17/08/2023
A proceeding initiated under the D.V. Act before a Judicial Magistrate of the First Class cannot be transferred to a Family Court. — Kerala High Court A female in a living-in-relationship may also file an application under Section 12 of the Domestic Violence Act. Kerala High Court held that since a Family Court is empowered to entertain only disputes between the parties to a marriage, a transfer of proceedings initiated under DV Act to Family Court cannot be entertained. Vineet Ganesh v....
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When there is a pending disciplinary proceeding an unauthorised absentee from service cannot be allowed to rejoin the service. Sreelatha. P.T v. State of Kerala Hon’ble Justice Viju Abraham Decided on 25th July, 2023 For Appellant : Adv. Murali Pallath For Respondent : Adv. M. Sasindran & Sr.GP (Sunilkumar Kuriakose) For full textclick here
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A de novo trial or retrial of the accused should be ordered by the appellate court only in exceptional and rare cases, and the guiding factor should be demand for justice. — Kerala High Court G. Chandrabhanu v. State of Kerala Hon’ble Dr. Justice Kauser Edappagath Decided on 2nd August, 2023 For Petitioner : Adv. S. Sreedev, Enoch David Simon Joel & Rony Jose For Respondent : Advs. S. Rekha (Sr. PP) & A. Rajesh (Spl. PP) For full textclick here
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Disclosure statements per se, unaccompanied by any supporting evidence, inadequate to secure a conviction. –– Supreme Court Supreme Court explained that although disclosure statements hold significance as a contributing factor in unriddling a case, they are not so strong a piece of evidence sufficient on its own and without anything more to bring home the charges beyond reasonable doubt. The accused charged with dishonestly receiving stolen property was acquitted by the Court as th...
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[Day 6] Article 370 Abrogation Live watch Supreme Court proceedings at : "CLICK HERE"
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