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Hot Off The Press News

Former Supreme Court Justice Madan B. Lokur appointed as Chairperson of UN Internal Justice Council

Retired Justice Madan Bhimrao Lokur served as a Supreme Court judge from 2012 to 2018.

Case Briefs High Courts

‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case

“It is a well-accepted principle that bail is the rule and jail is the exception.”

Case Briefs High Courts

Kerala High Court holds Charitable Society Members running Nazareth Pharmacy College to be ‘public servants’ under Prevention of Corruption Act, 1988

“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”

Case Briefs High Courts

Kerala HC expands Nodal Officer’s jurisdiction to receive & forward complaints of Malayalam film industry victims not presented before Justice Hema Committee

A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.

Case Briefs High Courts

Kerala HC rejects appeal for Late CPI(M) leader M.M. Lawrence’s religious burial; Upholds body donation to medical college

“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”

Case Briefs High Courts

Kerala HC quashes defamation proceedings against Ex-MP Sebastian Paul for comparing lawyers to street dogs

The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.

Case Briefs High Courts

“Merely passing lengthy orders, only to fill up the pages, will not mean an order on application of mind”: Karnataka High Court

“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”

Legislation Updates Rules & Regulations

SEBI modifies qualifications required for research analysts seeking registration: SEBI (Research Analyst) (Third Amendment) Regulations, 2024

Research analysts will now have to disclose the extent of use of AI in providing research services to their client.

Case Briefs High Courts

‘Frivolous application filed for delaying disposal’: Kerala HC rejects actor Sunil’s plea to recall two expert witnesses for cross examination in 2017 actor assault case

“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”

Case Briefs High Courts

Is a government servant entitled to full pay and allowances during suspension until the conclusion of disciplinary proceedings? Kerala HC answers

“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”

Case Briefs High Courts

‘No law fixes responsibility on officers to verify age of arrestees’: Kerala HC issues directions to prevent mistaken trial of juveniles as adults

“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”

Case Briefs High Courts

Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: Kerala High Court refuses to quash POCSO case

“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”

Case Briefs High Courts

Read why Kerala HC suspended MK Nasar’s life sentence in 2010 Prof. TJ Joseph’s hand-chopping case

“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”

High Court Round Up Legal RoundUp

HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Balachandra Menon’s bail; Trade mark of Jack Daniels; Bhopal Gas Tragedy Cleanup; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws

“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”

Case Briefs High Courts

Kerala High Court quashes domestic violence case filed by mother-in-law against parents of daughter-in-law for lack of domestic relationship

“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.

Case Briefs High Courts

‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case

“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”

Case Briefs High Courts

‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court

‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’

Case Briefs High Courts

Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Kerala HC directs Magistrate to reconsider DBS Bank application to register FIR

“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”

Case Briefs High Courts

Writ petition against administrative authority cannot be dismissed as ‘non-maintainable’ merely on ground of existence of alternative remedy: Kerala HC

There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.