Accused's failure to explain incriminating circumstances adds up an additional link in the chain of circumstances to make it complete. Kerala High Court upholds the conviction of a husband alleged of murdering wife who failed to offer any explanation how the wife received injuries. 2024 KLT OnLine 2240 Jayan @ Jayakumar v. State of Kerala Hon’ble Mr. Justice Raja Vijayaraghavan, V. & Hon’ble Mr. Justice G.Girish Decided on 9th September, 2024 For Appellant : Advs. K.K.Dhee...

When a particular forum is provided by the statute, that forum alone could decide. Suit regarding liability of a registered owner who sold the vehicle to pay tax arrears cannot be maintained in a civil court as its jurisdiction is impliedly barred under Kerala Motor Vehicles Taxation Act, 1976. 2024 KLT OnLine 2241 State of Kerala v. Sahadevan Hon’ble Mr. Justice Sathish Ninan & Hon’ble Mr. Justice Johnson John Decided on 9thSeptember, 2024 For Petitioners : Adv. Mohammed Rafe...

Mere production of passport belonging to another person is not forgery either under the Indian Penal Code or under the Passports Act. Kerala High Court quashes proceeding under S.14A of Foreigners Act where four foreign nationals had entered India with a valid passport and visa but overstayed beyond the period permitted. 2024 KLT OnLine 2239 Hon’ble Mr. Justice Bechu Kurian Thomas Egadwa Mercy Adamba v. State of Kerala Decided on 9thSeptember, 2024 For Petitioner : Adv. Aneesh K.R For...

Can Kerala Real Estate Regulatory Authority initiate suo motu proceedings when a real estate project is not registered? Kerala High Court answers in affirmative The Court found that there is no separate procedure is prescribed for adjudicating the question as to the registration of real estate projects under S.3, and for adjudicating the imposition of penalty under S.59. Therefore expounded the law in the following words “the K-RERA is free to adopt a procedure of its own in full complia...

Whether the Execution Court had jurisdiction to deal with the application(s) for (a) recission of contract and (b) extension of time to deposit the balance sale consideration? By virtue of Section 37 of the CPC, the Execution Court being the Court of first instance with reference to the suit in which the decree was passed had jurisdiction to deal with the application under Section 28 of the 1963 Act. We, therefore, reject the objection as regards jurisdiction of the Execution Court to deal wit...