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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.
“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.”
“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.”
“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.”
“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.”
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.
The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.
“The nature and location of the injuries inflicted, the choice of weapon, and the circumstances of the attack unequivocally establish the liability of the convict for causing the death of the deceased.”
Kerala High Court was reviewing the steps and action plans proposed by the Travancore Devaswom Board, the State Government, and the police to ensure the safety and security of pilgrims at Sabarimala.
Kerala High Court instructed the Hospital to preserve all relevant blood samples and tissues to facilitate further medical tests, ensuring that the necessary forensic evidence is available for the ongoing legal proceedings.
“Now, the conscientious are not occupying the chair of the Church administration. Hence, the Church properties are being swindled by the administrators against the tenets of the Bible.”
“This case and the orders that we have been called upon to issue from time to time regarding captive elephants lead us to conclude that the life of an elephant in captivity is an ‘Eternal Treblinka’.”
“Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and not the rule.”
Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.
Antony Raju is an Indian politician who served as the Minister for Road Transport, Motor Vehicles, and Water Transport in the Government of Kerala until 24-12-2023. He is the leader of Janadhipathya Kerala Congress and was elected to the Kerala Legislative Assembly from the Thiruvananthapuram constituency in the 2021 elections.
“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”
A quick legal roundup to cover important stories from all High Courts this week.
“When an application is filed under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Magistrate is expected to consider and pass an order as provided under Section 3(3) of the Act. There is no provision in the Statute enabling the party aggrieved by that order to prefer an appeal”
“As per settled scientific studies and assessments, postpartum depression is rather common in some women and that this is not a situation that will continue forever, but most of the time being temporary, for a short duration”
The actress alleged that the Sreekumar, through Facebook and over phone, abused her in a manner causing disrepute to her and outraged her modesty.