at the time of filing the bail application shall be displayed in the docket.
(By Order)
P Krishna Kumar
REGISTRAR GENERAL
To:-
The Advocate General, Ernakulam.
The Director General of Prosecutions & State Public Prosecutor, Ernakulam.
The Additional Advocates General, Ernakulam (2 copies).
The Additional Director General of Prosecutions, Ernakulam (2 copies).
The Deputy Solicitor General of India, Ernakulam.
The President, Kerala High Court Advocatesâ Association, Ernakulam.
The Chairman, Bar Council of Kerala, Ernakulam.
The State Attorney, Advocate General's Office, Ernakulam.
The Senior Counsel, Government of India (Taxes), Ernakulam.
The President, Kerala High Court Senior Advocates' Association, Ernakulam.
The President of Kerala Federation of Women Lawyers, Ernakulam.
The Vice-Presidents, Kerala High Court Advocatesâ Association, Ernakulam
The Secretary, Rule Committee under Section 123 CPC, High Court.
The Secretary, Kerala High Court Advocatesâ Association, Ernakulam.
The General Secretary, Kerala High Court Senior Advocates' Association, Ernakulam
The Secretary, Indian Law Institute, Ernakulam.
The Mediator-Co-ordinator, High Court Mediation Centre, Ernakulam
The President, Kerala High Court Advocatesâ Clerksâ Association, Ernakulam.
The Registrars and the Additional Registrar (General Administration),
High Court.
The Director of the Kerala Judicial Academy, Athani.
The Additional Director of the Kerala Judicial Academy, Athani.
The Member Secretary, Kerala State Legal Services Authority, Ernakulam.
The Director, Kerala State Mediation and Conciliation Centre, Ernakulam.
The Deputy Director (IT), High Court.
The Deputy Director of the Kerala Judicial Academy, Athani.
The Assistant Director of the Kerala Judicial Academy, Athani.
The Joint Registrars and Deputy Registrars, High Court
The Secretary, High Court Legal Services Committee, Ernakulam.
The Protocol Officer, High Court.
The Public Relations Officer, High Court.
The Private Secretary to the Chief Justice, High Court.
The Principal Technical Officer, High Court
The Assistant Registrar in charge of the Filing Section, High Court
The Assistant Registrar in charge of the Court Officer's Section, High Court.
The Assistant Registrar in charge of the Bail Application Section, High Court
The Court Officer to the Chief Justice, High Court.
The Private Secretaries to Judges, High Court.
The Filing Scrutiny Officers, High Court.
The Filing and Court Officer's Section, High Court.
The IT Technical Cell, High Court.
The Bail Application Section, High Court.
The Confidential Assistants to the Registrars, Director (KJA) and the
Additional Registrar (General Administration)
The Administrative Records Section, High Court.
The Notice Board, High Court
The File/Stock File
Copy submitted to:- The Honourable the Chief Justice and
The Honourable Judges
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President appoints five new Judges as additional Judges of Kerala High Court.
29-10-2024
President appoints five new Judges as additional Judges of Kerala High Court.
1. Parameswara Panicker Krishna Kumar
2. â Kodassery Veliyath Madom Jayakumar
3. â Muralee Krishna Shankaramoole
4. â Jobin Sebastian
5. â Pandikkaran Varadaraja lyer Balakrishnan
For notification click here
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Happy Hours For States; SC Constitution Bench by a Majority of 8:1 Upholds the Power of States to Regulate Industrial Alcohol
23-10-2024
Happy Hours For States; SC Constitution Bench by a Majority of 8:1 Upholds the Power of States to Regulate Industrial Alcohol
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SC nine judge bench comprising CJI DY Chandrachud, Justices Hrishikesh Roy, Abhay S. Oka, B.V. Nagarathna, J.B. Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma And Augustine George Masih decided the question of whether âintoxicating liquorâ in Entry 8 only includes potable alcohol, such as alcoholicbeverages or also includes alcohol which is used in the production of other products. In Synthetics and Chemicals Ltd. v. State of U.P (1990 (1) KLT OnLine 1009 (SC)), a Seven-Judge Bench held that denatured spirit is industrial alcohol and is outside the jurisdiction of States under Entry 8, List II of the Seventh Schedule to the Constitution. The correctness of the said judgment was answered through this reference.
