Family Court can review maintenance enforcement Order passed in execution proceedings under S. 128 Cr.PC and the embargo under S. 362 Cr. PC will not apply. Kerala High Court expanded the power of Family Court to review its own order u/s 128 and stated that the power applies to the entire chapter IX of Cr.PC. The current proceedings were initiated by the husband challenging the decision of Family Court to review its order passed in execution proceedings on finding a mistake committed by treati...

New Bills to replace IPC, CrPC and Indian Evidence Act introduced in Parliament with an objective to reform criminal justice delivery system. Provisions relating to sedition will be repealed . The Bharatiya Sakshya Bill, 2023 For full textclick here The Bharatiya Nagarik Suraksha Sanhita, 2023 For full textclick here The Bharatiya Nyaya Sanhita, 2023 For full textclick here

Revenue certificate need not be denied for the reason that the land is part of exempted land under the Kerala Land Reforms Act, 1963 or on the ground that no permission has been obtained to convert land under the provisions of the Kerala Land Utilisation Order, 1967. –– Kerala High Court Wayanad Granites v. District Collector Hon’ble Justice Gopinath P. Decided on 10th August, 2023 For Petitioner : Advs. Enoch David Simon Joel, S. Sreedev, Rony Jose, Leo Lukose, Karol Mathews ...

If the FIR fails to disclose commission of any offence then the Court should not decline to quash the criminal case only on the ground that the accused is a history sheeter. – Supreme Court The Apex Court was dealing with an appeal wherein the High Court declined to quash the FIR with regard to the offences of dacoity, criminal intimidation, intentional insult alleged to have been committed by the appellant. With no offences having been made out the criminal proceedings were quashed by th...

The High Court reiterated the principles of the exemptions under section 300 of IPC in a case where the accused had murdered his son with an intention to kill as revenge after a scuffle. The court stated that where on a sudden quarrel a person in the heat of the moment picks up a weapon which is handy and causes injuries, one of which proves fatal, he would be entitled to the benefit of this exemption provided he has not acted cruelly. Shaju v. State of Kerala Hon’ble Justice P.B. Suresh...