23/08/2023
Kerala High Court confirms the conviction and sentence imposed on the husband who hanged his wife after striking her with the handle of a spade. The accused contested the case submitting that it is a case of suicide and not homicide. Considering the totality of circumstances and the evidence tendered the Court held that the evidence given by witnesses would indicate that the accused used to pick up quarrels and used to assault the deceased doubting her chastity and evidence tendered by child e...
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Availability of services of a support person in POCSO cases is not merely directory or suggestive-but a legal entitlement. Supreme Court expresses concern over not providing support persons for the victims under POCSO Act despite being envisaged in POCSO Rules; issues directives to form guidelines. Bachpan Bachao Andolan v. Union of India & Ors. Hon’ble Justice S. Ravindra Bhat & Hon’ble Justice Aravind Kumar Decided on 18th August, 2023 For full textclick here
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The effect of a non-speaking order of dismissal of the special leave petition without anything more indicating the grounds or reasons for dismissal by a necessary implication cannot be taken as acceptance of the reasons or the ratio of the judgment under challenge. It is not correct to assume that the Court has implicitly decided all the questions. Experion Developers Private Ltd. v. Himanshu Dewan and Sonali Dewan And Others Hon’ble Justice Sanjiv Khanna, Hon’ble Justice Bela M. T...
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Kerala High Court orders registration of property on equitable grounds. Registrar denied registration of a document due to non fulfillment of a stipulation in a sale deed that a certain amount has to be paid to the brother of the Petitioner before selling the property that was conveyed to the petitioner by his mother. Since the whereabouts of the brother of the Petitioner was unknown for past 30 years and continues to be unknown, direction was issued by Court to register any document in respect...
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Mere retention of property entrusted to a person without any misappropriation cannot fall within the ambit of criminal breach of trust. –– Kerala High Court The Court quashes criminal proceedings initiated against Secretary of the CIAL Air Cargo Loading and Unloading Workers Union for retaining blank cheques entrusted to him for fighting a legal case. It was observed that retaining blank cheques in one’s own possession without dishonestly using or disposing the same will not ...
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