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The Court formulated six questions for adjudication by a larger Bench. They are reproduced below:
a. Does Section 2 of the IDRA have any impact on the field covered by Section 18G of the same or Entry 33 of List III of the Seventh Schedule?
b. Does Section 18G of the aforesaid Act fall under Entry 52 of List I of the Seventh Schedule of the Constitution, or is it covered by Entry 33 of List III thereof?
c. In the absence of any notified order by the Central government under Section 18G of the above Act, is the power of the State to legislate in respect of matters enumerated in Entry 33 of List III ousted?
d. Does the mere enactment of Section 18G of the IDRA, give rise to a presumption that it was the intention of the Central government to cover the entire field in respect of Entry 33 of List III so as to oust the Statesâ competence to legislate in respect of matters relating thereto?
e. Does the mere presence of Section 18G of the IDRA, oust the Stateâs power to legislate in regard to matters falling under Entry 33(a) of List III?
f. Does the interpretation given in Synthetics (1990 (1) KLT OnLine 1009 (SC), in respect of Section 18G of the IDRA correctly state the law regarding the Statesâ power to regulate industrial alcohol as a product of the Scheduled industry under Entry 33 of List III in view of clause (a) thereof?
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The majority judgment authored by CJI DY Chandrachud concluded as follows
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âEntry 8 of List II of the Seventh Schedule to the Constitution is both an industry-based entry and a product-based entry. The words that follow the expression âthat is to sayâ in the Entry are not exhaustive of its contents. It includes the regulation of everything from the raw materials to the consumption of âintoxicating liquorâ;
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Parliament cannot occupy the field of the entire industry merely by issuing a declaration under Entry 52 of List I. The State Legislatureâs competence under Entry 24 of List II is denuded only to the extent of the field covered by the law of Parliament under Entry 52 of List I;
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Parliament does not have the legislative competence to enact a law taking control of the industry of intoxicating liquor covered by Entry 8 of List II in exercise of the power under Article 246 read with Entry 52 of List I;
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The judgments of the Bombay High Court in FN Balsara v. State of Bombay, this Court in FN Balsara (1951 KLT OnLine 813 (SC)) and Southern Pharmaceuticals (1981 KLT OnLine 1079 (SC)) did not limit the meaning of the expression âintoxicating liquorâ to its popular meaning, that is, alcoholic beverages that produce intoxication. All the three judgments interpreted the expression to cover alcohol that could be noxiously used to the detriment of health;
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The expression âintoxicating liquorâ in Entry 8 has not acquired a legislative meaning on an application of the test laid down in Ganon Dunkerley (1958 KLT OnLine 1305 (SC));
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The study of the evolution of the legislative entries on alcohol indicates that the use of the expressions âintoxicating liquorâ and âalcoholic liquor for human consumptionâ in the Seventh Schedule to the Constitution was a matter well-thought of. It also indicates that the members of the Constituent Assembly were aware of use of the variants of alcohol as a raw material in the production of multiple products;
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Entry 8 of List II is based on public interest. It seeks to enhance the scope of the entry beyond potable alcohol. This is inferable from the use of the phrase âintoxicatingâ and other accompanying words in the Entry. Alcohol is inherently a noxious substance that is prone to misuse affecting public health at large. Entry 8 covers alcohol that could be used noxiously to the detriment of public health. This includes alcohol such as rectified spirit, ENA and denatured spirit which are used as raw materials in the production of potable alcohol and other products. However, it does not include the final product (such as a hand sanitiser) that contains alcohol since such an interpretation will substantially diminish the scope of other legislative entries;
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The judgment in Synthetics (7J) (1990 (1) KLT OnLine 1009 (SC) is overruled in terms of this judgment;
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Item 26 of the First Schedule to the IDRA must be read as excluding the industry of âintoxicating liquorâ, as interpreted in this judgment;
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The correctness of the judgment in Tika Ramji (1956 KLT OnLine 1018 (SC)) on the interpretation of word âindustryâ as it occurs in the legislative entries does not fall for determination in this reference; and
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The issue of whether Section 18G of the IDRA covers the field under Entry 33 of List III does not arise for adjudication in view of the finding that denatured alcohol is covered by Entry 8 of List II."
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The dissent by Justice B.V. Nagarathna
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Entry 33(a) â List III has to be read in the context of Entry 52 â List I. IDRA is relatable to Entry 52 â List I. Section 2 of the IDRA has a nexus and is connected with Section 18G of the said Act. Therefore, Entry 33(a) â List III is impacted by Section 2 read with Section 18G of the IDRA.
