An arbitrary or unsubstantiated suspicion by itself cannot be a reason to convict an accused under Section 53A of Police Act. — Kerala High Court Petitioner was found in possession of a quinary idol and since he did not possess any document to prove his ownership of the idol he was charged with the offence under Section 53A of the Police Act for keeping in possession stolen property or property that could not be accounted for. However, till date, no one has complained of loss of any idol...

Minor victims under POCSO Act cannot file an application directly to the DLSA or KeLSA seeking compensation. They can claim compensation only on the recommendation or direction from the Special Court – Kerala High Court XXXXXXX v. State of Kerala Hon’ble Dr. Justice Kauser Edappagath Decided on 16th August, 2023 For Petitioner : Advs. Ramesh .P & Fathima Nargis K.A For Respondent : Advs. Roshen D. Alexander D, Tina Alex Thomas, Harimohan, Kochurani James , Sri.P Narayanan (Addl...

Strict implementation of the provisions of section 37 of the NDPS Act is the need of the hour, and any relaxation thereon will have serious and irreparable ramifications – Kerala High Court. Nandakumar v. State of Kerala Hon’ble Justice Ziyad Rahman A.A. Decided on 3rd August, 2023 For Petitioner : Adv. Nireesh Mathew For Respondent : Adv. C.S.Hrithwik-(SR.PP) For full textclick here

A party who is aggrieved by the inaction on the part of the court in initiating action for giving false evidence, can only move such court with an application under Section 340(1) CrPC and cannot move jurisdictional Magistrate Court directly with a private complaint. Kerala High Court sets aside the order passed in favour of a wife who preferred a private complaint against husband for giving false evidence in Family Court. Wife was given liberty to approach Family Court for relief. Sajith.N.K ...

Candidates who have been selected nearly six years ago cannot be unseated as same would be against public interest. Supreme Court in Kerala Higher Judicial Service Examination case Petitioners challenged the minimum cut-off marks for the viva voce for selection of candidates as contrary to Kerala State Higher Judicial Services Special Rules 1961. Apex Court held that an individual who claims a benefit or entitlement based on the doctrine of substantive legitimate expectation has to establish t...