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Abdul Razak @ Abu Ahmed v. Union of India

Criminal Procedure Code, 1973 – Section 315 – Accused person to be competent witness – Whether a person accused of the very same offence arising from the very same transaction, can be permitted to be examined as a witness in respect of the trial that is being conducted against the co-accused ? 2021 (5) KHC 181 : 2021 (5) KLT 500

United India Insurance v. Shalumol, ICL 2021 (8) Ker. 893

Motor Vehicles Act, 1988 – Section 166 – Is dependency a relevant criterion in a claim petition – Should a dependent be a legal representative of the deceased to claim compensation – Are parents and married daughters entitled to claim compensation, as dependents of the deceased ?

M.K. Salim v. State of Kerala

Environment (Protection) Act, 1986 – Sections 3(1) and 3(2)(v) – Environment (Protection) Rules, 1986 – Rule 5(3)(d) – Environmental Impact Assessment (EIA) notification – Environmental Clearance (EC) – State Environmental Impact Assessment Authority (SEIAA) – Argument that the building having a built-up area of more than 1.5 lakhs sq.m. must obtain the EC from the Ministry of Environment and Forest, is a misconception and a misreading of the EIA notification – A project having a built-up area of more than 1.5 lakhs sq.m. can also fall under category B. If it is a category B project, the SEIAA is the authority to grant the EC. 2021 (4) KCC 263 : 2021 (4) KHC 597

xxxx v. State of Kerala

Constitution of India – the right of a single parent/unwed mother to conceive by ART having been recognized, prescriptions of forms requiring mentioning of name of father, the details of which is to be kept anonymous, is violative of the fundamental rights of privacy, liberty and dignity. 2021 (4) KCC 259 : 2021 (4) KHC 641

Cardinal Mar George Alencherry v. State of Kerala

Penal Code, 1860 – Ss. 120B, 406, 409, 418, 420, 423, 465, 467, 468 & 34 – Alienation of properties belonging to Syro Malabar Church – Application of Canon Law – there cannot be any difference of opinion with respect to application of Canon law, which is limited to religious practices observed in a church.Read More »Cardinal Mar George Alencherry v. State of Kerala

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Tax Law | Mather and Company Pvt. Ltd. v. State of Kerala, W.P. (C) No. 35048 of 2007 Ker.

The Kerala Value Added Tax Act, 2003 – Section 8(a)(iii) – Finance Act, 2007 – There is no irregularity or illegality demanding higher rate of tax in respect of the work contracts entered into between Contractors and the prospective purchasers (Awarders) based on any agreement executed on or after 01-04-2005.  Read More »Tax Law | Mather and Company Pvt. Ltd. v. State of Kerala, W.P. (C) No. 35048 of 2007 Ker.

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