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Section 18G of the IDRA is directly relatable to Entry 52 â List I which has to be read in the context of Section 2 of IDRA. The doctrine of occupied field applies and the legislative field under Entry 33(a) â List III is covered by the said provision on the basis of doctrine of occupied field under first part of Article 254 of the Constitution.
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Even in the absence of any notified order by theCentral Government under Section 18G of the IDRA, the power of the States to legislate in respect of matters enumerated in Entry 33(a) â List III is ousted on the basis of the doctrine of occupied field as aforestated. On this aspect, the judgment of this Court in Synthetics and Chemicals (7J) is correct.
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The mere enactment of section 18G of the IDRA gives rise to a presumption that it was the intention of the Parliament and Central Government to cover the entire field in respect of Entry 33(a) - List III so as to oust the States' competence to legislate in respect of matters relating thereto.
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The mere presence of Section 18G of the IDRA would oust the State's power to legislate in regard to matters falling under Entry 33(a) - List III. The doctrine of occupied field applies.
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The interpretation given in Synthetics andChemicals case, (1990) 1 SCC 109 in respect of Section 18G of the IDRA correctly states the law. Even with regard to âindustrial alcoholâ as a product which falls within âFermentation Industriesâ in respect of which the Union has assumed control, in the absence of a notified order, the competence of the State to act under Entry 33- List III is denuded.
Short edits by Adv. Ashly Harshad
Honâble Chief Justice of India, Mr. Justice Dr. Dhananjaya Y Chandrachud, Â Honâble Mr. Justice Hrishikesh Roy, Honâble Mr. Justice Abhay S. Oka, Honâble Mr. Justice B.V. Nagarathna, Honâble Mr. Justice J. B. Pardiwala, Honâble Mr. Justice Manoj Misra, Honâble Mr. Justice Ujjal Bhuyan, Honâble Mr. Justice Satish Chandra Sharma & Honâble Mr. Justice Augustine George Masih
State of U.P. & Ors v. M/S Lalta Prasad Vaish
Decided on 23rd October, 2024
For judgment click here
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Authorities exercising 'adjudicatory functions' cannot defend their orders in appeal -- Supreme Court
18-10-2024
Authorities exercising 'adjudicatory functions' cannot defend their orders in appeal -- Supreme Court
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Honâble Chief Justice of India, Justice Dr. D.Y. Chandrachud, Honâble Mr. Justice J.B. Pardiwala & Honâble Mr. Justice Manoj Misra
Airports Economic Regulatory Authority of India v. Delhi International Airport Ltd.
Decided on 18th October, 2024
For full judgment click here
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The right to information about routine ways to make life meaningful and be educated on the adverse effects of child marriage falls under Article 21. Children are entitled to be aware of their rights..
18-10-2024
The right to information about routine ways to make life meaningful and be educated on the adverse effects of child marriage falls under Article 21. Children are entitled to be aware of their rights and the ill effects that marriage unleashes on them. The entitlement of the child flows from the right to education.
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Honâble Chief Justice of India, Justice Dr. D.Y. Chandrachud, Honâble Mr. Justice J.B. Pardiwala & Honâble Mr. Justice Manoj Misra
Society for Enlightenment and Voluntary Action v. Union of India & Ors.
Decided on 18th October, 2024
For full judgment click here
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Quantified disability per se will not disentitle a candidate with benchmark disability from being considered for admission to educational institutions.
15-10-2024
Quantified disability per se will not disentitle a candidate with benchmark disability from being considered for admission to educational institutions.
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Supreme Court allows PwD candidate with quantified disability to pursue MBBS Course.
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2024 KLT OnLine 2487 (SC)
Honâble Mr. Justice B.R. Gavai, Honâble Mr. Justice Aravind Kumar & Honâble Mr. Justice K.V. Viswanathan
Omkar Ramchandra Gond v. Union of India
*Decided on 15th October, 2024*
For judgment 'click here'
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Latest Office Memorandum
15-10-2024
Latest Office Memorandum
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Notaries appointed under the Notaries Act, 1952 should desist themselves from executing marriage or divorce deeds as they are not appointed as Marriage Officers.
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For full text click here
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Kerala High Court Invalidates Government's Decision in Panchayat License Dispute Related to Vizhinjam Port Project
10-10-2024
Kerala High Court Invalidates Government's Decision in Panchayat License Dispute Related to Vizhinjam Port Project
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The short question was whether the Government could exercise its jurisdiction under Section 191 of the Kerala Panchayat Raj Act, 1994 against decision of the committee of the Grama Panchayat in the light of the bar created by Section 191(3) of the 1994 Act.
