Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution
6 months, 1 week ago

Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution

Live Law  

The Kerala High Court has held that the accused has a right to access all materials which was gathered during investigation, irrespective of whether the prosecution seeks to rely upon the same. It said the accused has a right of fair trial under Article 21 of the Constitution and thus, he should have the right to access even those materials gathered during investigation that are not relied upon by the prosecution as the 'ultimate purpose of a criminal trial is to unearth the truth.' The Supreme Court in that case had held that in the trial stage, after the charges are framed, court can give an opportunity to the accused to avail this right. The Amendment to Rule 19 was incorporated after the Supreme Court issued direction to all the High Court to incorporate provisions of Draft Criminal Rules, 2021 to bring clarity and uniformity in the Criminal Rules of Practice which were formulated by the respective High Courts.

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History of this topic

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC
1 week, 6 days ago

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

Live Law  

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner. Court said, “While analysing the question of law as to whether an accused has an absolute right to seek for further investigation, in fact, …

Political Parties Must 'Finish' Opponents On Electoral Battlefield, Norm Of Attacking Rivals Must Be Strictly Dealt With: Kerala High Court
1 month ago

Political Parties Must 'Finish' Opponents On Electoral Battlefield, Norm Of Attacking Rivals Must Be Strictly Dealt With: Kerala High Court

Live Law  

The Kerala High Court has increased the fine amount from rupees 25,000 to 50,000 for eight CPI leaders and workers who attacked C.Sadanandan Master, which led to the amputation of his legs. Political parties have to deal with or finish their political opponents in the electoral battlefield and not engage in bloodshed and remove the opponents from the face of …

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju
1 month, 3 weeks ago

Journalist Approaches Kerala HC Seeking Appointment Of Special Public Prosecutor In Evidence Tampering Case Against MLA Antony Raju

Live Law  

Editor-in-Chief of Madhyama Syndicate News Channel Anil K Emmanuel has approached Kerala High Court to appoint a Special Prosecutor in a criminal case initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990. The petitioner added that he had also filed an …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
3 months ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
4 months ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
6 months, 1 week ago

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Live Law  

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. The Counsel for the complainant said that in Section 23, the words “any person” which signifies that the provision is not just applicable to the media persons but any other person …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
6 months, 1 week ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses
7 months, 2 weeks ago

The Doctrine Of Per Incuriam In Indian Jurisprudence: Implications And Judicial Responses

Live Law  

The Indian higher judiciary, represented by the Supreme Court and High Courts, plays a crucial role in adjudicating and interpreting laws within the country's legal framework. 26: Judgment and Orders: Judicial Decisions as Authorities per incuriam has been elucidated as under: “A decision is given per incuriam when the court has acted in ignorance of a previous decision of its …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
8 months, 1 week ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court
1 year, 5 months ago

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court

Live Law  

The Kerala High Court recently held that a trial judge cannot wait until conclusion of trial to decide if the plaint has to be rejected, and added that such decision should be made solely on an assessment of the plaint under Order VII Rule 11 CPC. Justice Devan Ramachandran observed that Trial judge waiting for rejecting the plaint until trial …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 5 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

Kerala High Court Elucidates Mode In Which Accused Must Request Court For Adducing Defence Evidence
1 year, 9 months ago

Kerala High Court Elucidates Mode In Which Accused Must Request Court For Adducing Defence Evidence

Live Law  

The Kerala High Court recently addressed the question as to the mode in which an accused ought to request the Court for adducing the defence evidence. The Sessions Judge however rejected the request of the petitioner on the technical ground that an application under Section 233 Cr.P.C. After perusing Sections 233 and 233 in this regard, the Court was of …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 10 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 11 months ago

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court

Live Law  

The Kerala High Court recently held that before initiating prosecution for perjury, the court must be convinced that it is expedient in the interest of justice to enquire into the offence. Sudha observed that : “in order to initiate prosecution for perjury, the Court must prima facie reach a conclusion that there has been a deliberate and conscious effort to …

Right To Be Forgotten | Kerala High Court Says Legislature Alone Competent To Enumerate Grounds But Till Then Courts Can Decide On Case-To-Case Basis
2 years, 2 months ago

Right To Be Forgotten | Kerala High Court Says Legislature Alone Competent To Enumerate Grounds But Till Then Courts Can Decide On Case-To-Case Basis

Live Law  

Observing that legislature alone is competent to enumerate grounds for claiming right to be forgotten and carve out exceptions to the claims of such a right, the Kerala High Court on Thursday said in the absence of legislation, the court may have to recognise the right and direct removal of such content available online on a case-to-case basis.The division bench …

Supreme Court quashes Kerala HC order granting anticipatory bail to Nambi Narayanan case accused
2 years, 3 months ago

Supreme Court quashes Kerala HC order granting anticipatory bail to Nambi Narayanan case accused

The Hindu  

The Supreme Court on Friday, December 2, 2022, quashed the anticipatory bail granted by the Kerala High Court to former police and intelligence officers, including retired Kerala Director General of Police Siby Mathews, accused of being part of a conspiracy to frame ISRO scientist Nambi Narayanan in an espionage case in 1994. Ravikumar on the Bench, protected the accused, provided …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 3 months ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

Kerala High Court Stays All Proceedings Against Minister Antony Raju In Evidence Tampering Case
2 years, 7 months ago

Kerala High Court Stays All Proceedings Against Minister Antony Raju In Evidence Tampering Case

