Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 4 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to consider the existence of the presumption of acceptance of illegal gratification under Section 20 of the PC Act, even without direct evidence for the demand for money. The Court relied upon the decisions of the Judicial Committee of the Privy Council in Sheo Swarup v. King Emperor and Nur Mohammed v. King Emperor and other Apex Court decisions and stated that the appellate court has wide power in interfering with orders of acquittals to undo patent errors of law, grave miscarriage of justice, perverse findings of fact, excluding relevant evidence, considering irrelevant evidence etc. The Court also noted that the Special judge failed to ignore the existence of a strong presumption against the accused under Section 20 that acceptance of illegal money can be proved even without direct evidence. In this case, the condition precedent to draw such a legal presumption that the accused has demanded and was paid the bribe money has been proved and established by the incriminating material on record.” The Court analysed the evidence, sequence of events, and circumstances and held that the accused had committed the offences under the PC Act and set aside the order of acquittal passed by the Special Court.

Acceptance Evidence Court Accused Demand Illegal Presumption Proved Section 20 Acquittal Direct Evidence Illegal Gratification Criminal Misconduct Double Presumption  double  favour  evidence  illegal  courts  interfere  kerala  court  acquittal  accused  despite  pc  proved  demand  high  presumption  acceptance  judgments

History of this topic

Periya Double Murder Case: Kerala High Court Suspends Sentence Of Four CPI(M) Activists
Trending News
2 days, 22 hours ago

Periya Double Murder Case: Kerala High Court Suspends Sentence Of Four CPI(M) Activists

Live Law  

The Kerala High Court on Wednesday suspended the sentence of 4 convicts in the Periya double murder case, including the former CPI MLA K. V. Kunhiraman. The Special CBI Court had found the former MLA K. V. Kunhiraman, K. Manikandan, Raghavan Velutholi, K. V. Bhaskaran guilty of offence under Section 225 of IPC and had sentenced them to 5 years …

Kerala High Court Weekly Round-Up: December 30, 2024 - January 05, 2025
5 days, 4 hours ago

Kerala High Court Weekly Round-Up: December 30, 2024 - January 05, 2025

Live Law  

Nominal Index The Kerala State -Ex-Services League State Committee, Thiruvananthapuram v. Commissioner of Central Excise Customs and Service Tax, Trivandrum, 2024 LiveLaw 827 S. Safeer v. Cochin Port Trust, 2024 LiveLaw 828 Alan Benny v Bar Council of Kerala and Another, 2025 LiveLaw 1 Mrs. Suma Sunilkumar v. The State Medical Officer, 2025 LiveLaw 2 Judgments/ Orders This Week Charitable …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
1 week, 3 days ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs
2 weeks ago

'Permitting Trial Would Be An Exercise In Futility': Karnataka High Court Quashes 'Oldest Case' In State After 44 Yrs

Live Law  

“ Therefore, if acquittal is eminent in a trial, permitting such trial against the accused would be nothing but waste of precious judicial time as is observed hereinabove. Thus, ends the oldest case, in the criminal justice system, of the State, perhaps, which is 44 years old.” Justice M Nagaprasanna while allowing the petition by Chadra alias V Chandrashekara Bhat, …

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court
3 weeks, 2 days ago

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court

Live Law  

The Supreme Court recently ruled that a delay condonation application with an appeal against an acquittal cannot be allowed because the prosecution's case is supported by a subsequent change of law. Bhatti heard the criminal appeal filed against the Kerala High Court's decision allowing the State's plea against the appellant's acquittal because a subsequent judgment of the Supreme Court favored …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
3 weeks, 5 days 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 …

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad
4 weeks, 1 day ago

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad

Live Law  

The Kerala High Court on Thursday suspended the sentence of M K Nasar who was convicted to life imprisonment by the Special Court of Trial of NIA Cases for chopping the hands of Professor T J Joseph. While suspending the sentence and granting bail to the accused, the Court observed thus: “The applicant has been undergoing incarceration, at the pre-conviction …

Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants
1 month, 2 weeks ago

Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants

Live Law  

The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason. In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month, 3 weeks 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 …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
2 months ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
2 months ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
3 months, 4 weeks 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
4 months 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 …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
5 months, 1 week ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Kerala High Court Weekly Round-Up: July 16 – July 21, 2024
5 months, 2 weeks ago

Kerala High Court Weekly Round-Up: July 16 – July 21, 2024

Live Law  

Nominal Index Remya Haridas v State of Kerala and Others, 2024 LiveLaw 437 Abdul Razak v Union of India, 2024 LiveLaw 438 Vivek Joy v State of Kerala & Connected Case, 2024 LiveLaw 439 Soman T. N. v Additional District Collector and Others, 2024 LiveLaw 440 Joby George v Siby Valloran, 2024 LiveLaw 441 Sajith Shyam v State of Kerala, …

