*LATEST JUDGMENTS 26-02-2021*
*Private out-of-Court settlement – Court-fee to be refunded — 2021 (2) KHC 62 : 2021 KHC OnLine 6080 (SC)*
*GO granting leave to Government employees and Teachers, who had not attended duties during strike – Is illegal — 2021 KHC 85 : 2021 (2) KHC SN 1 : 2021 KHC OnLine 85 (DB)*
*Locker service provided by Banks – Supreme Court issues directions — 2021 KHC 6088 : 2021 (2) KHC SN 3 : 2021 KHC OnLine 6088 (SC)*
*CrPC S.125 – ‘Living in adultery’ denotes a continuous course of conduct of immorality or lapses from virtue as distinguished from isolated instances of immorality — 2021 (2) KHC 38 : 2021 KHC OnLine 123*
*Transfer of a law student from a Self Financing College to Government Law College – Cannot be allowed — 2021 (2) KHC 70 : 2021 KHC OnLine 124*
*A suit for declaring sale deed as sham or void is not maintainable, when there is failure on the part of defendant in executing deed of re-conveyance — 2021 (2) KHC 18 : 2021 KHC OnLine 115(DB)*
*Dispute as to qualification of candidates – Cannot be considered when rank list has expired — 2021 (2) KHC 31 : 2021 KHC OnLine 119*
*It is pre-requisite for Medical Council of India to process any application only when essentiality certificate and consent of affiliation are produced — 2021 KHC 2 : 2021 (2) KHC SN 2 : 2021 KHC OnLine 2*
*Family Courts – When jewellery and money were not self-acquired property of deceased daughter, it can only be treated as inherited property – Mother entitled for a decree to recover the said property — 2021 (2) KHC 33 : 2021 KHC OnLine 120 (DB)*
*Teacher not obtaining Ph.D. Degree – Recovery of liabilities towards salary and allowances received by Teacher during period of deputation under FIP Programme, from DCRG – Has to be finalised within an outer time limit of three years on retirement –2021 (2) KHC 1 : 2021 KHC OnLine 122 (DB)*
*BRC Act S.11(8) – Fundamental requirement is that there should be functional integrity between building in occupation of landlord and building in occupation of tenant — 2021 (2) KHC 50 (DB)*
*Allegation that incumbent is unlawfully continuing in the post of Joint Commissioner of Food Safety (Administration and Legal) – Public Interest Litigation filed for issuing writ of quo warranto – Not warranted — 2021 (2) KHC 73 : 2021 KHC OnLine 68 (DB)*
*PC Act – Special Judge cannot act on such complaint without any sanction under S.19(1) — 2021 (2) KHC 11 : 2021 KHC OnLine 112*
*Government is not at liberty to take any policy decision in absolute violation of Rules — 2021 KHC 85 : 2021 (2) KHC SN 1 : 2021 KHC OnLine 85 (DB)*
*Medical College – Consent for affiliation – Adverse findings of inspection team and Scrutiny Committee – Is amenable for challenge Article 226 only on very limited grounds — 2021 KHC 2 : 2021 (2) KHC SN 2 : 2021 KHC OnLine 2*
*Banks owe a separate duty of care to exercise due diligence in maintaining and operating their locker or safety deposit systems — 2021 KHC 6088 : 2021 (2) KHC SN 3 : 2021 KHC OnLine 6088 (SC)*
*Court-fees – Real test to distinguish between an ancillary relief and a main relief is to see whether one could sustain without the other being granted — 2021 (2) KHC 18 : 2021 KHC OnLine 115 (DB)*
*To examine whether delivery of possession or entrustment of valuables from locker holder to Bank had taken place, proper forum for adjudication is Civil Court — 2021 KHC 6088 : 2021 (2) KHC SN 3 : 2021 KHC OnLine 6088 (SC)*
*BRC Act S.11(8) envisages oneness of building and not oneness of ownership of two different buildings, one occupied by landlord and other occupied by tenant — 2021 (2) KHC 50 : 2021 KHC OnLine 129 (DB)*
List of Articles
*Retirement of Hon’ble Mr. Justice A. M. Shaffique*
Speech by
*C. P. Sudhakara Prasad, Advocate General, State of Kerala* —-J-1
*Sri. Thomas Abraham, President, KHCAA* —– J-3
*Hon’ble Mr. Chief Justice S. Manikumar*—–J-5
Reply Speech by
*Hon’ble Mr. Justice A. M. Shaffique* —–J-8
*Creating Condos–A failure story:* *Johnson Gomez, Advocate, High Court of Kerala* —-J-12
*The Law Point* — *R. Natarajan, Retired District Judge,Former Director,Kerala Judicial Academy* —J-17
List of Statutes
*Kerala Epidemic Diseases Ordinance, 2021*—- S-1
*Kerala Epidemic Disease Corona Virus Disease (COVID-19) Additional Regulation, 2021*—S-4
*Kerala Headload Workers (Amendment) Ordinance, 2021* —–S-5