*LATEST JUDGEMENTS 29-01-2021*
*No effective investigation – Acquittals happened to be passed at the end of ineffective trials – Held, in such cases, de novo trials, and if necessary, further investigation, can be ordered — 2021 (1) KHC 351 : 2021 KHC OnLine 29 (DB)*
*Taxation Law – Payment made in duplicate – Non-refund of – State and its authorities are not expected to act in a Shylochian manner and squeeze money from its citizens — 2021 (1) KHC 387 : 2021 KHC OnLine 52*
*Paddy Land Act – Application for regularisation submitted under S.3A filed on 24/02/2016 – Can be treated as an application under Clause 6 of KLUO — 2021 (1) KHC 427 : 2021 KHC OnLine 45*
*CrPC S.233 – Possibility of annoyance to witness sought to be examined, or to prosecution witness already examined, is not a ground for refusing to summon a witness — 2021 (1) KHC 430 : 2021 KHC OnLine 53*
*IPC S.279 — Doctrine of contributory negligence does not apply to a criminal liability, where death of a person is caused partly by negligence of accused and partly by negligence of deceased victim (driver of the other bus) — 2021 (1) KHC 420 : 2021 KHC OnLine 47*
*Fair Compensation Act – Shop room where business was conducted by tenant acquired under the Act – Compensation cannot be denied for the reason that husband of claimant has secured employment — 2021 (1) KHC 411 : 2021 KHC OnLine 49*
*It is not permissible to extend criminal liability on political executive merely because they have taken a policy decision and pro-active steps in its implementation — 2021 (1) KHC 446 : 2021 KHC OnLine 33*
*IPC S.375 — Promise allegedly made by accused to a married woman that, he would marry her, is a promise, is not enforceable in law and such an unenforceable promise cannot be the basis for prosecution to contend that consent of woman, who has sexual relationship with accused, has been obtained on the basis of misconception of fact — 2021 (1) KHC 435 : 2020 KHC OnLine 904*
*Munsiff Magistrates – Candidates who find place in the merit list cannot be appointed to vacancies arising within one year from the date of approval of the merit list, in excess of those specified in the Notification — 2021 KHC 6011 : 2021 (1) KHC SN 17 : 2021 KHC OnLine 6011 (SC)*
*APJ Abdul Kalam Technological University – Norms for affiliation – There is nothing in the Statutes that appears to curtail the power of the Syndicate to lay down norms and standards — 2020 KHC 6693 : 2021 (1) KHC SN 16 : 2020 KHC OnLine (SC)*
*Principles governing exercise of appellate powers in an appeal against acquittal will arise only if there was a proper trial in the legal sense — 2021 (1) KHC 351 : 2021 KHC OnLine 29 (DB)*
*Appointments of GPs and PPs, including Special Public Prosecutors – Such posts are not intended to provide employment to the favourites of the ruling party on extraneous considerations — 2021 (1) KHC 351 : 2021 KHC OnLine 29 (DB)*
*Source of power for Syndicate to prescribe norms and standards for affiliation, is S.30(2) of APJ Abdul Kalam Technological University Act — 2020 KHC 6693 : 2021 (1) KHC SN 16 : 2020 KHC OnLine 6693 (SC)*
*Court reiterates the importance in the appointment of Public Prosecutors which should leave no stones unturned — 2021 (1) KHC 351 : 2021 KHC OnLine 29 (DB)*
*Evidence Act — Need to invoke powers under S.165 for the purpose of eliciting truth – Reiterated — 2021 (1) KHC 351 : 2021 KHC OnLine 29 (DB)*
*Until a transfer of execution petition is ordered, Family Court, before where execution petition was filed is in seizin of the case and it is within the jurisdiction of the said Family Court to pass appropriate orders in execution of decree — 2021 (1) KHC 397 : 2021 KHC OnLine 41 (DB)*
*Service — CRPF — Writ petition is maintainable for the reason that original order was issued by an Officer stationed at Kochi — 2021 (1) KHC 405 : 2021 KHC OnLine 42 (DB)*
*IPC S.279 — Mere driving of a vehicle at a high speed or slow speed does not lead to an inference that negligent or rash driving had caused the accident resulting in injuries — 2021 (1) KHC 420 : 2021 KHC OnLine 47*
*CPC O.VI R.17 – When there is an arguable question whether new relief claimed by plaintiff by way of amendment of plaint is barred by limitation, application for amendment can be allowed after saving the question of limitation to be agitated and adjudicated in the trial of the case — 2021 (1) KHC 441 : 2020 KHC OnLine 783*
List of Articles
*Prosecution sanction under Section 197 CrPC* —- *Justice V. Ramkumar, Former Judge, High Court of Kerala* —–J-39