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

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape
6 months, 2 weeks ago

False Implication For Getting Back Money: Kerala High Court Quashes Criminal Proceedings Against Man Accused Of Rape

Live Law  

The Kerala High Court has held that in exceptional cases, the High Court by invoking its inherent powers under Section 482 of CrPC can even quash even criminal proceedings alleging the commission of an offence of rape under Section 376 of the Indian Penal Code. Therefore, by applying the principle holding the view that, in an exceptional case, even criminal …

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]
9 months, 1 week ago

Kerala High Court Monthly Digest: March 2024 [Citations: 146-210]

Live Law  

Nominal Index Ahammedkutty Bran v Sukumaran 2024 LiveLaw 146 B. v State of Kerala 2024 LiveLaw 147 Manuja Mythri v Advocate T K Ajan 2024 LiveLaw 148 Dr.Navaneeth K.Unni v State Represented By Public Prosecutor 2024 LiveLaw 149 State of Kerala v. Kuniyil Shanoob and ors 2024 LiveLaw 150 Manoj v. State of Kerala 2024 LiveLaw 151 Firos C.A. Kerala …

Kerala High Court Weekly Round-Up: February 19
10 months, 2 weeks ago

Kerala High Court Weekly Round-Up: February 19

Live Law  

Nominal Index Biju V.R @ Biju Vaishyanparambil v Central Film Certification Board 2024 LiveLaw 120 K C Ramachandran v State of Kerala & Connected Matters 2024 LiveLaw 121 Lini v State of Kerala 2024 LiveLaw 122 Arifa PK v. State of Kerala 2024 LiveLaw 123 Kuttiyali v State of Kerala & Connected Matters 2024 LiveLaw 124 Bethsaida Hermitage & Tourism …

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two
10 months, 3 weeks ago

[T P Chandrasekharan Murder] Kerala High Court Upholds Conviction Of Accused, Sets Aside Acquittal Of Two

Live Law  

The Kerala High Court has today confirmed the conviction of the accused in the murder of T P Chandrasekharan under Section 302 and Section 120B. The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Kauser Edappagath while confirming the conviction held thus: “We sustain the conviction Of Anoop, Manoj Kumar @ Kirmani Manoj, N.K.Sunil Kumar @ Kodi Suni, Rajeesh Thondikkandi …

Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case
11 months ago

Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case

Live Law  

The Kerala High Court has granted bail to the relative of Arjun, who was acquitted in the rape and murder of a five-and-a-half-year-old minor girl at Vandiperiyar town in the Idukki district in 2021, accused of attacking the victim's family. "Indisputably, there is a case and counter case registered against the petitioner and the defacto complainant and their family members …

Kerala High Court Weekly Round-Up: January 29- February 4, 2024
11 months ago

Kerala High Court Weekly Round-Up: January 29- February 4, 2024

Live Law  

Nominal Index Venugopal v State of Kerala, 2024 LiveLaw 72 Shree Dhanwantari Chits India Pvt Ltd. v. Banu & ors., 2024 LiveLaw 73 Welfare Association of Kitco Employees & ors v. Kerala Industrial and Technical Consultancy Organization & ors., 2024 LiveLaw 74 XXX v. State of Kerala, 2024 LiveLaw 75 Arifa TK v. The District Collector & ors., 2024 LiveLaw …

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024
11 months, 2 weeks ago

Kerala High Court Weekly Round-Up: January 15 – January 21, 2024

Live Law  

Nominal Index Sabu Varghese v. Viju P. Varghese & Ors., 2024 LiveLaw 42 Dr. Annie Mareena Issac V Employees State Insurance Corporation, 2024 LiveLaw 43 XXX & Ors. Kerala HC Refers To Division Bench Case title: Lekshmi M V Sudhamony Amma Citation: 2024 LiveLaw 45 The Kerala High Court has referred the decision of a single judge in Natarajan T.K. …

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court
11 months, 4 weeks ago

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court

Live Law  

In a recent decision by the Kerala High Court, a single judge bench of Justice Gopinath clarified that “evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the court grants exemption from personal appearance to the accused even of a day”. The court examined Section 273 which states that, “Except …

Kerala High Court Annual Digest 2023: Criminal Law
11 months, 4 weeks ago

Kerala High Court Annual Digest 2023: Criminal Law

Live Law  

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case Case Title: T. A. Abdul Sathar v. The State of Kerala and Ors. v. State of Kerala Citation: 2023 LiveLaw 120 The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused …