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 Kerala High Court ruled that an application filed under Section 191(1) of the Kerala Panchayat Raj Act, 1994, is not maintainable if the applicant has a remedy under Section 276 of the Act. The case involved the cancellation of a license granted by Aryanad Grama Panchayat to a company involved in the Vizhinjam Port project for a quarry license. The Panchayat revoked the license, and the company approached the government, which stayed the cancellation.
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However, the Court found that the government lacked the authority to intervene under Section 191 as an alternative remedy was available under Section 276. The court declared the application filed before the government invalid and directed the company to seek remedy through the Tribunal for Local Self Government Institutions.
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Case Briefs by Adv. Ashly Harshad
2024 KLT OnLine 2462
Honâble Mr. Justice Gopinath P.
Suresh Kumar v. State of Kerala
Decided on 1st October, 2024
For Petitioner : Advs. D.Kishore, Meera Gopinath & R.Muraleekrishnan (Malakkara)
For Respondents : Advs. Roshen.D.Alexander , Tina Alex Thomas, Harimohan, Kochurani James, Suman Chakravarthy, K. R. Deepa (Spl. Government Pleader) & Jasmine M. M (Government Pleader)
For judgment 'click here'
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Equity, leans towards equality, and the rule that the joint purchasers are equally entitled to property, is in consonance with this doctrine of equity.
09-10-2024
Equity, leans towards equality, and the rule that the joint purchasers are equally entitled to property, is in consonance with this doctrine of equity.
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2024 KLT OnLine 2451
Honâble Mr. Justice Devan Ramachandran & Honâble Mrs. Justice M.B. Snehalatha
Treesa Poulose v. John Poulose
Decided on 30th September 2024
For Appellants : Adv. S. Soman                 Â
For Respondents  : Adv. N.C. Joseph Â
For judgment 'click here'
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Merely because writings of a journalist are perceived as criticism of the Government, criminal cases should not be slapped against the writer.
04-10-2024
In democratic nations, freedom to express one's views are respected. The rights of the journalists are protected under Article 19(1)(a) of the Constitution of India. Merely because writings of a journalist are perceived as criticism of the Government, criminal cases should not be slapped against the writer.
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2024 KLT OnLine 2426 (SC)
Hon'ble Mr. Justice Hrishikesh Roy & Hon'ble Mr. Justice S.V.N. Bhatti
Abhishek Upadhyay v. State of Uttar Pradesh
Decided on 4th October, 2024
For judgment 'click here'
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latest amendments -- 4.10.2024
04-10-2024
Kerala Forest Produce Transit (Amendment) Rules, 2024
For full text  click here
Kerala State and Subordinate Services (2nd Amendment) Rules, 2024
For full text  click here
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No caste based allotment of work in prisons: Supreme Court calls for reforms in prisons manuals across the country and deletion of "caste" column and any references to caste in undertrial and/or .....
03-10-2024
No caste based allotment of work in prisons: Supreme Court calls for reforms in prisons manuals across the country and deletion of "caste" column and any references to caste in undertrial and/or convicts' prisoners' registers inside the prisons.
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Honâble Chief Justice of India, Justice Dr. D.Y. Chandrachud, Honâble Mr. Justice J.B. Pardiwala & Honâble Mr. Justice Manoj Misra
Sukanya Shantha v. Union of India & Ors.
Decided on 3rd October, 2024
For full judgment 'click here'
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The actual aggressor who initiated the violence and brought the victim to fight, cannot be heard to say that his atrocious acts which snatched the life of the victim, deserve the protection of the....
03-10-2024
The actual aggressor who initiated the violence and brought the victim to fight, cannot be heard to say that his atrocious acts which snatched the life of the victim, deserve the protection of the right of private defence  -- Kerala High Court.
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2024 KLT OnLine 2410
Honâble Mr. Justice Raja Vijayaraghavan V & Honâble Mr. Justice G.Girish
Thomas v. State of Kerala
Decided on 30th September, 2024
For Petitioner : Advs. P.K. Varghese, Sanjana Rachel Jose & R.Rohith Â
For Respondents : Adv. Neema.T.V. (Sr. Â Public Prosecutor)Â Â Â Â
For judgment 'click here'
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