02/09/2024
When an appeal is not summarily dismissed under Section 384 of Cr.P.C and the appellate court admits the appeal, the same cannot be dismissed for nonrepresentation or non-prosecution without adverting to the merits of the appeal. — Kerala High Court 2024 KLT OnLine 2181 Hon’ble Mr. Justice A. Badharudeen Anil v. State of Kerala Decided on 29th August, 2024 For Petitioner : Advs. T.U. Sujith Kumar & Winston K.V. For Respondent : Adv. M.P. Prasanth (Government Pleader) Reported ...
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A person aggrieved by an order of the Sessions Court under Section 29 of the DV Act can prefer a criminal revision petition whereas resort to Article 227 is almost an absolute bar. — Kerala High Court 2024 KLT OnLine 2191 Hon’ble Mr. Justice Bechu Kurian Thomas Kunjumon v. State of Kerala Decided on 5th August, 2024 For Petitioner : Advs. Shaji Chirayath,Raju Joseph,Jiji M. Varkey,M.K.Safeela Beevi,Savitha Ganapathiyata & M.M.Shajahan For Respondents : Advs. Vivek Venugopal (A...
view more31/08/2024
Presumption of innocence is not just a legal principle but a fundamental human right. Kerala High Court sets aside the conviction and sentence of an accused pointing out the lapses in investigation and emphasised that a fair trial for the accused, a constitutional guarantee under Article 21 of the Constitution, becomes meaningless if the investigation in a murder case raises serious concerns about its fairness. 2024 KLT OnLine 2177 Hon’ble Mr. Justice Raja Vijayaraghavan V. & Hon&rs...
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An accused punished under Section 302 IPC, cannot be awarded separate punishment under Section 324 IPC as an offence of murder takes within its sweep the ingredients of the offence of causing hurt to the deceased. – Kerala High Court reiterates 2024 KLT OnLine 2179 Hon’ble Mr. Justice P.B. Suresh Kumar & Hon’ble Mr. Justice C. Pratheep Kumar Ragesh v. State of Kerala Decided on 30th August, 2024 For Petitioner : Advs. Godwin Joseph, Arun Babu B., Naveen.R, Sajeev K.M., Sh...
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Sanctity of the evidence pertaining to dying declaration cannot be said to have been lost for the sole reason that there were subtle difference in the evidence adduced by the witnesses with regard to the language in which the last words were spoken by the deceased, if the meaning conveyed by those words is one and the same. 2024 KLT OnLine 2178 Nagaratnam v. State of Kerala Hon’ble Mr. Justice Raja Vijayaraghavan V. & Hon’ble Mr. Justice G. Girish Decided on 30th August, 2024 F...
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