Kerala court acquits man in 5-yr-old’s rape-murder case
1 year ago

Kerala court acquits man in 5-yr-old’s rape-murder case

Hindustan Times  

Kochi: A special Pocso court in Idukki district of Kerala on Thursday acquitted a man accused of raping and murdering a five-year-old girl in June 2021. The verdict of the special fast-track court in Kerala acquitting the 21-year-old man in the case has dealt a blow to the prosecution and the police as the incident had triggered outrage back then. …

Correctness Of Valuation, Court Fees To Be Determined Before Commencement Of Trial: Kerala High Court
1 year, 1 month ago

Correctness Of Valuation, Court Fees To Be Determined Before Commencement Of Trial: Kerala High Court

Live Law  

The Kerala High Court recently laid down that when a dispute arises on the correctness of valuation and Court fees to be paid, it ought to be determined after permitting evidence on the same, before the commencement of trial on merits, due to it being a mixed question of fact and law. "If the Sub Court is of the opinion …

Cricketer Sreesanth Moves Kerala High Court For Anticipatory Bail In Cheating Case
1 year, 1 month ago

Cricketer Sreesanth Moves Kerala High Court For Anticipatory Bail In Cheating Case

Live Law  

Indian Cricketer S. Sreesanth has approached Kerala High Court seeking anticipatory bail in a cheating case. asked the State not to take any coercive action against the Cricketer till the next date of posting on November 28, 2023.The prosecution allegation is that two accused persons had made the complainant part. Subsequently, the accused persons informed the complaint that a Cricket …

[Cheque Dishonour] Accused Must Take 'Probable Defence' To Rebut Adverse Presumption U/S 139 NI Act: Karnataka High Court Reiterates
1 year, 1 month ago

[Cheque Dishonour] Accused Must Take 'Probable Defence' To Rebut Adverse Presumption U/S 139 NI Act: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that to rebut the presumption under Section 139 Negotiable Instruments Act that cheque has been issued in discharge of a debt or liability, the accused must raise 'probable defence'. Faced with accused's mere denial regarding the existence of debt, Justice S Rachaiah remarked, “If the defence taken by the accused is not acceptable obviously …

Kerala High Court Weekly Round-Up: November 6 - November 12, 2023
1 year, 1 month ago

Kerala High Court Weekly Round-Up: November 6 - November 12, 2023

Live Law  

Nominal Index Roli Pathak v Union of India 2023 LiveLaw 629 Shibu J v State of Kerala 2023 LiveLaw 630 Mathrubhumi Printing & Publishing Co. Ltd v State of Kerala 2023 LiveLaw 631 XXX & Anr. 2023 LiveLaw 640 Shijo Das v. State of Kerala 2023 LiveLaw 641 Sreeja @Sini v State of Kerala 2023 LiveLaw 642 Raveendranath v. State …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 2 months ago

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 2 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 3 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 Monthly Digest: August 2023 [Citations: 363-440]
1 year, 4 months ago

Kerala High Court Monthly Digest: August 2023 [Citations: 363-440]

Live Law  

Nominal Index S. Surendran v. State of Kerala and K. Sudhakaran v. State of Kerala 2023 LiveLaw 363R.S. 2023 LiveLaw 437 Chandi Samuval V Saimon Samuval 2023 LiveLaw 438 Karthik S Nair V State of Kerala 2023 LiveLaw 439 Zulu Haris v. Union of India & Ors. 2023 LiveLaw 440 Judgments/Orders This Month Monson Mavunkal Case: Kerala High Court Allows …

Kerala High Court Elucidates Mode In Which Accused Must Request Court For Adducing Defence Evidence
1 year, 7 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, 8 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 …

No Allegation Of Any "Demand": Kerala High Court Quashes Proceedings Against Ex-MLA KM Shaji In Plus Two Bribery Case
1 year, 8 months ago

No Allegation Of Any "Demand": Kerala High Court Quashes Proceedings Against Ex-MLA KM Shaji In Plus Two Bribery Case

Live Law  

The Kerala High Court on Thursday quashed the proceedings initiated by the Vigilance and Anti Corruption Bureau against Indian Union Muslim League leader and former MLA K M Shaji, in connection with the plus two bribery case. A single bench of Justice Kauser Edappagath quashed the FIR as it was of the view that no prima facie case was made …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 9 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

Courts Will Not Have Time For Any Other Matter If They Proceed Against Every False Statement Made: Kerala High Court
1 year, 9 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 …

Kerala High Court Quashes Criminal Proceedings Against Transport Minister Antony Raju In Evidence Tampering Case On Technical Grounds
1 year, 10 months ago