Live Law  

The Kerala High Court on Wednesday stayed all the proceedings of the lower court pending against Transport Minister Antony Raju in the evidence tampering case for a period of one month.While admitting the plea, Justice Ziyad Rahman A A observed that the offences alleged against the petitioner could only be prosecuted on the basis of a complaint by the concerned …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 9 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 3 months ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

Supreme Court Stays Kerala HC Order Allowing Trial Court Enquiry Against ED Officials Over Alleged Fabrication Of Evidence In Gold Smuggling Case
3 years, 4 months ago

Supreme Court Stays Kerala HC Order Allowing Trial Court Enquiry Against ED Officials Over Alleged Fabrication Of Evidence In Gold Smuggling Case

Live Law  

The Supreme Court on Thursday stayed the Kerala High Court order allowing the trial court to inquire if the ED investigating officers tried to fabricate evidence in the gold smuggling case. The bench of Justices A. M. Khanwilkar, Dinesh Maheshwari and C. T. Ravikumar was hearing ED's SLP against the April order of a Single Judge of the Kerala High …

Can A Categorical, Wilful Admission Made In The Pleadings Be Struck Down By Filing Amendment Application? Kerala High Court Answers
3 years, 5 months ago

Can A Categorical, Wilful Admission Made In The Pleadings Be Struck Down By Filing Amendment Application? Kerala High Court Answers

Live Law  

The Kerala High Court recently held that a categorical or wilful admission made in the pleadings cannot be permitted to be withdrawn by way of amendment if such withdrawal would amount to totally displacing the case of the plaintiff and would cause him irreparable prejudice.Justice Badharudheen while dismissing a petition remarked:".if the amendment sought for is to strike down a …

'Trials In Our Country Take Ages To Complete': Kerala High Court Frames Guidelines For Issuing Passports To Accused In Criminal Cases
3 years, 5 months ago

'Trials In Our Country Take Ages To Complete': Kerala High Court Frames Guidelines For Issuing Passports To Accused In Criminal Cases

Live Law  

In a significant ruling, the Kerala High Court on Thursday drew up a set of guidelines to be considered by criminal courts while granting permission for the issuance of passports to individuals involved in criminal proceedings.Justice Bechu Kurian Thomas while disposing of a petition filed by a man who was awaiting issuance of a new passport for the past 5 …

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court
3 years, 5 months ago

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court has held that a compromise of marriage between the parties is not a ground to quash the criminal proceedings against the accused under the provisions of POCSO.Justice V. Shircy while dismissing a petition under Section 482 of the Code of Criminal Procedure, remarked:"Rape is not only a very serious and inhumane offence …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 7 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

Permission Of Court For Further Investigation Not Mandatory, But Seeking It A Well-Accepted Legal Practice: Kerala High Court
4 years ago

Permission Of Court For Further Investigation Not Mandatory, But Seeking It A Well-Accepted Legal Practice: Kerala High Court

Live Law  

While deciding a criminal revision petition on Tuesday, the Kerala High Court was tasked with whether court permissions were mandatory when seeking further investigation and whether material necessarily had to be collected before such investigation was instituted. Elaborating on this theme, the Court pointed out that the Kerala High Court in Abdul Latheef v. State of Kerala had opined that …

Trial Judges Do Not Have Absolute Discretion To Prune Or Reject List Of Witnesses Submitted By Accused: Kerala High Court
4 years, 2 months ago

Trial Judges Do Not Have Absolute Discretion To Prune Or Reject List Of Witnesses Submitted By Accused: Kerala High Court

Live Law  

The trial Judges do not have absolute discretion to prune or reject the list of witnesses submitted by the accused, the Kerala High Court observed in a judgment delivered on Monday.Justice VG Arun observed that the trial court is empowered to interfere with only when the court is convinced that the application seeking issuance of summons is submitted for the …

Kerala High Court dismisses plea for CBI probe in Walayar rape case
5 years, 4 months ago

Kerala High Court dismisses plea for CBI probe in Walayar rape case

Op India  

A division bench of the Kerala High Court on Friday dismissed a plea seeking a probe by the Central Bureau of Investigation into the case of two minor Dalit sisters who were raped and killed at Walayar in Palakkad in 2017. The petition, seeking CBI probe into the rape case, was filed in the Kerala High Court by a Thrissur-based …

Kerala HC Refuses Sessions Judge’s Plea To Expunge Critical Remarks Made Against His Approach To Criminal Trial [Read Judgment]
7 years, 11 months ago

Kerala HC Refuses Sessions Judge’s Plea To Expunge Critical Remarks Made Against His Approach To Criminal Trial [Read Judgment]

Live Law  

“None of those observations shall stand in the way of career progression of the judge in any manner,” the bench clarified.A division bench of Kerala High Court has refused a judge’s plea to expunge certain remarks made in a judgment in which some critical observations were made against him, though it clarified that none of those observations shall stand in …

Kerala HC Refuses Sessions Judge’s Plea To Expunge Critical Remarks Made Against His Approach To Criminal Trial [Read Judgment]
7 years, 11 months ago

Kerala HC Refuses Sessions Judge’s Plea To Expunge Critical Remarks Made Against His Approach To Criminal Trial [Read Judgment]

Live Law  

“None of those observations shall stand in the way of career progression of the judge in any manner,” the bench clarified.A division bench of Kerala High Court has refused a judge’s plea to expunge certain remarks made in a judgment in which some critical observations were made against him, though it clarified that none of those observations shall stand in …

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