KHC

🛑 Constitution of India - Government authorities cannot repeatedly disobey clear Court orders and then file belated appeals to justify their non-compliance, as this constitutes unfair harassment of citizens through unnecessary litigation 🛑 Constitution of India - State has no special privileges in Court proceedings and must act with fairness and reasonableness when litigating against citizens, just like any other party *2025 KHC OnLine 572*

🔵 Kerala Co-operative Societies Act - S.28(2A), which restricts committee members of Credit Societies from contesting elections for more than three consecutive terms, is constitutionally valid 🔵 Election - Right to contest an election is a statutory right and not a common law right - It is a special right created by the Statute and can only be exercised on the conditions laid down by the Statute itself 🔵 Kerala Co-operative Societies Act - State Legislature has competence to prescribe eligibility conditions and term restrictions for elections to Co-operative Societies *2025 KHC OnLine 570*

⏺️Bail – High Court cannot grant bail in serious offences like murder without providing adequate reasons, especially when Trial Courts have properly considered the gravity of the crime and criminal background of the accused ⏺️Bail – Offence of murder – Taking a victim to hospital after committing a crime does not automatically prove absence of criminal intent and cannot be the sole basis for granting bail in murder cases *2025 KHC OnLine 6568*

🟢 NI Act – A demand notice issued under the proviso (b) to S.138 should be for the cheque amount - If no such demand is made, the notice would fall short of its legal requirement 🟢 NI Act - Demand notice can include other claims or demands such as interest, cost, damages, etc., alongside the cheque amount, as long as they are separated and do not overshadow the demand for the cheque amount 🟢 NI Act - If, in a demand notice, an omnibus demand is made, without specifying what was due under the dishonoured cheque, the notice would be bad *2025 KHC OnLine 573*

UGC Act, S.12 – A degree obtained through distance education outside the university’s home State, in violation of UGC territorial jurisdiction rules, is not valid for public employment under PSC, and a State university eligibility certificate cannot validate such a degree *2025 KHC OnLine 1771*

🟦 CrPC - Contractual payment disputes where partial payments are admitted cannot be prosecuted as criminal offences and must be resolved through civil remedies 🟦 CrPC - Using criminal proceedings to recover money in commercial disputes constitutes abuse of the process of Court and such cases must be quashed *2025 KHC OnLine 6566*

🟣 NI Act - When an accused person admits to giving a cheque, the complainant's inability to identify who filled it out or whose handwriting it contains does not invalidate the case under S.138 🟣 NI Act - When source of money to advance the cheque amount is put under challenge, complainant is expected to give a rational explanation, though no statutory duty cast upon the complainant to prove the source voluntarily, when there is no dispute regarding source 🟣 NI Act - An initial burden is cast upon the complainant to prove the transaction led to execution of the cheque, so as to canvas benefit of presumptions under S.118 and S.139 *2025 KHC OnLine 574*

🔷 Co-operative Societies Act – In surcharge proceedings, Registrar can hold individual committee members or officers responsible for mismanagement and loss, provided only those actually in charge during the relevant period are included and each gets a chance to defend 🔷 Constitution of India, Art.226 – In surcharge proceedings under Co-operative Societies Act, High Court should not re-examine disputed facts, as deciding such facts is Registrar’s responsibility 🔷 Co-operative Societies Act, S.2(e) – Law allows individual liability to be fixed on committee members of a Co-operative Society for losses caused during their management *2025 KHC OnLine 1770*

Contempt of Court – Passing a law that appears to contravene a prior Supreme Court order is not contempt by itself; contempt arises only if a competent Court later declares that law unconstitutional *2025 KHC OnLine 7367*

♦️Passports Act - Passport authorities cannot insist on compliance with internal guidelines or Government Orders if those requirements are not found in the Passports Act or Rules; only statutory provisions govern the process for correcting the date of birth in a passport ♦️Passports Act - Correction of date of birth - If it is impossible to comply with a procedural requirement (like correcting service records) because the allowed time has expired, applicant cannot be faulted and the authority cannot insist on such impossible compliance *2025 KHC OnLine 1769*