Kerala High Court Quashes Criminal Proceedings Against Transport Minister Antony Raju In Evidence Tampering Case On Technical Grounds

Live Law  

Citing technical reasons, the Kerala High Court on Friday quashed the trial court proceedings against Transport Minister of Kerala, Antony Raju in connection with the evidence tampering case against the Minister pending before Judicial First Class Magistrate Court, Nedumangad, in Thiruvananthapuram. However, the single bench of Justice Ziyad Rahman clarified that this would not preclude the competent authority or the …

State Instrumentalities Must Deal With Citizens Fairly: Kerala High Court Orders Release Of Amount Withheld In Excess Of Quantified Loss In Road Project
1 year, 10 months ago

State Instrumentalities Must Deal With Citizens Fairly: Kerala High Court Orders Release Of Amount Withheld In Excess Of Quantified Loss In Road Project

Live Law  

The Kerala High Court recently held that the Government cannot retain any amount in excess of the loss already quantified by it with regard to the amount due to a contractor on the premise of breach of contract.“The State and its instrumentalities are expected to deal with the citizens in a fair manner in all circumstances.”, the court observed in …

Kerala High Court Directs State To Make Immediate Permanent Appointments In Government Law Colleges, Says Faculty Strength Not Being Met
1 year, 10 months ago

Kerala High Court Directs State To Make Immediate Permanent Appointments In Government Law Colleges, Says Faculty Strength Not Being Met

Live Law  

The Kerala High Court recently directed the state government to take immediate steps to create posts and make permanent appointments in Government Law Colleges across the state in order to satisfy the requirements of faculty strength for the academic year 2023- 2024 in accordance with the Rules of Legal Education, 2008 framed by Bar the Council of India and the …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court
1 year, 11 months ago

Principles Of Res Judicata Would Apply To Criminal Proceedings, Reiterates Kerala High Court

Live Law  

The Kerala High Court recently held that principles of res judicata and constructive res judicata would squarely apply not just to civil proceedings but to criminal proceedings as well.Justice A. Badharudeen was hearing a petition filed under Section 482 of the Code of Criminal Procedure, 1973 to quash a complaint pending before Magistrate Court, where she was alleged to have …

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court
1 year, 11 months ago

Attempt To Murder Charge Cannot Be Quashed Merely On Settlement Between Parties If Prima Facie Possibility Of Conviction Is Strong: Kerala High Court

Live Law  

The Kerala High Court recently refused to quash an FIR against a man accused of attempt to murder under Section 307 of the Indian Penal Code, 1860 despite the dispute being settled between the accused and the de facto complainant. The first petition was for quashing the FIR filed against him and the second petition was to quash the order …

Courts Should Make Careful Study To Ascertain Similarities When Comparing Disputed Handwritings, Signatures With Admitted Documents: Kerala HC
1 year, 11 months ago

Courts Should Make Careful Study To Ascertain Similarities When Comparing Disputed Handwritings, Signatures With Admitted Documents: Kerala HC

Live Law  

The Kerala High Court in a significant judgment held that where the Court is constrained to undertake the responsibility of comparing the disputed writing or signature with the admitted handwriting or signature, it shall make a careful study, of the same with the assistance of counsel, to ascertain the similarities and dissimilarities, and not merely a casual or routine glance. …

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court
1 year, 11 months ago

S. 378 CrPC | Right To Appeal Against Acquittal Should Be Used By The State Sparingly: Orissa High Court

Live Law  

The Orissa High Court has advised the State to exercise its right to appeal against acquittal, as provided under Section 378 of the Code of Criminal Procedure, sparingly and with circumspection. While denying the leave to prefer an appeal, the Single Judge Bench of Justice Sangam Kumar Sahoo remarked, “The right of appeal against acquittal vested in the State Government …

High Court Quashes Proceedings Under Kerala Prevention Of Damage To Private Property Act Based On Settlement Between Parties
1 year, 11 months ago

High Court Quashes Proceedings Under Kerala Prevention Of Damage To Private Property Act Based On Settlement Between Parties

Live Law  

The Kerala High Court on Friday quashed the proceedings under Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 based on the settlement arrived at between the parties. It observed, "The Apex Court in Gian Singh v. State of Punjab, Narinder Singh & Ors. has held that the High Court by invoking S.482 of Cr.P.C can …

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case
2 years ago

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case

Live Law  

The Kerala High Court recently observed that a finding on the veracity of the material in a case where the allegations levelled by the prosecution disclose a cognizable offence, is not a consideration for the High Court while exercising its power under Section 482 CrPC to quash a criminal proceeding. A finding on the veracity of a material relied on …

Discover Related