24/04/2019
*Latest Judgments updated (24.04.2019)*
*For Full Text Judgments Logon to www.kltonline.in*
*2019 (2) KLT 381*
*https://www.kltonline.in/Judgements/Detail/50752*
*Land Tax Act 1961 (Kerala),* Ss. 3( 3) & 5( 2) – Land Tax Rules 1972 (Kerala), R. 4 – In a case as where the co-owners/co-sharers have been duly allotted the shares pursuant to a final decree of the civil court in a suit for partition, it is the statutory obligation of the competent revenue officials concerned to ensure that basic land tax is collected from such persons who are “land holders” as understood in Section 3(3).
*2019 (2) KLT 388*
*https://www.kltonline.in/Judgements/Detail/50753*
*Penal Code 1860,* S.420 – The mere act of introducing a person to a bank to enable such person to open an account in the bank, without anything more, does not attract the offence of cheating punishable under Section 420 I.P.C. against the person who makes the introduction, even when the person introduced by him subsequently commits an act of cheating against the bank.......
*2019 (2) KLT 391*
*https://www.kltonline.in/Judgements/Detail/50727*
*Land Reforms Act 1964 (Kerala),* Ss. 83, 81( 1), 85, 86 & 87( 1) – There is no statutory inhibition that an owner of land can utilise the land only for specified purposes.
...... Ss. 81( 1), 83, 85, 86 & 87( 1) – The holder of the land is free to use the land as an absolute owner in accordance with law.
........ Ss. 81( 1), 83, 85, 86 & 87( 1) – Issue of Revenue Certificate – On account of the potential action that can be brought against the holder of the land, he cannot be denied his right to utilise the land for any lawful purposes – Till the land is vested with the Government, the holder of the land has absolute freedom to utilise and enjoy the land as a full owner of it.
......... Ss. 81 & 83 – There is no prohibition of conversion under the KLR Act.
.......... Ss. 81, 81( 1) & 83 – Conservation and preservation were not the objectives of the KLR Act.
........... Ss. 81( 1), 81( 4) & 83 – Land Reforms (Using of five percent plantation land for non-plantation purposes) Rules 2015 (Kerala) – It is clear that conversion only would visit the consequence of initiation of proceedings for redetermination of the ceiling alone and not beyond that.
....... Ss. 81( 1), 83, 84 & 85 – Issue of Revenue Certificates – The holder of the land is entitled to enjoy all such benefits being the holder of the land. He would be entitled to all such revenue documents to utilise the land for any such purposes.
...... Ss. 81( 1) & 83 – Land Utilization Order 1967 (Kerala), Cl. 6 – In view of the inbuilt prohibition utilising the land cultivated with food crops under the KLU order for other purposes without permission from the Collector, the Revenue authority would be justified in refusing to issue possession certificates and other revenue certificates to enable the holder of the land to utilize for other purposes.
*2019 (2) KLT 399*
*https://www.kltonline.in/Judgements/Detail/50765*
*Education* – Admission – Refund – In the case of a student, who discontinues the course prior to the last date of closing of admissions, he/she would be entitled for refund of the entire fees remitted.
*2019 (2) KLT 405*
*https://www.kltonline.in/Judgements/Detail/50766*
*Christian Civil Marriage Act 1920 (Cochin),* S. 4 – Statute itself in clear terms stipulated that only one among the proposed couple need be a Christian and the only exception made is that the benefit of the said Act cannot be claimed by a Christian British subject
*2019 (2) KLT 409*
*https://www.kltonline.in/Judgements/Detail/50769*
*Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002* – Auction of secured asset – Residential Apartments – The prospective buyer should be made aware of the claims of the home buyers also
*2019 (2) KLT 415*
*https://www.kltonline.in/Judgements/Detail/50771*
*Headload Workers Act 1978 (Kerala)* , S. 13 – Headload Workers Rules 1981 (Kerala), R. 26A – The registration with a specified employer will give an exclusive right to Headload Workers to work under that employer.
...... S. 13 – Headload Workers Rules 1981 (Kerala), R. 26A – Rule 26A postulates application of mind for registration of Headload Workers in regard to the number of Headload Workers required in an area – It is not possible to register Headload Workers on mere asking indiscriminately.
......... S. 13 – Headload Workers Rules 1981 (Kerala), R. 26A – No headload workers, can be registered for a specified area without the Assistant Labour Officer determining the need for the area and following a transparent procedure by inviting applications.
