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Showing posts with label kerala high court. Show all posts
Showing posts with label kerala high court. Show all posts
Sunday, 2 August 2026

Kerala HC explains the concept of evident advantage to the ward under Guardian and wards Act

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Family - Permission to alienate property - Petition filed under Section 29 of the Guardians and Wards Act, 1890 for permission to alienate t...
Thursday, 18 June 2026

Kerala HC Summarises law on liability of parents and Guardian of minor in case of rash driving by minor

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 Since the issues raised in these petitions are seminal in nature, the following propositions are culled out from the above discussion for a...
Wednesday, 27 May 2026

Kerala HC: Manner Of Attack & Injury Relevant To Ascertain If Accused Intentionally Attempted To Commit Murder U/S 307 of IPC

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It is the well settled law that, in order to attract the offence under Section 307 of IPC, there must be an intentional attempt to commit mu...
Thursday, 20 November 2025

Kerala HC: Whether Motor accident claim tribunal can dismiss claim petition for default/non prosecution?

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  Where the Tribunal is genuinely satisfied that there are contumacious laches on the part of the claimants in prosecuting their claims and ...
Saturday, 25 October 2025

Kerala HC: Accused Exempted From Personal Appearance including accused residing abroad Can Answer Questions Virtually Or In Writing as per S.351 BNSS

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 In Basavaraj R.Patil and others v. State of Karnataka and others [(2000) 8 SCC 740], while considering the question whether the accused can...

Kerala HC: Information Given By One Accused Leading To Discovery Can't Be Used To Connect All Accused U/ S.27 Evidence Act

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 The records show that the prosecution is heavily relying upon the recovery effected, based upon the confession given by the accused to rope...

Kerala HC: Accused can not be convicted only on the basis of disclosure and recovery evidence U/S 27 of Evidence Act

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 Be that as it may, it is further to be seen that the conviction of the accused is solely based upon the recovery evidence alone and nothing...

Kerala HC: Period Of Release On Interim Bail Not To Be Computed As 'Detention Period' For Granting Statutory Bail U/ S.187 BNSS

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  In the present case, the petitioner remained in detention at the first instance from 18.02.2025 till 24.05.2025 (96 days), and at the seco...
Saturday, 4 October 2025

Kerala HC: Wife Cannot File Writ Petition On Behalf Of Husband Without Valid Power Of Attorney

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Thus, it is evident from the provisions of Order III of the CPC that an appearance, application or act in or to any Court which is required ...

Kerala HC: [S.50 MV Act] Registered Owner Of Offending Vehicle Liable To Compensate For Accident, Can Recover Amount From Transferee

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Section 50 of the Act deals with the procedure for  transfer of ownership. It is an admitted fact that the ownership  was not transferred an...
Sunday, 24 August 2025

Kerala HC: Wife can claim maintenance after divorce despite prior compromise agreement if she is unable to maintain herself

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Apparently, Ext.B2 was executed in the year 2004, and the claim for maintenance was raised only in the year 2012. Thus, without much discuss...
Saturday, 23 August 2025

Ker HC : Claim filed under MV Act withdrawn after interim award – subsequent proceedings under Workmen’s Compensation Act not barred

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We are of the opinion that merely for the reason that earlier the claimants have proceeded under the MV Act and later, withdrew the said pro...
Friday, 22 August 2025

Kerala HC: Appellate courts U/S 29 of Domestic Violence Act have the power to pass interim protective orders

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  It is true that, as per Section 28 of the DV Act, all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under section ...
Sunday, 13 July 2025

Kerala HC: What conditions the court should impose for releasing accused found in possession of intermediate quantity of contraband?

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Admittedly, the quantity involved is 'intermediate' as per the relevant notifications. {Para8} 9. Accused Nos. 1 and 3 were ordered ...

Kerala HC: Police Cannot Attach Bank Account Under S.107 BNSS Without Magistrate's Approval

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  IRAC Analysis of Kerala High Court Judgment (Crl.M.C.No.3740/2025, Order dated 02.06.2025) With Emphasis on the Concept of "Proceed...

Kerala HC: What conditions the court should impose while releasing accused on Anticipatory bail?

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 Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is a...

Kerala HC: Under which circumstances prime facie case for offence under NDPS Act is made out against accused even if no contraband is seized from his possession

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  The offences alleged against the petitioner include the offence under Section 29 of the NDPS Act. Section 29 of the NDPS Act reads as foll...
Thursday, 3 July 2025

Kerala HC: Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners

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Therefore, the benefit of the first proviso to sub section (1) has only been given to the under-trial prisoners with retrospective effect an...

Kerala HC: As per S.349 of BNSS, Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation

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Similarly, no legal requirement can be read into the declaration of law made in Ritesh Sinha (supra), or for that matter Section 349 of the...
Wednesday, 2 July 2025

Can police refuse to lodge FIR on email complaint from abroad? Kerala High Court answers

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 The Kerala High Court, in the case YYYY v State of Kerala & Ors , delivered a significant judgment clarifying the obligations of the po...