No need to implead legal heirs of the deceased original plaintiff separately as counter claim defendants.: Kerala HC explains that when the original plaintiff passed away and legal heirs were brought on record by impleadment as supplementary plaintiffs, they would stand stepped into the shoes of the original plaintiff and necessarily would acquire the character of defendants as against the counter claim raised. Sholly Lookose v. V.I. Joseph Hon’ble Justice P. Somarajan Decided on 3rd Jul...

Litigation initiated by the wife for the vindication of her rights, i.e., to protect her property rights and her custody of her son, is not mental cruelty. — Madras High Court Chandra v Selvaraj Hon’ble Justice R.Vijayakumar Decided on July 12, 2023 For full textclick here

Even if one of the parent belonging to Scheduled Caste/Scheduled Tribe community, the child is entitled for the benefit of the said community, and the crucial aspect to be considered is as to whether the claimant has suffered disability socially, economically and educationally: Kerala High Court in a WP filed to determine caste status of person born out of an inter-caste marriage who follows matrilineal caste Rebeka Mathai v. State of Kerala & Ors. Hon’ble Justice Viju Abraham Decide...

Kerala High Court reasons that the proceedings before the Juvenile Justice Board are controlled by Cr.P.C, and therefore, the Criminal Rules of Practice are applicable to the Juvenile Justice Board. And under Criminal Rules of Practice it does not mandate maintenance of a 'B' Diary by the Criminal Courts. Elsamma v. State Of Kerala Hon’ble Justice K. Babu Decided on 30th May, 2023 For Petitioner : Adv. Nireesh Mathew For Respondent : G.Sudheer (Public Prosecutor) For full textcli...

A second complaint after refer report is filed will lie only if there was any manifest error or miscarriage of justice in the previous order.: Kerala HC held Magistrate must record that the final report is not accepted. Ashok Kumaran v. State of Kerala Hon’ble Justice Raja Vijayaraghavan V Decided on 11th July, 2023 For Petitioners : Advs. G.Harikumar (Gopinathan Nair) & Akhil Suresh For Respondents : Adv. Neema T. V. (Sr. PP) For full textclick here