[S. 203 Cr.P.C.] While dismissing a complaint the Magistrate can take into consideration inherent improbabilities appearing on the face of the complaint or in the evidence led by the complainant in support of the allegations. Kerala High Court, in exercise of its revisional powers, upholds the decision of the Magistrate Court to dismiss a complaint under Section 203 Cr. P.C. on the grounds that the latter was not perverse or untenable in law due to the fact that the Magistrate Court had gone th...

Properties belonging to school cannot be mortgaged without obtaining permission from the authorities as per provisions under Kerala Education Act – Kerala High Court. The 5th respondent who is an Educational Agency without giving a mandate in Rule 1 of Chapter X and without obtaining permission from the authorities, and Section 6 of the Kerala Education Act, has mortgaged the properties of the School, describing it as residential properties, even though it belongs to the School and lying ...

A delinquent should be informed specifically about the imputations against him and the Statement of Allegations should be capable of disclosing what exactly has been alleged against him/her. High Court allows Writ Petition filed by the General Manager of the Pharmaceutical Corporation Kerala Ltd assailing Memo of Charges issued by the Corporation, imputing certain instances of misconduct and misdemeanor against him and also the subsequent order of suspension. The court on finding that there ar...

Speedy investigations and trial are constitutional protection enshrined in Article 21 of the Constitution.-Kerala High court reiterates Twelve year old FIR against the husband was quashed by High Court as the parties have settled their entire disputes long ago. High Court held, that further continuation of prosecution against the petitioner will only result in an abuse of the process of law. Greik Xavier v. Sub Inspector of Police & Ors. Hon'ble Mr. Justice K. Babu Decided on August 25,...

For recalling a witness there has to be a strong and valid reason and it should not prejudice the accused. – Kerala High Court The Judicial First Class Magistrate Court, Chalakudy allowed the prosecution application to recall the only occurrence witness, who is the defacto complainant, to identify the Accused No 2 in a chain snatching case. High Court on appeal by the Accused No 2 reversed the order of Magistrate on the grounds that serious prejudice will be caused to the accused if the w...